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MoRTH Transport Policy RFP

The Ministry of Road Transport and Highways, Government of India, is seeking consultancy services for Transport Policy, Motor Vehicle Regulations, Automotive Industry Standards, and Road Safety, through a Request for Proposal (RFP). The project aims to enhance road transport systems in India by addressing current challenges and aligning with global standards, with a focus on sustainability and safety. Interested consultancy firms must meet eligibility criteria and submit technical and financial proposals, with a selection process based on quality and cost.

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Maninder Singh
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0% found this document useful (0 votes)
85 views84 pages

MoRTH Transport Policy RFP

The Ministry of Road Transport and Highways, Government of India, is seeking consultancy services for Transport Policy, Motor Vehicle Regulations, Automotive Industry Standards, and Road Safety, through a Request for Proposal (RFP). The project aims to enhance road transport systems in India by addressing current challenges and aligning with global standards, with a focus on sustainability and safety. Interested consultancy firms must meet eligibility criteria and submit technical and financial proposals, with a selection process based on quality and cost.

Uploaded by

Maninder Singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

REQUEST FOR PROPOSAL

(Reference No.RT-11036/14/2024-MVL)

Engagement of consultancy services to assist in the field of Transport Policy, Motor

Vehicle Regulations, Automotive Industry Standards and matters related to Road Safety

Ministry of Road Transport and Highways,

Government of India

June, 2025

1
CONTENTS

Section 1: Letter of Invitation……………………………………………….…....3 - 5

Section 2: Scope and Objectives of the Project………………………….6 - 10

Section 3: Instruction to Bidders………………………………………….…....11 -28

Data Sheet…….………………………………………………………………………..…...29 - 34

Section 4: Standard Forms………………………….…………….……………....35 - 45

Section 5: Terms of Reference……………………………………..……..…….46 - 53

Contract for Consultant’s Services…………………………………..………….54 -84

2
Section 1: Letter of Invitation
Subject: Engagement of consultancy services to assist in the field of Transport Policy,
Motor Vehicle Regulations, Automotive Industry Standards and matters related to
Road Safety.

Date: 27thJune, 2025

Dear M/s.:

The Ministry of Road Transport and Highways intends to engage


Consultancy services for engagement of consultancy services to assist in the field of
Transport Policy, Motor Vehicle Regulations, Automotive Industry Standards and matters
related to Road Safety. This project is funded by Ministry of Road Transport and
Highways (MoRTH), Government of India, thereafter referred to as client. A
request for proposal is issued for the notice of consultancy firms working in the
relevant field.

2. The Ministry of Road Transport and Highways now invites proposals to


provide the following consulting services (hereinafter called “Services”)
‘Engagement of consultancy services to assist in the field of Transport Policy, Motor
Vehicle Regulations, Automotive Industry Standards and matters related to Road
Safety.’ More details on the Services are provided in the Terms of Reference. The
firm will be selected on quality and cost based selection (QCBS).

3. The RFP is being issued and is open to all the consultancy firms who fulfill
the eligibility criteria of the RFP.

4. The RFP is available online on the E-Tendering portal


(https://eprocure.gov.in/eprocure/app). It is mandatory for all the Bidders to
have Class-III Digital Signature Certificate (with both signing and encryption
certificate) in the name of person who will sign the Application from any of the
licensed certifying agency (“CA”) to participate in e-tendering of MoRTH. The list
of the authorized Certifying Agencies can be found in www.cca.gov.in.

3
5. The authorized signatory holding Power of Attorney shall only be the Digital
Signatory. In case authorized signatory holding Power of Attorney and Digital
Signatory are not the same, such proposals shall be considered as non-responsive.

6. To participate in the E-Bid submission, it is mandatory for the Bidders to


register their firm with the E-tendering portal
(https://eprocure.gov.in/eprocure/app) and to acquire a user ID & password.

7. The RFP document can be viewed/downloaded free of cost from e-tendering


portal https://eprocure.gov.in/eprocure/app.

8. The following may be noted:


i. Registration should be valid at least upto the date of submission of
Proposals.
ii. Applications can be submitted only during the validity of registration with
the https://eprocure.gov.in/eprocure/app.
iii. The amendments/clarifications to this notice inviting proposals, if any, will
be posted on the e-tendering portal only. The pre-bid queries uploaded on
the portal will only be considered for the purpose of clarification required
by the consultancy firms.
iv. The time schedule applicable to this RFP has been given in clause 3.3 (c) of
Data Sheet.
v. The bidder is required to submit the Earnest Money deposit of
Rs.50,00,000/- (Rupees Fifty Lakh only) in the form of crossed demand draft
in favor of Pay & Accounts Officer (Sectt.), Ministry of Road Transport &
Highways, Transport Bhawan, New Delhi.
vi. Please note, EMD is kept exempted for MSME. Physical copy of the
EMD/Signed and Sealed MSME certificate should reach to office address “The
Under Secretary(MVL), Room No 249, Transport Bhawan, New Delhi-01”
prior to specified Bid Opening Date & time.
vii. Quotations of non-exempted bidders received without Earnest Money will be
summarily rejected. The earnest Money of the firms whose Quotations are
not approved shall be released after the award of contract to the successful
tender. The Earnest Money shall be forfeited, if the contractor declared
successful, declines the offer or does not accept the work for any reason,
whatsoever.
For any technical related queries please call the Helpdesk. The 24 x 7 Help
Desk Number 0120-4200462, 0120-4001002.
Yours sincerely,

4
(Shri Ankit Dugar),
Director (MVL),
Ministry of Road Transport and Highways, Govt. of India,
Room No.102, Transport Bhawan,
1, Parliament Street,
New Delhi - 110001
Phone No. 011-23718575
E Mail: [email protected]

5
Section 2: Scope and Objectives of the Project
Request for Proposal for Consultancy Project

This RFP is to invite technical and financial proposals for engagement of consultancy
services to assist in the field of Transport Policy, Motor Vehicle Regulations, Automotive
Industry Standards and matters related to Road Safety.

2. This project is conceptualized, sponsored and funded by Ministry of Road


Transport and Highways (MoRTH). The Project Management Consultant Team is
proposed to be engaged for a period of two year, which may be further extended,
if required, for two years on yearly basis. This document specifies the Scope of
Work, Resource Requirement of domain consultant, Terms & conditions, Selection
Criteria, Evaluation Norms etc. based on which, Consultancy firms are expected to
submit their technical proposals for evaluation and selection. The RFP is being
issued and is open to all the consultancy firms who fulfill the eligibility criteria
of the RFP.

2. Background of the Project

Transportation plays a crucial role in a nation's development by connecting


people, markets, facilitating access to jobs and essential services. Considering
India is on fast growth trajectory in the coming years, the demand for
transportation across various modes will continue to grow, owing to massive
infrastructure development, rising disposable incomes and need for greater
integration across various regions. India is also a strong advocate of de-
carbonization, with its commitments to achieve net zero by 2070 and other
climate-related commitments at various global forum.

Road transport has been a preferred form of transportation over the years, both
in movement of passengers as well as of freight. Not only is it a cost effective
mode of transport, its level of penetration and reach in far-flung areas is
unparalleled. Ease of availability as well as customization for specific needs of
individuals make it a dominant mode of transport in a vast country like India. In
recent years, great emphasis has been laid on upgrading the road transport sector
to offer environment-friendly and fuel-efficient mobility solutions.

6
The Ministry of Road Transport and Highways, as the central regulator for road
transport sector in India, is responsible for framing of rules, regulations, policies,
etc. to enable the road-based mobility across the country.

For the road transport sector to be future-ready, an assessment of the present


challenges confronting the sector is required. The future-ready transportation
system would be centered around sustainability, digitization, safety, affordability,
etc. With various new developments and technological advancements in the
automotive industry, several new possibilities and opportunities for improving road
transport arise. It also brings about new set of challenges for the regulatory
authorities in order to provide an environment, which facilitates the development
of cleaner, affordable and sustainable solutions. It is also important to further
align our standards with global standards, especially from the perspective of
improving road safety. Additionally, there are several ongoing initiatives, which
have been taken under Motor Vehicles Act, 1988, or Central Motor Vehicles Rules,
1989 which need to be aligned with the latest technological and socio-economic
developments.

To implement the afore-mentioned objectives, consultancy firm may engage


consultants/Associates to examine the issues and recommend reforms for
Transport Policy, Automotive Industry Standards, Safety Components of Vehicles
and matters related to Road Safety. Team is expected to go into the detail of all
recommendations of the selected studies for taking them forward.

3. Project Objectives-

To bring about innovation in the road transport sector and adopt global best
practices to meet the needs of the citizens in line with the vision of Viksit Bharat,
consultancy services would be required for following scope of work:

i. Provide advisory support for development of strategic measures to drive


reforms in road-based mobility.

ii. Prepare policies including but not limited to concept papers, scheme
documents, Tender documents, etc., for various technological interventions

7
such as Intelligent Transport System and Integrated Command and Control
Centers, etc.

iii. Analysis of issues raised by transport associations, State Governments,


industry etc. and evolve solutions to address the same.

iv. Provide policy inputs for linking of road transport to other means of
transport.

v. Identification of priorities for the road transport system to address current


and future challenges

vi. Study global best practices to enhance private participation and public-
private partnership in the road transport sector.

vii. Review, assessment and monitoring of Voluntary Vehicle Modernization


programme and identification of reforms required to streamline the same to
improve its penetration at national level.

viii. Review of National Permit ecosystem and identification of reforms required


to streamline the same to improve ease of doing business.

ix. Assessment of ongoing initiatives to improve road transport, including


identification of gaps in various thematic areas and measures to overcome
the same.

x. Formulation of a roadmap for rejuvenation of the State Road Transport


Corporations, including transition to green mobility.

xi. Framing of a model ESG policy for adoption by State Road Transport
Corporation.

xii. Critical analysis of outcomes of ongoing scheme for ITS adoption.

xiii. Development of action plan, policies, schemes, etc., to increase


penetration of technology in bus-based public transport and to create a
national level platform for data-based decision making.

xiv. Recommend measures for improving ease of doing business for key transport
entities such as operators, aggregators, etc.

8
xv. Evolve ways of improving the transport-related services being offered to
citizens, businesses, other stakeholders on Vahan and Sarathi.

xvi. Knowledge inputs and data analysis related to rules and regulations being
formulated by MoRTH under MV Act, 1988 for promoting ease of mobility of
citizens.

xvii. Policy inputs for formulation and implementation of schemes mandated


under MV Act, 1988.

xviii. Evolve ways of improving the coverage of BH series registration mark.

xix. Development of implementation plan for achieving 100% coverage of motor


third party insurance among registered motor vehicles.

xx. Review of international conventions, treaties, agreements etc. to which


India is a signatory and recommend measures for adoption.

xxi. Study global best practices in vehicle manufacturing and recommend


measures to be taken to adopt environmentally sustainable practices.

xxii. Evaluation of standards to remove bottlenecks in uptake of alternate fuel


vehicles and to strengthen the safety elements in vehicles.

xxiii. Roadmap for adoption of next generation standards for vehicular emissions
and fuel efficiency norms.

xxiv. Review of standards and specifications for different categories / use cases
of electric vehicles and recommend action points to align them with global
standards.

xxv. Analysis of outcomes of pilot projects for feasibility analysis of various types
of Zero Emission Vehicles.

xxvi. Evolving a mechanism to monitor the reduction in emissions based on


various initiatives of MoRTH towards decarbonization.

xxvii. Propose measures to be undertaken to inculcate road safety among road


users and to improve driver behavior.

9
xxviii. Propose measures towards reduction of road accident fatalities as per India's
global commitments.

xxix. Functioning and implementation of eDAR application.

xxx. Electronic Monitoring & its implementation for Road Safety.

xxxi. Monitoring, evaluation, reporting obligations on all aspects, impact


assessment and coordination with various stakeholders.

xxxii. Work related to the Supreme Court Committee on Road Safety, National
Road Safety Board, National Road Safety Council, District Road Safety
Committee, etc.

xxxiii. Provide support to MoRTH on any relevant issues concerning implementation


of recommendations which may be identified during the course of the
assignment.

xxxiv. Any other related work assigned pertaining to Central Government,


including but not limited to inputs in respect of PGs, RTIs, Cabinet Notes,
Parliament Questions, Assurances, Parliamentary Committee matters, Court
Cases, CMVR_TSC, AIS, International/ECE forums, draft paras, budgetary
provisions, preparation of DPR, analysis of data, etc.

xxxv. Sub-consultancy is permitted based on specific requirement of the contract


as decided by Ministry.

10
Section 3: Instructions to Bidders

1. Definitions:
a. “Associate” means such person of the Consultancy firm responsible for
coordinating the project activities for the specified Division of the Ministry.
b. “Bid” means the Technical Bid and the Financial Bid.
c. “Client” means the Ministry of Road Transport and Highways (“MORTH”)

d. “Consultancy firm” means any entity that may provide the services to
MoRTH under the Contract.
e. “Contract” means the Contract signed by the Parties and all the attached
documents, General Conditions of Contract (GCC), the Special Conditions of
Contract (SCC), and the Appendices.
f. “Day” means calendar day.
g. “EMD” means earnest money deposit.
h. “Firm” shall mean a Company registered under Companies Act 1956/2013 or
an LLP registered under LLP Act 2008 or a partnership firm duly registered
with Competent Authority
i. “Government” means the Government of India.
j. “Instructions to Bidders” (Section 3: Data Sheet of the RFP) means the
document which provides Bidders with all information needed to prepare
their bids.
k. “Project Manager” means the person in overall charge of the planning and
execution of a particular project.
l. “RFP” means the Request for proposal for engagement of consultancy
services to examine the issues and recommend reforms for Transport Policy,
Automotive Industry Standards, Safety Components of Vehicles and matters
related to Road Safety executed by Ministry of Road Transport and Highways
(MoRTH).
m. “Services” means the work to be performed by the Bidder pursuant to the
Contract.
n. “Team Leader” means a person that will provide expertise/services as per
requirement of contract and monitor the services of the resources.
o. “Terms of Reference” (TOR) means the document included in the RFP as
Section 5 which explains the objectives, scope of work, activities, tasks to
be performed, respective responsibilities of MoRTH and the Bidder, and
expected results and deliverables of the assignment.

11
General Terms and Conditions
Introduction 1.1 MORTH will select a consulting
Firm/organization (“Consultancy Firm”) in
accordance with the method of selection
specified in the Data Sheet.
1.2 The Bidders are invited to submit a
Technical Bid and a Financial Bid (“Bid”), as
specified in the Data Sheet, for consulting
services required for the assignment. The
Bid will be the basis for Contract
negotiations and ultimately for a signed
Contract with the selected Bidder.
1.3 Bidders shall bear all costs associated with
the preparation and submission of their Bids
and Contract negotiation. MoRTH is not
bound to accept any Bid and reserves the
right to annul the selection process at any
time prior to Contract award, without
thereby incurring any liability to the
Bidders. Any entity which has been barred by
any Government agencies for the works of
similar nature and the bar subsists as on the
date of application, would not be eligible to
submit the bid.
Conflict of Interest 1.4 Bidders at all times shall provide
professional, objective, and impartial advice
and at all times hold the MORTH’s interest
paramount, strictly avoid conflicts with
other assignments or their own corporate
interests and act without any consideration
for future work.
Conflicting activities 1.5.1 Without limitation on the generality of the
foregoing, Bidders, and any of their
affiliates, shall be considered to have a
conflict of interest and shall not be
recruited, under any of the circumstances
set forth below:

12
(i) A firm that has been engaged by MoRTH to
provide, work or Services other than
consulting Services for a project, and any of
its affiliates, shall be disqualified from
providing consulting Services related to
those, works or Services. Conversely, a Firm
hired to provide consulting Services for the
preparation or implementation of a project,
and any of its affiliates, shall be disqualified
from subsequently providing works or
services other than consulting services
resulting from or directly related to the
Firm’s consulting services for such
preparation or implementation.
Conflicting assignments (ii) In case, the Team identifies a situation of
Conflict of Interest or potential Conflict of
Interest, it would promptly inform Director
(MVL), MORTH.
Conflicting relationships (iii) A Bidder that has a business or family
relationship with a member of MoRTH’s staff
who is directly or indirectly involved in any
part of (i) the preparation of the Terms of
Reference of the assignment, (ii) the
selection process for such assignment, or
(iii) supervision of the Contract, may not be
awarded a Contract, unless the conflict
stemming from this relationship has been
resolved in a manner acceptable to MoRTH
throughout the selection process and the
execution of the Contract.
1.5.2 Bidders have an obligation to disclose any
situation of actual or potential conflict that
impacts their capacity to serve the best
interest of MoRTH, or that may reasonably
be perceived as having this effect. Failure to
disclose said situations may lead to the
disqualification of the Bidder or the
termination of its Contract.
1.5.3 No agency or current employees of MoRTH
shall work as Bidders under their own
ministries, departments or agencies.
Recruiting former government employees of
MoRTH to work for their former ministries,
departments or agencies is acceptable
provided no conflict of interest exists. When

13
the Bidder nominates any government
employee as Personnel in their technical
Bid, such Personnel must have written
certification from their government or
employer confirming that they are on leave
without pay from their official position and
allowed to work full-time outside of their
previous official position. Such certification
shall be provided to MoRTH by the Bidder as
part of his technical Bid.
Fraud and Corruption 1.6 It is the MoRTH’s policy that Bidders,
personnel, service providers and suppliers,
observe the highest standard of ethics
during the selection and execution of their
scope of work.
Debarment 1.7 The firm must provide the details of
debarment/ blacklisting from any Central
Government Organization/ PSU /
Autonomous Body. Moreover, such
debarment/ blacklisting shall not be
subsisting as on the date of application.
Origin of Consulting 1.8 Consulting Services provided under the
Services Contract shall originate from India.
Only one Bid 1.9 Bidders may only submit one Bid. If a Bidder
submits or participates in more than one
Bid, such Bids shall be disqualified.
Individual Consultancy firm/Sub-consultancy
firm may not participate in more than one
Bid.
Joint Venture 1.10 Joint Venture allowed. Sub-consultancy
allowed only on specific requirement of
contract as decided by Ministry.
Bid Validity 1.11 The Bid should remain valid for a period of
120 calendar days from the Bid due date.
During this period, Bidders shall maintain
the availability of professional staff
nominated in the Bid. MoRTH will make its
best effort to complete negotiations within
this period. Should the need arise, however,
MoRTH may request Bidders to extend the
validity period of their Bids. Bidders who
agree to such extension shall confirm that
they maintain the availability of the
professional staff nominated in the Bid, or in

14
their confirmation of extension of validity of
the Bid, Bidders could submit new staff in
replacement, which would be considered in
the final evaluation for contract award.
Bidders who do not agree have the right to
refuse to extend the validity of their Bids.
2. Clarification and 2.1 Bidders may request a clarification on any of
Amendment of RFP the clause of RFP documents up to the date
Documents indicated in the Data Sheet. Any request for
clarification must be uploaded on the e-
tender portal as indicated in the Data Sheet.
MoRTH will upload the reply to the queries
(including an explanation of the query
without identifying the source of inquiry) on
the e-tender portal only. Should MoRTH
deem it necessary to amend the RFP as a
result of a clarification, it shall do so
following the procedure under para 2.2.
2.2 At any time before the submission of Bids,
MORTH may amend the RFP by issuing an
addendum in writing or by standard
electronic means. The addendum shall be
uploaded on the website/e-tender portal of
MoRTH. In order to give reasonable time to
Bidders to include an amendment in their
Bids, MORTH may, if the amendment is
substantial, extend the deadline for the
submission of Bids.
3. Preparation of Bids 3.1 The Bid (see para. 1.2) as well as all related
correspondence exchanged by the Bidders
and MoRTH, shall be written in English
language.
3.2 In preparing their Bid, Bidders are expected
to examine in detail the documents
comprising the RFP. Material deficiencies in
providing the information requested may
result in rejection of a Bid.
3.3 While preparing the Technical Bid, Bidders
must give particular attention to the
following:
(a) The bidder(s) shall submit CVs of Three
personnel against all positions. MoRTH will
then technically evaluate all such personnel.

The financial bid(s) will be opened and

15
considered only for the positions, which are
declared responsive by MoRTH.

MoRTH may enter into an agreement with a


consultancy for all/few positions, which are
declared responsive by MoRTH.
Language (b) Documents to be submitted by the Bidders
as part of this assignment must be in English
language.

The Bids shall be submitted within the time


Submission of Bids (c)
period as mentioned in the Data Sheet.
Eligibility of Bidder 3.4 Proof of Eligibility:
a) The minimum essential requirement in
respect of eligibility has been indicated in the
Data Sheet.
b) Project sheets in support of relevant
experience as per Form TECH-2 supported by
the experience certificates from clients /
government organizations if available or self –
certified by the bidder in support of
experienceas specified in data sheet for the
project size and functional requirements
preferably in projects of similar nature as that
of proposed project shall be submitted.
c) Scope of services rendered by the firm
should be clearly indicated in the certificate
obtained from the client. The information
given in Form T E C H - 2 shall also be
considered as part of Technical Proposal and
shall be evaluated accordingly.
d) In case Experience certificate is not
available, the bidder may submit self-certified
copy of the projects completed. Ministry may
verify if required.
e) Firm’s turn over for the last 3 years: A
tabular statement showing the turnover of the
applicant firm(s) for the last three years
beginning with the last financial year certified
by the Charted Accountant/ Statutory Auditor
shall be submitted in support of the turnover.

16
The proposal found deficient in any respect of
these requirements will not be considered for
further evaluation.

Technical Bid Format and 3.5 Bidders are required to submit a Technical
Content Bid and a Financial Bid. The Data Sheet
indicates the format of the Technical Bid to
be submitted. The Technical Bid shall
provide the information indicated in the
following paras from (a) to (c) using the
attached Standard Forms (Section 4).

Relevant Experience of Firm: Relevant


Services carried out in the last seven years
as per Form TECH - 2. This information
submitted as part of Proof of Eligibility shall
be evaluated and need not be submitted
again as a part of the Technical proposal

It may please be ensured that the format is


strictly followed and the information
furnished is true and correct.

(a) Approach and Methodology to execute the


assignment: The consultant should explain
understanding of the objectives of the
assignment as outlined in the Background of
the Project and Terms of Reference. The
consultant should showcase the approach for
streamlining of the scope mentioned in
Terms of Reference and highlighting key
activities required to achieve the scope. The
consultant should also highlight the
methodology to execute the indicated
activities taking into consideration resource
requirements and timelines. The consultancy
firm will provide a detailed resource wise
duties, responsibilities and work-plan.
The consultant need to highlight the
technical approach, and the methodology of
the project execution to be adopted by him
for implementing the tasks to deliver the
expected output(s), and any other

17
innovative idea related to the design and
execution and the degree of detail of such
output.
Innovation in approach and methodology to
achieve the best possible results within the
timelines will be preferred. (TECH –3 of
Section -4).
(b) The list of the proposed Personnel by area of
expertise, the position and task assigned to
each team member. (Form TECH-4 of
Section 4).
(c) CVs of the Personnel signed by the team
members themselves or by the authorized
representative of the Personnel. (Form
TECH- 5 of Section 4).
3.6 The Technical Bid shall not include any
financial information. A Technical Bid
containing financial information may be
declared non-responsive. The availability of
key personnel must be ensured for the
duration of the project as per proposed work
programme.
Financial Bids 3.7 The Financial Bid shall be prepared using the
attached Standard Forms (Section 4). It shall
contain remuneration to be paid to the
Domain Consultants/Associates. The bidder
shall quote all-inclusive fixed monthly
charges in the financial bid.
Taxes 3.8 The Bidder may be subject to local taxes on
amount payable by MoRTH under the
Contract. The financial proposal shall take
into account all types of tax liabilities and
cost of insurance specified in the Data Sheet.
All such amounts shall be included in the
Financial Bid. However, GST as applicable
shall be paid extra. Applicable TDS will be
deducted from the payments released.
3.9 Bidders shall express the price of their
services in INR only.
4. Accessing Bid 4.1 Detailed RFP document can be viewed /
Documents downloaded from MoRTH website/e-tender
portal.

18
4.2 It is mandatory for all the Bidders to have
class-III digital signature certificate (with
both Signing and encryption certificate) (in
the name of person who will sign the Bid)
from any of the licensed Certifying Agency
(“CAs”) Bidders can see the list of licensed
CAs from the link www.cca.gov.in to
participate in e-tendering. The Authorized
Signatory holding Power of Attorney (POA)
or the person executing/delegating such
POA, shall only be the Digital Signatory. In
other cases, the Bid shall be considered non-
responsive.

To participate in the submission of the Bid


against the RFP, it is mandatory for the
Bidders to get themselves registered with
the MORTH’s e-tender portal and to have
user ID & password.

Following may be noted:

a. Registration should be valid at least up


to the date of submission of Bid.
b. Bids can be submitted only during the
validity of registration with the
MORTH’s e- tender portal.
c. The amendments/clarifications to the
RFP, if any, will be hosted on the
MORTH’s website as well as e-tender.
d. If the Bidder is already registered with
e- tender portal of MORTH and validity
of registration has not expired, the
Bidder is not required to register afresh.
For Help, please contact e-tender Cell and
Help Desk Support. Support staff at E-Tender
Help desk shall be available on all week days
(Monday to Friday) from 9:30 AM to 5:30 PM
except on Gazetted Holidays.
5.Preparation & 5.1 Detailed RFP may be downloaded from
Submission of Bid: MoRTH’s website and / or e-tender portal of
MoRTH and Bid shall be submitted online.

19
5.2 The following documents shall be submitted
in ORIGINAL to MoRTH before the prescribed
date & time for submission of Bids.

a. Original Power of Attorney in favor of


Authorized Signatory in the Format
prescribed in this document.

b. The Technical and Financial Bid should be


submitted online only in the prescribed
format given on the e- tender portal. No
other mode of submission is accepted.
6. Bid Composition 6.1 (a) The Bid shall comprise PART 1 Document
in original to be physically submitted at
MORTH before prescribed time limits.

(b) The Document(s) as specified in para 5.2


(a) above shall be placed in a sealed
envelope. The envelope should bear the
following identification:

“Request for proposal for Engagement of


consultancy services to assist in the field of
Transport Policy, Motor Vehicle Regulations,
Automotive Industry Standards and matters
related to Road Safety(Reference No.RT-
11036/14/2024-MVL” and addressed to:

Shri Sandeep Kumar Singh,


Under Secretary (MVL),
Ministry of Road Transport and Highways,
Govt. of India, Room No. 249, Transport
Bhawan, 1, Parliament Street, New Delhi
110001
Phone No. 011-23739074
E-MAIL: [email protected]

(c) The envelope should also bear the


Bidder’s name & address. If the envelope is
not sealed and marked as above, MoRTH
will assume no responsibility for the
Misplacement or premature opening of the
contents of the envelope and consequent
losses, if any, suffered by the Bidder. Such
Bids may also be declared non- responsive.

20
Notes:

i. Documents as specified above, if


received by MoRTH after the prescribed
deadline (Bid due date) will be returned
unopened to the Bidder and their bids
will not be evaluated.
ii. If any requisite document/ certificate is
not in the prescribed format the same
shall not be considered while evaluating
the Bids and the same may lead to Bid
being declared as non-responsive.

The Technical Bid shall not include any


commercial quote.
6.2 PART 2 (Technical Bid to be uploaded on E-
tender portal)
i. Technical Bid comprising various
formats TECH 1 – TECH 5
prescribed in Section 4.
ii. Bidders are required to submit
their proposal on e-procurement
portal as per requirement of TOR
& RFP. The detailed criteria have
been indicated in DATA SHEET.
Proposal submitted in any other
form is not acceptable.
iii. Undertaking that the Bidder has
not been determined non-
performing or having been
terminated any of his project
during last three years by
Ministries/Departments,
Government of India/State
Government or its executing
agencies like NHAI, NHIDCL, etc.
iv. Other documents:
a. Copy of Certificate of
Incorporation of Company/LLP or
registration certificate of
Partnership firm;
b. MoA and AoA of the Company /
LLP or partnership deed of

21
Partnership firm; and
c. Other document which may be
relevant in proving the
Technical/Financial capacity of
the Company/LLP as per the Data
Sheet.
6.3 PART 3 Financial Bid (In the format as
provided in Fin- 1 and Fin-2) in Section 4
a. Financial Bid shall be submitted online
on e-tender portal on the prescribed
format which may be downloaded
before the Bid due date from e-tender
portal.
b. The Bid should include all the charges
payable in full compliance to the scope
of work and other terms specified in the
RFP document. No additional payments
whatsoever are envisaged. Bidder to
quote fixed monthly amount for
providing Team Leader, Project
Manager and associate. Rate should be
all inclusive.
c. The Bid should include all statutory
taxes/ levies / surcharge on tax, etc.,
but excluding GST. Any tax, and / or
any other levies, if altered in future and
payable under the law, the same shall
be borne by the Bidder.
d. Applicable GST (as applicable on
services) shall be reimbursed by MoRTH
separately on production of proof of
payment; and
e. Bidder should note that Income tax
payable by the Bidder is not
reimbursable by MoRTH. TDS will be
deducted as applicable on all payments
made by MoRTH as per applicable rate.
f. In case of any difference in figures and
words, the amount mentioned in words
will prevail. Costs shall be expressed in
Indian Rupees only. The payments shall
be made in Indian Rupees.

22
Modification/Substitution/ 6.4 (i) The Bidder may modify, substitute or
withdrawal of Bids: withdraw its e-Bid after submission prior to
the Bid due date. No Bid shall be modified,
substituted or withdrawn by the Bidder on or
after the Bid due date.
(ii) Any alteration/modification in the Bid or
additional information supplied subsequent
to the Bid Due Date, unless the same has
been expressly sought for by the Client,
shall be disregarded.
(iii) For modification of e-bid, Bidder has
to click on Edit Bid option and resubmit
digitally signed modified Bid.
(iv) For withdrawal of Bid, Bidder has to
click on withdrawal icon at e-tender portal
and can withdraw its e-bid.
(v) Before withdrawal of a Bid, it may
specifically be noted that after withdrawal
of a Bid for any reason, Bidder cannot re-
submit e-bid again.
Opening and Evaluation 6.5 i. Opening and evaluation of bids will be
of Bids done through online process.
ii. The Bids will be opened on-line after
the due date at the time prescribed in
the RFP document in the presence of
the Bidders who choose to attend.
MORTH will subsequently examine and
evaluate the Bids in accordance with
the provisions set out.
iii. Prior to evaluation of Bids, MoRTH shall
determine whether each Bid is
responsive to the requirements of this
RFP.
iv. At first stage eligibility of the firm will
be checked as per criteria in RFP.
Technical bids of non-eligible firms will
not be processed further.
v. Financial bid of non-responsive bidders
shall not be opened.
vi. The Technical bid shall be opened of
those bidders only who ensure physical
submission of mandatory documents in
original in compliance to provision at
5.2.

23
To assist in the examination, evaluation and
comparison of Bids, MoRTH may, at its
discretion, ask any Bidder for clarification of
its Bid. The request for clarification and the
response shall be in writing or e-mail, but no
change in the price or substance of the Bid
shall be sought, offered, or permitted except
as required to confirm the correction of
arithmetic errors discovered by MoRTH in the
evaluation of the Bids.

Except in case any clarification is asked by


MORTH, no Bidder shall contact MoRTH on
any matter relating to its Bid from the time
of the Bid opening to the time the Contract is
awarded. If any bidder wishes to bring
additional information to the notice of
MoRTH, it should do so in writing at the
address prescribed in the Notice Inviting
Tender.
Bid evaluation criteria and 6.6 The Bid shall be opened on-line by the
Selection Procedure MoRTH on the prescribed date and time.
Prior to evaluation of the Bids, MoRTH shall
determine as to whether each Bid is
responsive to the requirements of this RFP
document. A Bid will be declared non-
responsive in case:

a. If a Bidder submits more than one valid


Bid against this RFP.
b. The physical submissions are
incomplete/ inadequate to the
requirements of the RFP Documents.
c. If the Authorized Signatory holding
Power of Attorney (POA) or the person
executing/delegating such POA and
Digital Signatory are not the same
d. If a Bidder submits a conditional Bid or
makes changes in the terms and
conditions given in this RFP document
e. Failure to comply with all the
requirements of RFP document by a
Bidder

24
f. If the Bid is not submitted in the
formats prescribed in the RFP document
g. If any requisite document/ certificate is
not in the prescribed format the same
shall not be considered while evaluating
the bids and the same may lead to Bid
being declared as non-responsive.
h. If the envelope containing physical
submission is not sealed and marked as
prescribed in the RFP document
i. A Bid valid for a period of time shorter
than prescribed in the RFP document.
j. The CV of the proposed Team Leader
should score at least 80% marks
otherwise the entire proposal shall be
considered to have failed in the
evaluation of Technical Proposals and
shall not be considered for opening of
Financial Proposals.
k. The CV of the proposed Project Manager
should score at least 70% marks
otherwise the entire proposal shall be
considered to have failed in the
evaluation of Technical Proposals and
shall not be considered for opening of
Financial Proposals.
l. Quotations of non-exempted bidders
received without Earnest Money will be
summarily rejected.
7. Evaluation of Technical 7.1 MoRTH shall evaluate the Technical Bid on
and Financial Bids the basis of their responsiveness to the
Terms of Reference, applying the evaluation
criteria, sub-criteria, and point system
specified in the Data Sheet. Each responsive
Bid will be given a technical score. A Bid
shall be rejected at this stage if it does not
respond to the RFP, particularly the Terms
of Reference.
7.2 After the technical evaluation is completed
and MoRTH shall inform the Bidders who
have submitted Bids the technical scores
obtained by their Technical Bids and shall
notify those Bidders whose Bids were
considered non-responsive to the RFP and

25
TOR. The technical score will be announced
before opening of financial bid on the day
financial bid is opened.

Financial bids for QCBS 7.3 Under stage 1, the firms scoring the
qualifying marks (minimum 80%) as
mentioned in RFP shall be listed in the
descending order of their technical score.
Under stage 2, the financial proposal of such
firms as selected above shall be opened and
evaluated. The weight age of Technical and
Financial score shall be 60% & 40%
respectively. The final selection of the firm
shall be based on the highest combined
score of Technical and Financial Proposal.
8. Award of Contract

Availability of Personnel 8.1 Having selected the Bidder on the above


basis, MoRTH will require assurances that
the Personnel will actually be available.
MoRTH will not consider substitutions during
contract negotiations unless both parties
agree that undue delay in the selection
process makes such substitution unavoidable
or for reasons such as resignation, death or
medical incapacity. If this is not the case
and if it is established that personnel were
offered in the Bid without confirming their
availability, the bidder may be disqualified.
Any proposed substitute shall have
equivalent or better qualifications and
experience than the original candidate.
Award of Contract 8.2 An undertaking from the key personnel must
be furnished that he/she will be available
for entire duration of the project assignment
and will not engage himself/ herself in any
other assignment during the currency of
his/her assignment on the project. After
confirmation of the manpower, MoRTH shall
award the Contract to the selected
bidder(s). The bidder is expected to
commence the assignment on the date and
at the location specified in the Data Sheet.

26
The duration of the contract will be such as
it has been specified in Data sheet.

9. Confidentiality 9.1 Information relating to evaluation of Bids


and recommendations concerning awards
shall not be disclosed to the Bidders who
submitted the Bids or to other persons not
officially concerned with the process, until
the publication of the award of Contract.
The undue use by any Bidder of confidential
information related to the process may
result in the rejection of its Bid and may be
subject to the provisions of the MORTH’s
antifraud and corruption commitment.
10. Earnest Money 10.1
The bidder is required to submit the Earnest
Money Deposit of Rs.50,00,000/- (Rupees Fifty
Lakh only) in the form of crossed Demand
Draft in favour of Pay and Accounts Officer
(Sectt), Ministry of Road Transport and
Highways, Transport Bhawan, New Delhi.
EMD is exempted for MSME. Physical copy of
the EMD/Signed and Sealed MSME certificate
should reach to office address “The Under
Secretary, MVL, Room No 249, Transport
Bhawan, New Delhi-01” prior to specified Bid
Opening Date & time.

Quotations of non-exempted bidders received


without Earnest Money will be summarily
rejected. The earnest Money of the firms
whose Quotations are not approved shall be
released after the award of contract to the
successful tender. The Earnest Money shall be
forfeited, if the contractor declared
successful, declines the offer or does not
accept the work for any reason, whatsoever.

27
11. Performance Security 11.1 The successful bidder, to whom the contract
will be awarded, is required to submit five (5)
per cent of the value of the contract as
specified in the bid documents, as
Performance Security. Performance security
may be furnished in the form of account payee
demand draft, fixed deposit receipt from a
commercial bank, bank guarantee
issued/confirmed from any of the commercial
bank in India.

Performance Security is to be furnished within


14 days after notification of the award and it
should remain valid for a period of 60 (sixty)
days beyond the date of completion of all
contractual obligations of the supplier,
including warranty obligations.

The performance security will be forfeited and


credited to the procuring entity’s account in
the event of a breach of contract by the
contractor. It will be refunded to the
contractor without interest, after he duly
performs and completes the contract in all
respects but not later than 60(sixty) days of
completion of all such obligations including
the warranty under the contract.

28
3. DATA SHEET

Paragraph
Reference

1.1 Name of Client: Ministry of Road Transport & Highways

Method of selection: Quality and Cost Based Selection (QCBS)

1.2 Financial bid to be submitted together with Technical bid: Yes

Name of the assignment: Engagement of consultancy services to


examine the issues and recommend reforms for Transport Policy,
Automotive Industry Standards, Safety Components of Vehicles and
matters related to Road Safety

(Reference No. RT-11036/14/2024-MVL)

1.11 Bids must remain valid 120 days after the submission date.
3.3 (c) Schedule of Bidding:

Notice Inviting Tender 27th June, 2025

Submission of pre-bid queries by Bidders 04th July, 2025

Pre-bid Meeting Date and Venue 08th July, 2025

Reply to pre-bid queries 16th July, 2025

Bid Due Date 31st July, 2025 upto 03:00 PM

Physical submission of EMD at venue 31st July, 2025 upto 03:00 PM

Opening of technical bid 01st August, 2025 upto


04:00 PM
The address for requesting clarifications is:

Shri Sandeep Kumar Singh,


Under Secretary (MVL),
Ministry of Road Transport and Highways, Govt. of India,
Room No. 249, Transport Bhawan,
1, Parliament Street,
New Delhi - 110001
Phone No. 011-23739074
Mail: [email protected]

29
3.4 (b) The number of resources required for the assignment is: Twelve
(12)
i. Team Leader - Transport- One (01) (Part Time- 25%)
ii. Project Manager – One (01) (Full Time- 100%)
iii. Senior Project Associate - Four (04) (Full Time- 100%)
iv. Junior Project Associate – Six (06) (Full Time- 100%)

3.7 Amounts payable by MoRTH to the Bidder under the contract is subject
to local taxation: Yes
Applicable GST (as applicable on services) shall be reimbursed by
MoRTH separately on production of proof of payment.
3.8 Bidder to state all costs in Indian National Rupee only.

7.1 A. Eligibility Criteria


a. Technical Capacity of the bidder

Experience of working in consultancy projects with each project


value greater than INR 4 Crore for projects in India in the last 7 years,
on projects related to Transport Sector of which three project should be
with Central / State Government / PSUs.

Ongoing projects upto 90% completed may also be considered.

b. Financial Average Annual Turnover of only Consultancy


Services for the last three Financial Years from the
Consultancy/Project Management business in India shall
be evaluated. The consultancy firm having consultancy
income of Rs.100 Crore and above will be eligible to bid.
The income from consultancy should be duly supported by
certificate from the Chartered Accountant certifying the
turnover of only Consultancy business for the last three
years 2022-23, 2023-24 and 2024-25 duly supported by
audited balance sheets. In case, audited balance sheet for
the FY 2024-25 is not available, the audited balance sheet
of preceding years will be considered.
c. Profile of Firm:

The firm should be incorporated/registered in India and


have at-least 10 years’ consultancy business in India.
Provide the certificate of incorporation / certificate of
registration /Partnership deed in case of Partnership firm,
or other document issued by Government Agency.
The firm which does not fulfill the above mentioned criteria will not
be considered for technical evaluation.
Projects of only those firms will be considered which has applied for
the bid. No projects executed by sister concern or member of lead

30
company will be considered.
CVs of each of resource including Team Leader, Project Manager,
Senior Project Associates and Junior Project Associates will be
evaluated.

B. Technical Evaluation Criteria

Criteria for Evaluation Marks


1. Relevant Project Experience 15
(a) Five Consultancy projects with a project value greater than 10
INR 4 Crore for projects in India in the last 7 years, on
projects related to Transport sector of which three projects
should be with Central Government /Government Department
/State Government/ PSU’s.
Ongoing projects upto 90% completed may also be considered;
(b) Each additional similar project with Central Government 5
/Government Department /State Government/ PSU’s will be
eligible for 1 marks (maximum of 5 marks).
2. Approach and Methodology 25

a. Project understanding of assignment 5


b. Project approach and methodology 15
c. Work plan and staffing schedule 5

A presentation is to be made by bidder before Evaluation and


Selection committee on approach & methodology.
3. Case Study:
One detailed case study on completed contract on projects in
Transport Sector and Road Safety Sector on projects related to
strategy development, Infrastructure Development, 10
Development & analysis, Project Planning, Project Structuring,
and Other Infrastructure Projects of similar nature with a value
of Rupees Five Crore or more.
4. Qualifications and competence of the key staff for the 50
assignment
I. Team leader 10

II. Project Manager 8

III. Senior Project Associate (Four) 20


IV. Junior Project Associate (Six) 12

31
Total points for the above four criteria 100
The minimum technical score (St) required to pass is 80

The lowest evaluated Financial Proposal (Fm) is given the maximum


financial score (Sf) of 100.

The formula for determining the financial scores (Sf) of all other
Proposals is calculated as following:

Sf = 100 x Fm/ F, in which “Sf” is the financial score,“Fm” is the lowest


price, and “F” the price `of the proposal under consideration.

The weights given to the Technical (T) and Financial (P) Proposals
are:
T = 60%
P = 40%

Proposals are ranked according to their combined technical (St) and


financial (Sf) scores using the weights (T = the weight given to the
Technical Proposal; P = the weight given to the Financial Proposal; T +
P = 1) as following: S = St x T% + Sf x P%.

2. Evaluation Criteria

1. Team Leader – 10 points


S. Description Max.
no. Marks
I. General Qualification 2
1. MBA/Postgraduate diploma in management from an 1
Institution recognized by AICTE/NAAC or affiliated to an
Indian/ global University of repute;

Desirable: Degree from any of Top 50 universities/ 1


colleges in NIRF Ranking 2024 with minimum average grade
of 75% across undergraduate and post-graduate education
II. Interaction with resource 4
III. Relevant Experience 4
Fifteen years of professional experience- 2
(a) Experience on fields related to infrastructure
development, motor vehicle regulations, operations and
management related to transport/Road Safety.

32
(b) Experience in planning for short, medium and long
term policies related to Traffic management, intelligent
transport system, electronic enforcement of law and road
safety, last mile connectivity and improvement in public
transport for facilitating Divyangjan and senior citizen.
Desirable: At least two completed assignment as a Project
Manager under Ministry/Department under Government of 1
India/State and knowledge of Motor Vehicle Law.

For each additional completed year 0.50 marks 1


2. Project Manager – 8 points
S. Description Max.
no. Marks
I. General Qualification 2
1. MBA/Post graduate from an Institution recognized by 1
AICTE/NAAC or affiliated to an Indian/ global University of
repute;
Desirable: Degree from any of Top 50 universities/ colleges 1
in NIRF Ranking 2024 with minimum average grade of 75%
across undergraduate and post-graduate education
II. Interaction with resource 2
III. Relevant Experience 4
Six years of professional experience- 2
(a) Experience on fields related to infrastructure
development, motor vehicle regulations, operations and
management related to transport/Road Safety.
(b) Experience in program management of large scale
transformation program in Government/ PSUs, related to
Traffic management, intelligent transport system,
electronic enforcement of law and road safety, last mile
connectivity and improvement in public transport for
facilitating Divyangjan and senior citizen.
Desirable: At least one completed assignment as a Project
Manager under Ministry/Department under Government of 1
India/State and knowledge of Motor Vehicle Law.

For each additional completed year 0.50 marks 1

3. Senior Project Associates – 20 Points (5 points for each)


I. General Qualification 2
MBA/Post graduate from an Institution recognized by 1
AICTE/NAAC or affiliated to an Indian/ global University of
repute;

33
Desirable: Degree from any of Top 50 universities/ 1
colleges in NIRF Ranking 2024 with minimum average grade
of 75% across undergraduate and post-graduate education
II. Interaction with resource 1
III. Relevant Experience 2
Three years’ experience in program management of large
scale transformation programs with public/private sector 1
companies/agencies in India or globally
For each additional completed year 0.25 marks 1

4. Junior Project Associates – 12 Points (2 points for each)


I. General Qualification 1
Graduate in Engineering from an Institution recognized by 0.5
AICTE/NAAC or affiliated to an Indian/ global University of
repute;

Desirable: Degree from any of Top 50 universities/ colleges in


NIRF Ranking 2024 with minimum average grade of 75% across 0.5
undergraduate education
II. Interaction with resource 1
8.2 Duration of Contract: Two years, which may be extended, if
required, for further two years on yearly basis, based on mutual
agreement between MoRTH and the Bidder on same terms and
conditions. If extended, the resource(s) shall be paid an escalation of 3%
per annum for the period of extension.

34
SECTION 4
Technical Proposal – Standard Forms

FORM TECH-1

Technical Proposal Submission Form

{Date}
To,

Ministry of Road Transport and Highways, Govt. of India


Transport Bhawan
1, Parliament Street
New Delhi 110001

Dear Sir,

We, the undersigned, offer to provide the consultancy services for


‘Engagement of consultancy services to assist in the field of Transport Policy, Motor
Vehicle Regulations, Automotive Industry Standards and matters related to Road
Safety. (Reference No. RT-11036/14/2024-MVL)’ in accordance with your Request for
Proposals dated …………………. We are hereby submitting our Proposal, which
includes this Technical Proposal and a Financial Proposal both submitted separately
in electronic form.

We hereby declare that:

(a) All the information and statements made in this Proposal are
true and we accept that any misinterpretation or misrepresentation
contained in this Proposal may lead to our disqualification by the
Client.

(b) Our Proposal shall be valid and remain binding upon us for the
period of time specified in data sheet (Section 3).

(c) In competing for (and, if the award is made to us, in


executing) the Contract, we undertake to observe the laws against
fraud and corruption, including bribery, in force in the country of the
Client.

(d) Our Proposal is binding upon us and subject to any


modifications resulting from the Contract negotiations.

We undertake, if our Proposal is accepted and the Contract is signed, to


initiate the Services related to the assignment no later than the date indicated in
data sheet (Section 3).
35
We understand that the Client is not bound to accept any Proposal that the
Client receives.

Yours sincerely,

Authorized Signature {In full and initials}:


Name and Title of Signatory:
Name of Consultant (company’s name): ________________________________
In the capacity of:
Email: - ____________________________________________________________
Mobile: _____________________________________________________________
Tele: ______________________________________________________________
Address:
Contact information (phone and e-mail):

36
FORM Tech-2
FIRM’S REFERENCES &
Relevant Services carried out in the last Seven Years

[Using the format below, provide information on each assignment for which your
firm was legally contracted either individually as a corporate entity or firm for
carrying out consulting services similar to the ones requested under this
assignment.]

Only completed projects with copy of proof of experience as available or self-


Certification as required for meeting the minimum qualification criteria prescribed
will be considered.

Projects without the proof of experience from respective client or duly certified by
the bidder will not be considered.

The key parameters like project cost, size, components and nature of assignment
should be clearly reflected in the proof of experience provided by the consultant.
The proof, without the sufficient information necessary for pre-qualification, shall
not be considered.

Firms to submit only those projects which has been executed solely by the firm. No
project executed in association with others will be considered.

The following information should be provided in the format below for each
reference assignment for which your firm was legally contracted by the client:

Assignment Name: Country:

Location within Country: Professional Staff Provided


by your firm:

Name of Client : No. of Staff :

Address : No. of Staff Months :


Start Date Completion Date Value of
(Month / Year) (Month / Year) Services : (in INR/current USD):

No. of Months of Professional


Staff provided by Associated Firm(s)

Status of your Company/Firm in the Assignment i.e., Sole/Lead Member/ Other


Member/Associate: Not allowed with associates.

Narrative Description of Project(including capital project cost, size, components


and nature of assignment) :

37
Description of Actual Services Provided by your Company:

Signature of Authorized Representative


(Certificate from Employer or Self-certification regarding experience should be furnished)

*Note: The date of inviting tender on CPP portal will be the cutoff date for
counting seven preceding years.

38
FORM TECH-3

Approach and Methodology

Description of Approach, Methodology,

Approach and Methodology.{ Please do not repeat/copy the objective


defined in the RFP}The Consultancy Firm should explain understanding of
the objectives of the assignment as outlined in the Background of the
Project and Terms of Reference. The Consultancy Firm should showcase the
approach for streamlining of the scope mentioned in Terms of Reference
and highlighting key activities required to achieve the scope. The
Consultancy Firm should also highlight the methodology to execute the
indicated activities taking into consideration resource requirements and
timelines. The consultant will provide a detailed resource wise work-plan.
The Consultancy Firm need to highlight the technical approach, and the
methodology of the project execution which will be adopted for
implementing the tasks to deliver the expected output(s), and any other
innovative idea related to the design and execution and the degree of detail
of such output. Innovation in approach and methodology to achieve the best
possible results within the timelines will be preferred.

The bidding agencies will be required to make a detailed presentation on


approach and methodology & on case study to the Technical Evaluation
Committee based on the submitted proposal on a specified date as will be
communicated later.

39
FORM TECH-4

FORMAT FOR PROFILES OF FIRM’S CONSULTANTS

Professional Staff
Name Firm Area of No. of years of No. of years of CV of Professional Staff
of Expertise Experience in Experience in enclosed(Yes/No) as per
Staff Public Sector Private Sector Form Tech - 4
Projects Projects

Note: - Details of Associates need not be mentioned.

40
FORM TECH-5

CURRICULUM VITAE (CV)

Position Title and No. {e.g., K-1, TEAM LEADER}


Name of Expert: {Insert full name}
Date of Birth: {day/month/year}
Country of Citizenship/Residence

Education: {List college/university or other specialized education, giving names of


educational institutions, dates attended, degree(s)/diploma(s) obtained}
________________________________________________________________
______
________________________________________________________________
______

Employment record relevant to the assignment: {Starting with present position,


list in reverse order. Please provide dates, name of employing organization, titles
of positions held, types of activities performed and location of the assignment, and
contact information of previous clients and employing organization(s) who can be
contacted for references. Past employment that is not relevant to the assignment
does not need to be included.}

Period Employing organization and your Country Summary of activities


title/position. Contact information performed relevant to
for references the Assignment
[e.g., May [e.g., Ministry of ……,
2005- advisor/consultant to…
present]
For references: Tel…………/e-
mail……; Mr. Hbbbbb, deputy
minister]

Membership in Professional Associations and Publications:


________________________________________________________________
______

Language Skills (indicate only languages in which you can work):


______________
________________________________________________________________
______

Adequacy for the Assignment:

Detailed Tasks Assigned on Reference to Prior Work/Assignments that Best


Consultant’s Team of Experts: Illustrates Capability to Handle the Assigned
Tasks*

41
*Provide separate tables for public sector projects and private sector projects

Expert’s contact information : (e-mail…………………., phone……………)

Certification:
I, the undersigned, certify that to the best of my knowledge and belief, this CV
correctly describes myself, my qualifications, and my experience, and I am
available to undertake the assignment in case of an award. I understand that any
misstatement or misrepresentation described herein may lead to my
disqualification or dismissal by the Client.

Name of expert Signature


Date
{day/month/year}

Name of authorized
Signature
Date
Representative of the Consultancy Firm
(the same who signs the Proposal)

42
Form FIN-1
Financial Proposal Submission Form

New Delhi, .............2025

To:

Ministry of Road Transport and Highways, Govt. of India


Transport Bhawan
1, Parliament Street
New Delhi 110001

Dear Sirs:

We, the undersigned, offer to provide the consulting services


for‘Engagement of consultancy services to assist in the field of Transport Policy,
Motor Vehicle Regulations, Automotive Industry Standards and matters related to
Road Safety.’ Reference No.RT-11036/14/2024-MVL’ in accordance with your Request
for Proposal dated ……………….. and our Technical Proposal.

Our attached Financial Proposal for is for the amount of {Indicate the
corresponding to the amount(s) currency(ies)} {Insert amount(s) in words and
figures}, excluding of all indirect local taxes in accordance with sub-clause 3.8 of
Clause (2) of Section 3. The estimated amount of local indirect taxes is {Insert
currency} {Insert amount in words and figures} which shall be confirmed or
adjusted, if needed, during negotiations. {Please note that all amounts shall be the
same as in Form FIN-2}.

Our Financial Proposal shall be binding upon us subject to the modifications


resulting from Contract negotiations, up to expiration of the validity period of the
Proposal, i.e. before the date indicated in sub-clause 1.11 of Clause (2) of Section
3.

We hereby certify that we have taken steps to ensure that no person acting
for us or on our behalf will engage in bribery. We undertake that, in competing for
(and, if the award is made to us, in executing) the above contract, we will strictly
observe the laws against fraud and corruption in force in India namely “Prevention
of Corruption Act, 1988.

Commissions and gratuities paid or to be paid by us to an agent or any third


party relating to preparation or submission of this Proposal and Contract
execution, paid if we are awarded the Contract, are listed below:

Name and Address Amount and Purpose of Commission


of Agents Currency or Gratuity

43
{If no payments are made or promised, add the following statement: “No
commissions or gratuities have been or are to be paid by us to agents or any third
party relating to this Proposal and Contract execution.

We understand you are not bound to accept any Proposal you receive.

Yours sincerely,

Authorized Signature {In full and initials}:


Name and Title of Signatory:
In the capacity of:
Address:
E-mail: _________________________
Tele:___________________________
Mobile:_________________________

{For a joint venture, either all members shall sign or only the lead
member/consultant, in which case the power of attorney to sign on behalf
of all members shall be attached}

44
Form FIN-2:
SUMMARY OF COSTS
(Not to be submitted with the Technical Bid)

Description of Nature of No. to be Fixed Cost Fixed Cost per month


Consultant employment employed. per man per Amount (In Amount (In
month Rupees) Rupees)
in figure in words
Team Leader Part Time 1
(25%)
Project Full Time 1
Manager (100%)
Senior Project Full Time 4
Associate (100%)
Junior Project Full Time 6
Associate (100%)
Total Fixed Costs of Financial Bid per
month.

45
Section 5. Terms of Reference
Terms of Reference

I. Background of the Project

Transportation plays a crucial role in a nation's development by connecting


people, markets, facilitating access to jobs and essential services. Considering
India is on fast growth trajectory in the coming years, the demand for
transportation across various modes will continue to grow, owing to massive
infrastructure development, rising disposable incomes and need for greater
integration across various regions. India is also a strong advocate of
decarbonization, with its commitments to achieve Net Zero by 2070 and other
climate-related commitments at various global forums.

Road transport has been a preferred form of transportation over the years, both
in movement of passengers as well as of freight. Not only is it a cost effective
mode of transport, its level of penetration and reach in far-flung areas is
unparalleled. Ease of availability as well as customization for specific needs of
individuals make it a dominant mode of transport in a vast country like India. In
recent years, great emphasis has been laid on upgrading the road transport sector
to offer environment-friendly and fuel-efficient mobility solutions.

The Ministry of Road Transport and Highways, as the central regulator for road
transport sector in India, is responsible for framing of rules, regulations, policies,
etc. to enable the road-based mobility across the country.

For the road transport sector to be future-ready, an assessment of the present


challenges confronting the sector is required. The future-ready transportation
system would be centered around sustainability, digitization, safety, affordability,
etc. With various new developments and technological advancements in the
automotive industry, several new possibilities and opportunities for improving road
transport arise. It also brings about new set of challenges for the regulatory
authorities in order to provide an environment which facilitates the development
of cleaner, affordable and sustainable solutions. It is also important to further
align our standards with global standards, especially from the perspective of

46
improving road safety. Additionally, there are several ongoing initiatives which
have been taken under Motor Vehicles Act, 1988 or Central Motor Vehicles Rules,
1989 which need to be aligned with the latest technological and socio-economic
developments.

II. Scope of Work:

To bring about innovation in the road transport sector and adopt global best
practices to meet the needs of the citizens in line with the vision of Viksit Bharat,
consultancy services would be required for following scope of work:

i. Provide advisory support for development of strategic measures to drive


reforms in road-based mobility.

ii. Prepare policies including but not limited concept papers, scheme
documents, Tender documents, etc., for various technological interventions
such as Intelligent Transport System and Integrated Command and Control
Centers, etc.

iii. Analysis of issues raised by transport associations, State Governments,


industry etc. and evolve solutions to address the same.

iv. Provide policy inputs for linking of road transport to other means of
transport.

v. Identification of priorities for the road transport system to address current


and future challenges

vi. Study global best practices to enhance private participation and public-
private partnership in the road transport sector.

vii. Review, assessment and monitoring of Voluntary Vehicle Modernization


programme and identification of reforms required to streamline the same to
improve its penetration at national level.

viii. Review of National Permit ecosystem and identification of reforms required


to streamline the same to improve ease of doing business.

47
ix. Assessment of ongoing initiatives to improve road transport, including
identification of gaps in various thematic areas and measures to overcome
the same.

x. Formulation of a roadmap for rejuvenation of the State Road Transport


Corporations, including transition to green mobility.

xi. Framing of a model ESG policy for adoption by State Road Transport
Corporation.

xii. Critical analysis of outcomes of ongoing scheme for ITS adoption.

xiii. Development of action plan, policies, schemes, etc., to increase


penetration of technology in bus-based public transport and to create a
national level platform for data-based decision making.

xiv. Recommend measures for improving ease of doing business for key transport
entities such as operators, aggregators, etc.

xv. Evolve ways of improving the transport-related services being offered to


citizens, businesses, other stakeholders on Vahan and Sarathi.

xvi. Knowledge inputs and data analysis related to rules and regulations being
formulated by MoRTH under MV Act, 1988 for promoting ease of mobility of
citizens.

xvii. Policy inputs for formulation and implementation of schemes mandated


under MV Act, 1988.

xviii. Evolve ways of improving the coverage of BH series registration mark.

xix. Development of implementation plan for achieving 100% coverage of motor


third party insurance among registered motor vehicles.

xx. Review of international conventions, treaties, agreements etc. to which


India is a signatory and recommend measures for adoption.

xxi. Study global best practices in vehicle manufacturing and recommend


measures to be taken to adopt environmentally sustainable practices.

48
xxii. Evaluation of standards to remove bottlenecks in uptake of alternate fuel
vehicles and to strengthen the safety elements in vehicles.

xxiii. Roadmap for adoption of next generation standards for vehicular emissions
and fuel efficiency norms.

xxiv. Review of standards and specifications for different categories / use cases
of electric vehicles and recommend action points to align them with global
standards.

xxv. Analysis of outcomes of pilot projects for feasibility analysis of various types
of Zero Emission Vehicles.

xxvi. Evolving a mechanism to monitor the reduction in emissions based on


various initiatives of MoRTH towards decarbonization.

xxvii. Propose measures to be undertaken to inculcate road safety among road


users and to improve driver behavior.

xxviii. Propose measures towards reduction of road accident fatalities as per India's
global commitments.

xxix. Functioning and implementation of eDAR application and creating AI-based


applications to derive meaningful data for decision-making.

xxx. Electronic Monitoring & its implementation for Road Safety.

xxxi. Monitoring, evaluation, reporting obligations on all aspects, impact


assessment and coordination with various stakeholders.

xxxii. Work related to the Supreme Court Committee on Road Safety, National
Road Safety Board, National Road Safety Council, District Road Safety
Committee, etc including parameter-based evaluation of the work of the
District Road Safety Committees.

xxxiii. Provide support to MoRTH on any relevant issues concerning implementation


of recommendations which may be identified during the course of the
assignment.

xxxiv. Any other related work assigned pertaining to Central Government,


including but not limited to inputs in respect of PGs, RTIs, Cabinet Notes,

49
Parliament Questions, Assurances, Parliamentary Committee matters, Court
Cases, CMVR_TSC, AIS, International/ECE forums, draft paras, budgetary
provisions, preparation of DPR, analysis of data, etc.

xxxv. Sub-consultancy is permitted based on specific requirement of the contract


as decided by Ministry.

III. Team Composition: The team of professional should have exposures in various
fields of infrastructure development projects, Public Transportation, Motor vehicle
regulations, Automobile Sector, Road Safety Projects, detailed knowledge of
financing of infrastructure projects and arranging of private equity, and should
have knowledge of various initiatives taken by the Government on infrastructure
projects. The details of position required for the project and their qualification
and experience placed below:

Sr. Position Minimum qualifications


No.
a. MBA/Postgraduate diploma in management from an
1. Team
Institution recognized by AICTE/NAAC or affiliated to an
Leader
Indian/ global University of repute;

Desirable: Degree from any of Top 50 universities/ colleges in


NIRF Ranking 2024 with minimum average grade of 75% across
undergraduate and post-graduate education

b. Fifteen years of professional experience-

(a) Experience on fields related to infrastructure development,


motor vehicle regulations, operations and management related to
transport/Road Safety.
(b) Experience in planning for short, medium and long term
policies related to Traffic management, intelligent transport
system, electronic enforcement of law and road safety, last mile
connectivity and improvement in public transport for facilitating
Divyangjan and senior citizen.
Desirable: At least two completed assignment as a Project
Manager under Ministry/Department under Government of
India/State and knowledge of Motor Vehicle Law.
1. MBA/Post graduate from an Institution recognized by
2. Project
AICTE/NAAC or affiliated to an Indian/ global University of
Manager
repute;

50
Desirable: Degree from any of Top 50 universities/ colleges in NIRF
Ranking 2024 with minimum average grade of 75% across
undergraduate and post-graduate education
2. Six years of professional experience-
(a) Experience on fields related to infrastructure development,
motor vehicle regulations, operations and management related to
transport/Road Safety.
(b) Experience in program management of large scale
transformation program in Government/ PSUs, related to Traffic
management, intelligent transport system, electronic
enforcement of law and road safety, last mile connectivity and
improvement in public transport for facilitating Divyangjan and
senior citizen.
Desirable: At least one completed assignment as a Project
Manager under Ministry/Department under Government of
India/State and knowledge of Motor Vehicle Law.
3. Senior 1. MBA/Post graduate from an Institution recognized by
Project AICTE/NAAC or affiliated to an Indian/ global University of
Associate repute;
Desirable: Degree from any of Top 50 universities/ colleges in
NIRF Ranking 2024 with minimum average grade of 75% across
undergraduate and post-graduate education
2. Three years’ experience in program management of large
scale transformation programs with public/private sector
companies/agencies in India or globally.
MoRTH has right for their replacement, if considered necessary.
4. Junior Graduate in Engineering from an Institution recognized by
Project
Associate AICTE/NAAC or affiliated to an Indian/ global University of
repute;
Desirable: Degree from any of Top 50 universities/ colleges in
NIRF Ranking 2024 with minimum average grade of 75% across
undergraduate education
MoRTH has right for their replacement, if considered necessary.

IV. Other Terms and Conditions

v. All Resources will be engaged through consultancy firm on full time/Part


time basis in MoRTH.

51
vi. Under Secretary (MVL) will be the Coordinating Officer. The team will be
reporting to the Director (MVL) and respective Nodal Officers.
vii. The Consultancy contract will be initially for a period of two years which
may be extended, if required, for a further period of two years on yearly
basis on the same terms & conditions depending upon the progress of the
assignment.
viii. The number of resources may be increased or decreased as per the
requirement of the Ministry of Road Transport and Highways on the same
terms and conditions at a cost as disclosed by the bidder. The bidder must
ensure the availability of the required resources within 15 days of the raised
requirement.
ix. The consultancy firm shall make available senior backstopping experts for
supervision, monitoring and quality assurance of the services from home
office, which may also support Project Manager/ Senior Project Associate in
case of bottleneck situations and/or substitute Project Manager /Senior
Project Associate short-time non-availabilities.

V. Key Deliverables and Timelines

The time schedule for various submissions prescribed above shall be strictly
adhered to. No time overrun in respect of these submissions will normally be
permitted. Consultancy Firm is advised to go through the entire terms of reference
carefully and plan his work method in such a manner that various activities
followed by respective submissions as brought out above are completed as
stipulated:

S. Deliverables Timeframe
No. (from Project
kick off)
1 Inception Report 15 Days
Annual Action plan to be submitted for approval covering all
recommendations of all project studies and methodology to
achieve its implementation.
2 Monthly Progress report on achievement of each Every Month
recommendation with methodology to achieve balance work
3 Report 2: 3 Months

Recommendation on existing status and current progress


Report depicting the methodology, variances if any, timelines
and work plan for the assignment
4 Report 3: Every 2 Months
Identified Road blocks to implementation and action plan to
overcome the same
5 Periodic report on overall work 12 Months
6 Final Report submission on overall work 24 Months

52
VI. Component of Financial Cost:
i. The bidders are required to submit only fixed amount of
monthly remuneration of each associate which should include
all social cost and all other statutory obligations arising out of
their employment, no other cost expect stated below will be
considered The Remuneration cost should be all inclusive.
ii. All the resources are required to work at the premises of the
client.
iii. The resources will be provided the working space at the client
location.
iv. In case the Personnel are required to travel outside NCR, the
travel, boarding and lodging expenses would be reimbursed as
per the rules applicable for MoRTH official at the level of
Under Secretary.
v. The consultancy firm has to provide any additional resource, if
required, at bid rate for the required period. Further, if during
the project assignment it is found that the tasks assigned to
any Resource are completed and further services are not
required, the said Resource may be relieved.
vi. An escalation of 3% per annum will be applicable for the
subsequent year(s) of the services in case it is mutually agreed
to extend the services.

53
Contract for Consultancy Services

Lump-Sum

Project Name:

‘Engagement of consultancy services to assist in the field of Transport Policy, Motor

Vehicle Regulations, Automotive Industry Standards and matters related to Road

Safety.’

Reference No.RT-11036/14/2024-MVL

Contract No.____________________________

between

Ministry of Road Transport & Highways, Government of India

and

[Name of the Consultant]

Dated:

54
Form of Contract Agreement

This CONTRACT (hereinafter called the "Contract") is made the ____________ day of the
month of _________________ , 2025, between, on the one hand, Ministry of Road
Transport and Highways, Government of India (hereinafter called the "Client", or
"MoRTH") and, on the other hand, (hereinafter called the "Consultancy Firm").

WHEREAS
a. MoRTH has requested the Consultancy firm to provide certain
consulting services as defined in this Contract (hereinafter called
the "Services");
b. the Consultancy firm, having represented to MoRTH that it has the
required professional skills, expertise and technical resources, has
agreed to provide the Services on the terms and conditions set forth
in this Contract;

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an integral part of
this Contract:
a. The General Conditions of Contract;
b. The Special Conditions of Contract;
c. Appendices:
Appendix A: Terms of Reference
Appendix B: Domain Consultant
Appendix C: Remuneration Cost Estimates

In the event of any inconsistency between the documents, the following order of
precedence shall prevail: The Special Conditions of Contract; the General
Conditions of Contract, including Appendix A; Appendix B and Appendix C. Any
reference to this Contract shall include, where the context permits, a reference to
its Appendices.

2. The mutual rights and obligations of MoRTH and the Consultancy firm shall be as set
forth in the Contract, in particular:
a. the Consultancy firm shall carry out the services in accordance
with the provisions of the Contract; and
b. MoRTH shall make payments to the Consultancy firm in accordance
with the provisions of the Contract.

55
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in
their respective names as of the day and year first above written.

For and on behalf of Ministry of Road Transport and Highways Government


of India

For and on behalf of

56
GENERAL CONDITIONS OF CONTRACT
A. GENERAL PROVISIONS

1. 1.1. Unless the context otherwise requires, the


Definitions following terms whenever used in this Contract have
the following meanings:
a. "Applicable Law" means the laws and any
other instruments having the force of law in
India,
b. “Associate” means such person of the
Consultancy firm responsible for
coordinating the project activities for the
specified Division of the Ministry.
c. "Client" means Ministry of Road Transport
and Highways (MoRTH)
d. "Consultancy Firm” means a legally-
established professional consulting firm or
entity selected by MoRTH to provide the
services under the signed Contract.
e. "Contract" means the legally binding
written agreement signed between MoRTH
and the Consultant and which includes all
the attached documents listed in its
paragraph 1 of the Form of Contract (the
General Conditions (GCC), the Special
Conditions (SCC), and the Appendices).
f. "Day" means a working day unless indicated
otherwise.
g. "Effective Date" means the date on which
this Contract comes into force and effect
pursuant to Clause GCC 10.
h. "Experts" means, collectively, domain
Experts of the Consultant or Sub-consultant
to perform the Services or any part thereof
under the Contract.
i. "GCC" mean these General Conditions of
Contract.
j. "Government" means the Government of
India.
k. "Party" means MoRTH or the Consultancy
firm, as the case may be, and "Parties"
means both of them.
l. “Project Manager” means the person in

57
overall charge of the planning and
execution of a particular project.
m. "SCC" means the Special Conditions of
Contract by which the GCC may be
amended or supplemented but not over-
written.
n. "Services" means the work to be performed by
the Consultant pursuant to this Contract, as
described in Appendix A hereto.
o. “Team Leader” means an entity that may
provide expertise services and monitor the
services of the resources.
p. "Third Party" means any person or entity
other than the Government, MoRTH, the
Consultant or a Sub-consultant.

2. Relationship 2.1. Nothing contained herein shall be construed as


establishing a relationship of master and servant or of
principal and agent as Parties between MoRTH and the
Consultancy Firm.
3. Law Governing 3.1. This Contract, its meaning and interpretation,
and the Contract relation between the Parties shall be
governed by the Applicable Law.
4. Language 4.1. This Contract has been executed in English
language and shall be the binding and controlling
language for all matters relating to the meaning or
interpretation of this Contract.
5. Headings 5.1. The headings shall not limit, alter or affect the
meaning of this Contract.

6. 6.1. Any communication required or permitted to be


Communications given or made pursuant to this Contract shall be in
writing in the language specified in Clause GCC 4. Any
such notice, request or consent shall be deemed to
have been given or made when delivered in person to
an authorized representative of the Party to whom the
communication is addressed, or when sent to such
Party at the address specified in the SCC.

6.2. A Party may change its address for notice


hereunder by giving the other Party any communication
of such change to the address specified in the SCC.

58
7. Location 7.1. The services shall be performed at Ministry of Road
Transport and Highways, Transport Bhawan, 1, Sansad
Marg, New Delhi or elsewhere, as MoRTH may approve.
8. Authorized 8.1 Any action required or permitted to be taken, and
any Representative’s document required or permitted to
be executed under this Contract by MoRTH or the
Consultancy Firm may be taken or executed by the
officials specified in the SCC.

9.Corrupt and 9.1 It is the MoRTH’s policy that its consultants and
Fraudulent their agents (whether declared or not), personnel, sub-
Practices contractors, sub-consultants, service providers and
suppliers, observe the highest standard of ethics during
the selection and execution of such contracts.

B. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF


CONTRACT

10. Performance The successful bidder, to whom the contract will be


Security awarded, is required to submit five (5) per cent of the
value of the contract as specified in the bid documents,
as Performance Security. Performance security may be
furnished in the form of account payee demand draft,
fixed deposit receipt from a commercial bank and bank
guarantee issued/confirmed from any of the commercial
bank in India.

Performance Security is to be furnished within 14 days


after notification of the award and it should remain valid
for a period of 60 (sixty) days beyond the date of
completion of all contractual obligations of the supplier,
including warranty obligations.
The performance security will be forfeited and credited
to the procuring entity’s account in the event of a breach
of contract by the contractor. It will be refunded to the
contractor without interest, after he duly performs and
completes the contract in all respects but not later than
60(sixty) days of completion of all such obligations
including the warranty under the contract.
10(A) Effectiveness of 10(A).1 This Contract shall come into force and effect
Contract on the date (the “Effective Date”) of the MoRTH’s
notice to the Consultant instructing the Consultancy
Firm to begin carrying out the services. This notice
shall confirm that the effectiveness conditions, if any,
listed in SCC have been met.

59
11. Termination of 11.1 If this Contract has not become effective within
Contract for Failure to such time period after the date of Contract signature
Become Effective
as specified in the SCC, either Party may, by not less
than thirty (30) days written notice to the other
Party, declare this Contract to be null and void, and
in the event of such a declaration by either Party,
neither Party shall have any claim against the other
Party with respect hereto.
12. Commencement of 12.1 The Consultancy Firm shall confirm availability
Services of personnel and begin carrying out the services not
later than the number of days after the effective
date specified in the SCC.
13. Expiration of 13.1. Unless terminated earlier pursuant to Clause GCC
Contract period after 19 hereof, this Contract shall expire at the end of such
the Effective Date
time as specified in the SCC.

14. Entire Agreement 14.1. This Contract contains all covenants,


stipulations and provisions agreed by the Parties. No
agent or representative of either Party has authority
to make, and the Parties shall not be bound by or be
liable for, any statement, representation, promise or
agreement not set forth herein.
15.Modifications or 15.1. Any modification or variation of the terms and
Variation condition of this Contract, including any modification
or Variations of the scope of the Services, may only
be made by written agreement between the Parties.
However, each Party shall give due consideration to
any proposals for modification or variation made by
the other Party.
16. Force Majeure
(a) Definition 16.1. For the purposes of this Contract, "Force
Majeure" means an event which is beyond the
reasonable control of a Party, is not foreseeable, is
unavoidable, and makes a Party's performance of its
obligations hereunder impossible or so impractical as
reasonably to be considered impossible under the
circumstances, and subject to those requirements,
includes, but is not limited to, war, riots, civil
disorder, earthquake, fire, explosion, storm, flood or
other adverse weather conditions, strikes, lockouts or
other industrial action confiscation or any other
action by Government agencies.
16.2. Force Majeure shall not include (i) any event
which is caused by the negligence or intentional
action of a Party or such Party's Experts, or agents or
employees, nor (ii) any event which a diligent Party
could reasonably have been expected to both take
into account at the time of the conclusion of this
Contract, and avoid or overcome in the carrying out

60
of its obligations hereunder.
16.3. Force Majeure shall not include insufficiency of
funds or failure to make any payment required
hereunder.
(b) No Breach of 16.4. The failure of a Party to fulfill any of its
Contract obligations hereunder shall not be considered to be a
breach of, or default under, this Contract insofar as
such inability arises from an event of Force Majeure,
provided that the Party affected by such an event has
taken all reasonable precautions, due care and
reasonable alternative measures, all with the
objective of carrying out the terms and conditions of
this Contract.
(c) Measures to be 16.5. A Party affected by an event of Force Majeure
Taken shall continue to perform its obligations under the
Contract as far as is reasonably practical, and shall
take all reasonable measures to minimize the
consequences of any event of Force Majeure.

16.6. A Party affected by an event of Force Majeure


shall notify the other Party of such event as soon as
possible, and in any case not later than fourteen (14)
calendar days following the occurrence of such
event, providing evidence of the nature and cause of
such event, and shall similarly give written notice of
the restoration of normal conditions as soon as
possible.

16.7. Any period within which a Party shall, pursuant


to this Contract, complete any action or task, shall
be extended for a period equal to the time during
which such Party was unable to perform such action
as a result of Force Majeure.

16.8. During the period of their inability to perform


the Services as a result of an event of Force Majeure,
the Consultancy firm, upon instructions by MoRTH,
shall either:

(a) demobilize, in which case the Consultancy shall


be reimbursed for additional costs they reasonably
and necessarily incurred, and, if required by MoRTH,
in reactivating the Services; or

(b) continue with the Services to the extent


reasonably possible, in which case the Consultancy
Firm shall continue to be paid under the terms of this
Contract and be reimbursed for additional costs
reasonably and necessarily incurred.

61
16.9. In the case of disagreement between the
Parties as to the existence or extent of Force
Majeure, the matter shall be settled according to
Clauses GCC 45 &46.
17. Suspension 17.1. MoRTH may, by written notice of suspension to
the Consultancy Firm, suspend all payments to the
Consultancy Firm hereunder, if the Consultancy Firm
fails to perform any of its obligations under this
Contract, including the carrying out of the Services,
provided that such notice of suspension.
(i) shall specify the nature of the failure; and
(ii) shall request the Consultancy to remedy such
failure;

within a period not exceeding thirty (30) calendar


days after receipt by the Consultancy of such notice
of suspension.
18. Termination 18.1. This Contract may be terminated by either
Party as per provisions set up below:

(a) By the MoRTH MoRTH may terminate this contract in case of the
occurrence of any of the events specified in
paragraphs (a) through (f) of this clause. In such
occurrence MoRTH shall give at least thirty (30)
calendar days' written notice of termination to the
Consultancy in case of the events referred to in (a)
through (d); at least sixty (60) calendar days' written
notice in case of the event referred to in (e); and at
least five (5) calendar days' written notice in case of
the event referred to in (f):

(a) If the Consultancy Firm fails to remedy a failure


in the performance of its obligations hereunder, as
specified in a notice of suspension pursuant to Clause
GCC 17;

(b) If the Consultancy Firm becomes (or, if the


Consultancy Firm consists of more than one entity, if
any of its members becomes) insolvent or bankrupt or
enter into any agreements with their creditors for
relief of debt or take advantage of any law for the
benefit of debtors or go into liquidation or
receivership whether compulsory or voluntary;

(c) If the Consultancy Firm fails to comply with any


final decision reached as a result of arbitration
proceedings pursuant to Clause GCC 46.1;

62
(d) If, as the result of Force Majeure, the Consultancy
is unable to perform a material portion of the
Services for a period of not less than sixty (60)
calendar days;

(e) If MoRTH, in its sole discretion and for any reason


whatsoever, decides to terminate this Contract;

(f) If the Consultancy Firm fails to confirm


availability of Key Experts as required in Clause GCC
12.

18.2 Furthermore, if MoRTH determines that the


Consultancy Firm has engaged in corrupt, fraudulent,
collusive, coercive or obstructive practices, in
competing for or in executing the Contract, then
MoRTH may, after giving fourteen (14) calendar days
written notice to the Consultancy Firm, terminate
the Consultant's employment under the Contract.

(b) By the 18.1.3 The Consultancy Firm may terminate this


Consultant Contract, by not less than thirty (30) calendar days'
written notice to MoRTH, in case of the occurrence of
any of the events specified in paragraphs (a) through
(d) of this Clause.

(a) If MoRTH fails to pay any money due to the


Consultancy Firm pursuant to this Contract and not
subject to dispute pursuant to Clauses GCC 46.1
within forty-five (45) calendar days after receiving
written notice from the Consultancy Firm that such
payment is overdue.

(b) If, as the result of Force Majeure, the


Consultancy Firm is unable to perform a material
portion of the Services for a period of not less than
sixty (60) calendar days.

(c) If MoRTH fails to comply with any final decision


reached as a result of arbitration pursuant to Clause
GCC 46.1.

(d) If MoRTH is in material breach of its obligations


pursuant to this Contract and has not remedied the
same within forty-five (45) days (or such longer
period as the Consultancy Firm may have
subsequently approved in writing) following the
receipt by MoRTH of the Consultancy Firm's notice
specifying such breach.

63
(c) Cessation of Rights 18.1.4 Upon termination of this Contract pursuant to
and Obligations Clauses GCC 12 or GCC 18 hereof, or upon expiration of
this Contract pursuant to Clause GCC 13, all rights and
obligations of the Parties hereunder shall cease, except

(i) such rights and obligations as may have accrued on the


date of termination or expiration;

(ii) the obligation of confidentiality set forth in Clause GCC


21;

(iii) the Consultancy Firm's obligation to permit


inspection, copying and auditing of their accounts and
records set forth in Clause GCC 24, and
(iv) Any right which a Party may have under the Applicable
Law.
(d) Cessation of Services 18.1.5 Upon termination of this Contract by notice of
either Party to the other pursuant to Clauses GCC 18a or
GCC 18b, the Consultancy firm shall, immediately upon
dispatch or receipt of such notice, take all necessary steps
to bring the Services to a close in a prompt and orderly
manner and shall make every reasonable effort to keep
expenditures for this purpose to a minimum. With respect
to documents prepared by the Consultancy Firm and
equipment and materials furnished by MoRTH, the
Consultancy Firm shall proceed as provided,
respectively, by Clauses GCC 27 or GCC 28.
(e) Payment upon 18.1.6 Upon termination of this Contract, MoRTH shall
Termination make the following payments to the Consultancy Firm:
(a) remuneration for Services satisfactorily performed prior
to the effective date of termination, and reimbursable
expenditures for expenditures actually incurred prior to
the effective date of termination; and pursuant to Clause
GCC 40;

(b) in the case of termination pursuant to paragraphs (d)


and (e) of Clause GCC 18.1, reimbursement of any
reasonable cost incidental to the prompt and orderly
termination of this Contract, including the cost of the
return travel of the Experts.

C. OBLIGATIONS OF THE CONSULTANT

64
19. General.
(a) Standard of 19.1 The Consultancy Firm shall perform the services and
Performance carry out the Services with all due diligence, efficiency and
economy, in accordance with generally accepted
professional standards and practices, and shall observe
sound management practices, and employ appropriate
technology and safe and effective equipment, machinery,
materials and methods. The Consultancy Firm shall
always act, in respect of any matter relating to this
Contract or to the services, as a faithful adviser to MoRTH,
and shall at all times support and safeguard MoRTH’s
legitimate interests in any dealings with the third parties.
20.Conflict Interests 20.1 The Consultancy Firm shall hold MoRTH’s
interests paramount, without any consideration for
future work, and strictly avoid conflict with other
assignments or their own corporate interests.

In case, the Team identifies a situation of Conflict of


Interest or potential Conflict of Interest, it would
promptly inform the nodal officer appointed and await
for directions.
(a) Consultancy Firm 20.1.1 The payment of the Consultancy Firm
Not to Benefit from pursuant to GCC F (Clauses GCC 39 through 43) shall
Commissions, constitute the Consultant's only payment in connection
Discounts, etc. with this Contract and, subject to Clause GCC 20.1.3,
the Consultancy Firm shall not accept for its own
benefit any trade commission, discount or similar
payment in connection with activities pursuant to this
Contract or in the discharge of its obligations
hereunder, and the Consultancy Firm shall use its best
efforts to ensure that any Sub-consultants, as well as
the Experts and agents of either of them, similarly shall
not receive any such additional payment.
(b) Consultancy Firm
20.1.2 The Consultancy Firm agrees that, during the
and Affiliates Not to
term of this Contract and after its termination, the
Engage in Certain
Consultancy Firm and any entity affiliated with the
Activities
Consultancy Firm, as well as any Sub-consultancy and
any entity affiliated with such Sub-consultants, shall be
disqualified from providing goods, works or non-
consulting services resulting from or directly related to
the Consultancy Firm's services for the preparation or
implementation of the project, unless otherwise
indicated in the SCC.

65
(c) Prohibition of 20.1.3 The Consultancy Firm shall not engage, and
Conflicting shall cause its Experts as well as its Sub-consultants not
Activities to engage, either directly or indirectly, in any business
or professional activities that would conflict with the
activities assigned to them under this Contract.
(d) Strict Duty to
20.1.4 The Consultancy Firm has an obligation and
Disclose Conflicting shall ensure that its Resources/Experts and Sub-
Activities consultants shall have an obligation to disclose any
situation of actual or potential conflict that impacts
their capacity to serve the best interest of MoRTH, or
that may reasonably be perceived as having this effect.
Failure to disclose said situations may lead to the
disqualification of the Consultancy Firm or the
termination of its Contract.

21. Confidentiality 21.1 Except with the prior written consent of MoRTH,
the Consultancy Firm and the Experts shall not at any
time communicate to any person or entity any
confidential information acquired in the course of the
Services, nor shall the Consultancy Firm and the
Experts make public the recommendations formulated
in the course of, or as a result of, the Services.
22. Liability of the 22.1 Subject to additional provisions, if any, set forth
Consultancy Firm in the SCC, the Consultant's liability under this Contract
shall be as determined under the Applicable Law.
23. Insurance to be 23.1 The Consultancy Firm shall take out and maintain
Taken out by the at its own cost but on terms and conditions approved
Consultancy Firm by MoRTH, insurance against the risk.

24. Accounting,
24.1 The Consultancy Firm shall keep, and shall make
Inspection and all reasonable efforts to cause its Sub-consultants to
Auditing keep, accurate and systematic accounts and records in
respect of the Services in such form and detail as will
clearly identify relevant time changes and costs for the
period of one year after the completion/termination of
the services.
24.2 The Consultancy Firm shall permit, MoRTH and/or
persons appointed by MoRTH to all accounts and
records relating to the performance of the Contract
and the submission of the Proposal to provide the
Services, and to have such accounts and records
audited by auditors appointed by MoRTH, if requested
by MoRTH.

66
25.Reporting 25.1 The Consultancy Firm shall submit to MoRTH the
Obligations and reports specified in Appendix A, in the form, in the
documents numbers and within the time period set forth in the
said Appendix.
26.Role of the
26.1 The Team will work under Additional/Joint
Consultancy Firm Secretary (Transport) or an officer designated by him.
The Client agrees that the Team role will be only
assistance /advisory in nature and it will not hold any
management position and will not be required to make
any management decisions. The team will provide
support to MoRTH on any aspect related to the field of
studies. The Client is responsible for determining that
the scope and quality of the Team' work is sufficient
and appropriate for its needs. Nothing in this
engagement letter will make the Team Members the
Client's employees.
26.2 While the Team will work in a professional manner
the work performed by the Team will not result in the
issuance of any written or oral communications by
Consultancy Firm to the Client. In few instances, on
specific directions from AS/JS (Transport) to the Team
to obtain an advice from the Consulting Firm, the same
shall be agreed separately. Such advice / report would
be subject to the Consulting Firm's internal reviews and
approval process and would be issued only by the
authorized signatory of the firm.
27. Proprietary
27.1 Unless otherwise indicated in the SCC, all reports
Rights of MoRTH in and relevant data and information such as maps,
Reports and Records diagrams, plans, databases, other documents and
software, supporting records or material compiled or
prepared by the Consultant for MoRTH in the course of
the Services shall be confidential and become and
remain the absolute property of MoRTH. The
Consultancy Firm shall, not later than upon
termination or expiration of this Contract, deliver all
such documents to MoRTH, together with a detailed
inventory thereof.

28.Equipment, 28.1 Equipment, vehicles and materials made available


vehicles and to the Consultancy Firm by MoRTH, or purchased by
materials the Consultancy Firm wholly or partly with funds
provided by MoRTH, shall be the property of MoRTH and
shall be marked accordingly. Upon termination or
expiration of this Contract, the Consultancy Firm shall
make available to MoRTH an inventory of such

67
equipment, vehicles and materials and shall dispose of
such equipment, vehicles and materials in accordance
with the MoRTH's instructions. While in possession of
such equipment, vehicles and materials, the
Consultancy Firm, unless otherwise instructed by
MoRTH in writing, shall insure them at the expense of
MoRTH in an amount equal to their full replacement
value.

D. RESOURCES, EXPERTS AND SUB-CONSULTANTS, if applicable

29. Description of Key 29.1 The agreed job description, and time-input
Experts estimates to carry out the services of each of the
Resources/Key Experts are described in Appendix B.
29.2 If additional work is required beyond the scope
of the Services specified in Appendix A, the number
of resources/expert may be increased by agreement
in writing between MoRTH and the Consultancy
Firm. In case where payments under this Contract
exceed the ceilings set forth in Clause GCC 39.1,
the Parties shall sign a Contract amendment.
30. Replacement of Key 30.1 In case notice to commence services is given,
Experts/Associate MoRTH expects all the Key Personnel specified in
the Proposal to be available during implementation
of the Agreement. MoRTH will not consider any
substitution of Associate except under compelling
circumstances beyond the control of the
Consultancy Firm and the concerned personnel.
Such substitution shall be limited to not more than
three Key Personnel per year subject to equal or
better (qualification and experience) personnel
being provided to the satisfaction of MoRTH.
30.2 Replacement of the Team Leader and Project
Manager, Associates will not normally be considered
and may lead to disqualification of the applicant or
termination of the Agreement. Only under
exceptional circumstances like resignation/death,
etc., replacement of the Team Leader and Project
Manager will be considered.

68
30.3 Replacement of Senior Associate/ Junior
Associate shall be permitted subject to reduction of
the specified remuneration by 5% for a period of
three months replacement of such an Associate.
30.4 If the consultancy firm finds that any of the
personnel had made false representation regarding
his qualification and experience, he may request
MoRTH for replacement of the personnel. There
shall be no reduction in remuneration for such
replacement. The replacement shall however be of
equal or better score. The personnel so replaced
shall be debarred from future projects for 2 years.
31. Approval of 31.1 If during execution of the Contract, additional
Additional Domain Resources/Associates are required to carry out the
Consultant /Associate Services, the Consultancy firm shall submit to
MoRTH for review and approval a copy of their
Curricula Vitae (CVs). The rate of remuneration
payable to such additional resource/expert shall be
based on the rates for other positions which require
similar qualifications and experience as specified in
SCC.

32. Removal of Experts 32.1 If MoRTH finds that any of


or Resources/Associates the Resources/Associate (i) has committed serious
misconduct or has been charged with having
committed a criminal action, or (ii) has reasonable
ground to be dissatisfied with the performance of
any of the Personnel, then the Consultant shall, at
MORTH’s written request specifying the grounds
therefore, forthwith provide a replacement with
qualifications and experience acceptable to MoRTH.
For such replacement, there will be no reduction in
remuneration.
33. Replacement/ 33.1 Except MoRTH may otherwise agree, (i) the
Removal of Experts- Consultancy firm shall bear all additional travel and
other costs arising out of or incidental to any
removal and/or replacement.
Impact on Payments

69
34. Working Hours, 34.1 Working hours and holidays for Associate are
Overtime, Leave, etc.
set forth in Appendix B.
34.2 The Associate shall not be entitled to be paid
for overtime nor to take paid sick leave or vacation
leave except as specified in Appendix B, and the
Consultant's/Associate remuneration shall be
deemed to cover these items.
34.3 Any taking of leave by Associate shall be
subject to the prior approval by the Consultancy
firm who shall ensure that absence for leave
purposes will not delay the progress and or impact
adequate supervision of the Services.

E. OBLIGATIONS OF MORTH

35. Assistance and


35.1 Unless otherwise specified in the SCC, MoRTH shall use
Exemptions
its best efforts to:
a. Provide the personnel a suitable work place within
MORTH with basic amenities including internet access
as shall be necessary to enable the personnel to
perform the Services.
b. Issue to officials, agents and representatives of the
Government all such instructions and information as
may be necessary or appropriate for the prompt and
effective implementation of the Services.
Provide to the resource(s) any such other assistance as may
be specified in the SCC.
36. Change in the
36.1 If, after the date of this Contract, there is any change
Applicable Law
in the applicable law in India with respect to taxes and
Related to Taxes
duties which increases or decreases the cost incurred by
and Duties
the Consultancy firm in performing the Services, then the
remuneration and reimbursable expenses otherwise
payable to the Consultancy firm under this Contract shall
be increased or decreased accordingly by agreement
between the Parties hereto, and corresponding
adjustments shall be made to the ceiling amounts specified
in Clause GCC 39.1.
37. Services,
37.1 MoRTH shall make available to the Resources/Experts,
Facilities and

70
Property of for the purposes of the Services and free of any charge, the
MORTH services, facilities and property described in the Terms of
Reference (Appendix A) at the times and in the manner
specified in said Appendix A.
37.2 In case that such services, facilities and property shall
not be made available to the Resources as and when
specified in Appendix A, the Parties shall agree on (i) any
time extension that it may be appropriate to grant to the
Consultancy firm for the performance of the Services, (ii)
the manner in which the Consultancy firm shall procure any
such services, facilities and property from other sources,
and (iii) the additional payments, if any, to be made to the
Consultancy Firm as a result thereof pursuant to Clause
GCC 39.3.
38. Payment
38.1 In consideration of the Services performed by the
Obligation
Consultancy firm under this Contract, MoRTH shall make
such payments to the Consultancy firm and in such manner
as is provided by GCC F below.

F. PAYMENTS TO THE CONSULTANT

39. Ceiling Amount


39.1 An estimate of the cost of the Services is set forth in
Appendix C (Remuneration).
39.2 Payments under this Contract shall not exceed the ceilings
specified in the SCC.
39.3 For any payments in excess of the ceilings specified in
GCC 39.2, an amendment to the Contract shall be signed by
the Parties referring to the provision of this Contract that
evokes such amendment.
40. Remuneration
40.1 MoRTH shall pay to the Consultancy firm (i)
and Reimbursable
remuneration agreed for each Resource/Associate; and (ii)
Expenses
reimbursable expenses that are actually and reasonably
incurred by the Consultancy firm in the performance of the
Services.
40.2 All payments shall be at the rates set forth in Appendix C.
40.3 Unless the SCC provides for the price adjustment of the
remuneration rates, said remuneration shall be fixed for the
duration of the Contract.
40.4 The remuneration rates shall cover: (i) such salaries

71
and allowances as the Consultancy Firm shall have agreed to
pay to the Resources as well as factors for social charges and
overheads (bonuses or other means of profit-sharing shall
not be allowed as an element of overheads), (ii) the cost of
backstopping by home office staff not included in the
Experts' list in Appendix B, (iii) the Consultant's profit, and
(iv) any other items as specified in the SCC.
41. Taxes and
41.1 The Consultancy Firm and Sub-consultants are
Duties
responsible for meeting any and all tax liabilities arising
out of the Contract unless it is stated otherwise in the SCC.
41.2 As an exception to the above and as stated in the
SCC, all local identifiable indirect taxes (itemized and
finalized at Contract negotiations) are reimbursed to the
Consultant or are paid by MORTH on behalf of the
Consultant. (All direct or indirect taxes are to borne by the
consultant.
42. Currency
42.1 Any payment under this Contract shall be made in the
of Payment
INR.
43. Mode of Billing 43.1 Billings and payments in respect of the Services
and Payment
shall be made as follows:
a. Advance payment. Nil.
b. The Itemized Invoices. As soon as practicable and not
later than fifteen (15) days after the end of each
calendar month during the period of the Services, or after
the end of each time interval otherwise indicated in the
SCC, the Consultancy Firm shall submit to MORTH, in
duplicate, itemized invoices, accompanied by the
receipts or other appropriate supporting documents, of
the amounts payable pursuant to Clauses GCC 39 and
GCC 40 for such interval, or any other period indicated
in the SCC. Separate invoices shall be submitted for
expenses incurred in local currency. Each invoice shall
show remuneration and reimbursable expenses
separately.
c. MORTH shall pay the Consultancy Firm's invoices within
sixty (60) days after the receipt by MoRTH of such
itemized invoices with supporting documents. Only
such portion of an invoice that is not satisfactorily
supported may be withheld from payment. Should any
discrepancy be found to exist between actual
payment and costs authorized to be incurred by
the Consultancy Firm, MoRTH may add or subtract the

72
difference from any subsequent payments.
d. The Final Payment. The final payment under this
Clause shall be made only after the final report and a
final invoice, identified as such, shall have been
submitted by the Consultancy Firm and approved as
satisfactory by MoRTH. The Services shall be deemed
completed and finally accepted by MoRTH and the final
report and final invoice shall be deemed approved by
MoRTH as satisfactory ninety (90) calendar days after
receipt of the final report and final invoice by MoRTH
unless MoRTH, within such ninety (90) calendar day
period, gives written notice to the Consultancy Firm
specifying in detail deficiencies in the Services, the final
report or final invoice. The Consultancy Firm shall
thereupon promptly make any necessary corrections,
and thereafter the foregoing process shall be repeated.
Any amount that MoRTH has paid or has caused to be
paid in accordance with this Clause in excess of the
amounts payable in accordance with the provisions of
this Contract shall be reimbursed by the Consultancy
Firm to MoRTH within thirty (30) days after receipt by
the Consultancy Firm of notice thereof. Any such
claim by MoRTH for reimbursement must be made
within twelve (12) calendar months after receipt by
MoRTH of a final report and a final invoice approved by
MoRTH in accordance with the above.
e. All payments under this Contract shall be made to the
accounts of the Consultancy Firm specified in the SCC.
f. With the exception of the final payment under (d)
above, payments do not constitute acceptance of the
Services nor relieve the Consultancy Firm of any
obligations hereunder.

G. Fairness and Good Faith

44. 44.1 The Parties undertake to act in good faith with respect to each
Good
Faith other's rights under this Contract and to adopt all reasonable measures to
ensure the realization of the objectives of this Contract.

H. Settlement of Disputes

73
45. Amicable 45.1 The Parties shall seek to resolve any dispute amicably by
Settlement
mutual consultation.
45.2 If either Party objects to any action or inaction of the other
Party, the objecting Party may file a written Notice of Dispute to
the other Party providing in detail the basis of the dispute. The Party
receiving the Notice of Dispute will consider it and respond in writing
within fourteen (14) days after receipt. If that Party fails to respond
within fourteen (14) days, or the dispute cannot be amicably settled
within fourteen (14) days following the response of that Party,
Clause GCC 46.1 shall apply.
46. Dispute 46.1 Any dispute between the Parties arising under or related to this
Resolution Contract that cannot be settled amicably may be referred to by either
Party to the adjudication/arbitration in accordance with the provisions
specified in the SCC.

I. Special Conditions of Contract

Number Amendments of, and Supplements to, Clauses in the General


of GC Conditions of Contract
Clause
3.1 The Contract shall be constructed in accordance with the law of India.
4.1 The language is: English
6.1 and The addresses are:
6.2
Client: Ministry of Road Transport and Highways,
Transport Bhawan, 1, Sansad Marg, New Delhi
Attention:
Facsimile:
E-mail (where permitted):

Consultant:
Attention:
Facsimile:
E-mail (where permitted) :
8.1 The Authorized Representatives are:

For MoRTH:
For the Consultancy Firm:
10(A).1 The effectiveness conditions are the following:
Acceptance of Letter of Award by the Consultant
11.1 Termination of Contract for Failure to Become Effective:

On signing of contract.
12.1 Commencement of Services:

74
15 days from signing of contract Effective Date.
13.1 Expiration of Contract:
The Contract shall be valid for two years from the effective date, after
that it can be extended at an escalation of 3% per annum, if required, for
further two years on yearly basis as per mutual agreement between
MoRTH and the Consultancy firm.
20 b. MoRTH reserves the right to determine on a case-by-case basis whether the
Consultancy Firm should be disqualified from providing goods, works or non-
consulting services due to a conflict of a nature described in Clause GCC
20.1.2

Yes
22.1 “Limitation of the Consultancy Firm’s Liability towards MoRTH:
(a) The Consultancy Firm’s will be completely responsible for all acts
under this engagement of the Team members to the Client. Consultancy
Firm will be responsible for any liability for the work done by such Team
Members.
(b) Except in the case of gross negligence or willful misconduct on the
part of the Consultancy Firm or on the part of any person or a firm acting
on behalf of the Consultancy Firm in carrying out the Services, the
Consultancy Firm, with respect to damage caused by the Consultancy
Firm to MoRTH’s property, shall not be liable to MoRTH:
 for any indirect or consequential loss or damage; and

 for any direct loss or damage that exceeds one times the Fee
received under the Contract;
(c) This limitation of liability shall not affect the Consultancy Firm’s
liability, if any, for damage to Third Parties caused by the Consultant or any
person or firm acting on behalf of the Consultancy Firm in carrying out
the Services; be construed as providing the Consultancy Firm with any
limitation or exclusion from liability which is prohibited by the "Applicable
Law".
23.1 The Consultancy Firm shall take out and maintain at its insurance against
the risk for the following:
a. Professional liability insurance, with a minimum coverage of equal to
contract cost.
b. Third Party motor vehicle liability insurance in respect of motor
vehicles operated in the Client’s country by the Consultancy Firm or
its Experts or Sub-consultants, with a minimum coverage as per
applicable law.
c. Third Party liability insurance resulting from acts performed in
carrying out the Services for the period of consultancy.
d. take out and maintain adequate insurance policy for medical, life
insurance, accident, travel or other insurance as may be appropriate

75
covering individual consultant for the period of engagement.
e. insurance against loss of or damage to (i) equipment purchased in
whole or in part with funds provided under this Contract, (ii) the
Consultant’s property used in the performance of the Services, and
(iii) any documents prepared by the Consultant in the performance
of the Services.
Bidder is required to provide certificate from insurance agency confirming
coverage of all liabilities.
27.1 The Consultancy Firm shall not use these documents for purposes
unrelated to this Contract without the prior written approval of MoRTH.
31.1 As per requirement of the concerned Divisions of Road Transport wing with
approval of Competent Authority.
39.2 The ceiling in local currency is: (Rupees) is for 24 months, payable on
monthly basis for an amount of Rs (Rupees).

This shall be exclusive of payments as mentioned in Clause GCC 42.

In case the Project Manager/ Senior Project Associate are required to travel
outside NCR, the travel, boarding and logging expenses would be
reimbursed as paid/applicable at the level of Under Secretary of MoRTH.

In case the Junior Project Associate are required to travel outside NCR, the
travel, boarding and logging expenses would be reimbursed as
paid/applicable at the level of Section Officer (Pay Level-10) of MoRTH.
40.3 No price adjustment is applicable.
41.1 and The Consultancy Firm is responsible for payment of all taxes as applicable
41.2 in India. MoRTH will however reimburse the following indirect taxes /
duties:
GST payable (on production of proof of payment) on the contract value by
consultant.
42.1 The currency of payment shall be the following: Indian Rupees
43.1(b) The Consultancy Firm shall submit to MoRTH Invoices along with self-
certificate for the deployment of domain consultant at time intervals of
every month.
43.1(e) The accounts are:

Bank Account No.:

Bank and Address:

IFSC Code:
46.1 Disputes shall be settled by arbitration in accordance with the following
provisions:
a. 1. Selection of Arbitrators. Each dispute submitted by a Party to
arbitration shall be heard by a sole arbitrator or an arbitration

76
panel composed of three (3) arbitrators, in accordance with the
following provisions:
a. Where the Parties agree that the dispute concerns a technical
matter, they may agree to appoint a sole arbitrator or, failing
agreement on the identity of such sole arbitrator within thirty (30)
days after receipt by the other Party of the proposal of a name for
such an appointment by the Party who initiated the proceedings,
either Party may apply to President, Institution of Engineers India,
New Delhi for a list of not fewer than five (5) nominees and, on
receipt of such list, the Parties shall alternately strike names there
from, and the last remaining nominee on the list shall be the sole
arbitrator for the matter in dispute. If the last remaining nominee
has not been determined in this manner within sixty (60) days of
the date of the list, President, Institution of Engineers India, New
Delhi shall appoint, upon the request of either Party and from such
list or otherwise, a sole arbitrator for the matter in dispute.
b. Where the Parties do not agree that the dispute concerns a
technical matter, MoRTH and the Consultancy Firm shall each
appoint one (1) arbitrator, and these two arbitrators shall jointly
appoint a third arbitrator, who shall chair the arbitration panel. If
the arbitrators named by the Parties do not succeed in appointing
a third arbitrator within thirty (30) days after the latter of the two
(2) arbitrators named by the Parties has been appointed, the third
arbitrator shall, at the request of either Party, be appointed by
Secretary, the Indian Council of Arbitration, New Delhi.
c. If, in a dispute subject to paragraph (b) above, one Party fails to
appoint its arbitrator within thirty (30) days after the other Party
has appointed its arbitrator, the Party which has named an
arbitrator may apply to the Secretary, the Indian Council of
Arbitration, New Delhi to appoint a sole arbitrator for the matter
in dispute, and the arbitrator appointed pursuant to such
application shall be the sole arbitrator for that dispute.
2. Rules of Procedure. Arbitration proceedings shall be conducted in
accordance with procedure of the Arbitration a Conciliation Act 1996, of
India unless the Consultant is a foreign national/firm, in which case
arbitration proceedings shall be conducted in accordance with the rules
of procedure for arbitration of the United Nations Commission on
International Trade Law (UNCITRAL) as in force on the date of this
Contract.

3. Substitute Arbitrators. If for any reason an arbitrator is unable to


perform his/her function, a substitute shall be appointed in the same
manner as the original arbitrator.

4. Nationality and Qualifications of Arbitrators. The sole arbitrator or the


third arbitrator appointed pursuant to paragraphs 1(a) through 1(c) above
shall be an internationally recognized legal or technical expert with

77
extensive experience in relation to the matter in dispute and shall not be
a national of the Consultant's home country or of the Government's
country. For the purposes of this Clause, "home country" means any of:

(a) the country of incorporation of the Consultancy Firm; or


(b) the country in which the Consultancy Firm's principal place of
business is located; or
(c) the country of nationality of a majority of the Consultancy Firm's
shareholders; or
(d) the country of nationality of the Sub-consultants concerned, where
the dispute involves a subcontract.

5. Miscellaneous. In any arbitration proceeding hereunder:

(a) proceedings shall, unless otherwise agreed by the Parties, be held in


New Delhi;
(b) the English language shall be the official language for all purposes;
and
(c) the decision of the sole arbitrator or of a majority of the arbitrators
(or of the third arbitrator if there is no such majority) shall be final and
binding and shall be enforceable in any court of competent jurisdiction,
and the Parties hereby waive any objections to or claims of immunity in
respect of such enforcement.

78
APPENDICES
APPENDIX A – Terms of Reference

79
APPENDIX B - CV OF EXPERTS

a. CV of Resource
b. Leaves: One day leave each month may be availed by the
Project Manager/Associate with aprior two days intimation.
However, any request for leave need to be intimated to MoRTH
and the Project Manager /Associate is also required to intimate
MoRTH on the leaves extended by the firm to the Project
Manager /Associate. The consultancy firm shall either provide
a substitute during the absence of the resource or pro-rata
amount will be deducted from the payments to the resource.

80
APPENDIX C - REMUNERATION COST ESTIMATES
Financial Proposal Submission Form

New Delhi, ……...2025

To:

Ministry of Road Transport and Highways, Govt. of India


Transport Bhawan
1, Parliament Street
New Delhi 110001

Dear Sirs:

We, the undersigned, offer to provide the consulting services for for
‘Engagement of consultancy services to assist in the field of Transport Policy, Motor
Vehicle Regulations, Automotive Industry Standards and matters related to Road
Safety Reference No. RT-11036/14/2024-MVL’ in accordance with your Request for
Proposal dated ………… and our Technical Proposal.

Our attached Financial Proposal for is for the amount of {Indicate the
corresponding to the amount(s) currency (ies)} {Insert amount(s) in words and
figures}, excluding of all indirect local taxes in accordance with sub-clause 3.8 of
Clause (2) of Section 3. The estimated amount of local indirect taxes is {Insert
currency} {Insert amount in words and figures} which shall be confirmed or
adjusted, if needed, during negotiations. {Please note that all amounts shall be the
same as in Form FIN-2}.

Our Financial Proposal shall be binding upon us subject to the modifications


resulting from Contract negotiations, up to expiration of the validity period of the
Proposal, i.e. before the date indicated in sub-clause 1.11 of Clause (2) of Section
3.

We hereby certify that we have taken steps to ensure that no person acting
for us or on our behalf will engage in bribery. We undertake that, in competing for
(and, if the award is made to us, in executing) the above contract, we will strictly
observe the laws against fraud and corruption in force in India namely “Prevention
of Corruption Act, 1988.

Commissions and gratuities paid or to be paid by us to an agent or any third


party relating to preparation or submission of this Proposal and Contract
execution, paid if we are awarded the Contract, are listed below:

Name and Address Amount and Purpose of Commission


of Agents Currency or Gratuity

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{If no payments are made or promised, add the following statement: “No
commissions or gratuities have been or are to be paid by us to agents or any third
party relating to this Proposal and Contract execution.

We understand you are not bound to accept any Proposal you receive.

Yours sincerely,

Authorized Signature {In full and initials}:


Name and Title of Signatory:
In the capacity of:
Address:
E-mail: _________________________

{For a joint venture, either all members shall sign or only the lead
member/consultant, in which case the power of attorney to sign on behalf
of all members shall be attached}

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Monthly rates for the Resources/Associates:

Description of Nature of No. to be Fixed Cost Fixed Cost per month


Resource employment employed. per man per Amount (In Amount (In
month Rupees) Rupees)
in figure in words
Team Leader Part Time 1
(25%)
Project Full Time 1
Manager (100%)
Senior Project Full Time 4
Associate (100%)
Junior Project Full Time 6
Associate (100%)

Total Fixed Costs of Financial Bid per month.

Note: - The above rates quoted by the bidder are inclusive of all the cost to
the bidder inclusive of all direct taxes in INR.

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Form of Power of Attorney for signing of Proposal

(Extract of the charter documents and documents such as a board or shareholder’s


resolution /power of attorney in favour of the person executing this Power of
Attorney for the delegation of power hereunder on behalf of the Bidder –need to
be provided along with the Power of Attorney).

Know all men by these presents, We, ------------------- having our registered office
at --------------------- do hereby irrevocably constitute, nominate, appoint and
authorize -------------------, son of ----------------------------and presently residing at -
---------------------------, who is presently employed with us and holding the position
of --------------------------------, as our true and lawful attorney (hereinafter referred
to as the “Attorney”) to do in our name and on our behalf, all such acts, deeds and
things as are necessary or required in connection with or incidental to submission
of our bid for the Project -------------------------------------------------- to ---------------
------ Ministry of Road Transport & Highways (MoRTH), Government of India (the
“Client) including but not limited to signing and submission of all applications, bids
and other documents and writings, participating in biding and other conferences
and providing information / responses to the Client, representing us in all matters
before the Client, signing and execution of all contracts including the Consultancy
Agreement and undertakings consequent to acceptance of our bid, and generally
dealing with the Client in all matters in connection with or relating to or arising
out of our bid for the said Project and/or upon award thereof to us and/or till the
entering into of the Consultancy Agreement with the Client.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all
acts, deeds and things done or caused to be done by our said Attorney pursuant to
and in exercise of the powers conferred by this Power of Attorney and that all
acts, deeds and things done by our said Attorney in exercise of the powers herby
conferred shall and shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE ------------------------------- THE ABOVE NAMED PRINCIPAL


HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS --------------DAY OF -------,
2024

For ------------------------------------------

……………………………
Name:
Designation:
Address:
Email:
Tele:
Mobile:

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