MoRTH Transport Policy RFP
MoRTH Transport Policy RFP
(Reference No.RT-11036/14/2024-MVL)
Vehicle Regulations, Automotive Industry Standards and matters related to Road Safety
Government of India
June, 2025
1
CONTENTS
Data Sheet…….………………………………………………………………………..…...29 - 34
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.
Dear M/s.:
3. The RFP is being issued and is open to all the consultancy firms who fulfill
the eligibility criteria of the RFP.
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.
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.
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.
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:
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.
iv. Provide policy inputs for linking of road transport to other means of
transport.
vi. Study global best practices to enhance private participation and public-
private partnership in the road transport sector.
xi. Framing of a model ESG policy for adoption by State Road Transport
Corporation.
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.
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.
9
xxviii. Propose measures towards reduction of road accident fatalities as per India's
global commitments.
xxxii. Work related to the Supreme Court Committee on Road Safety, National
Road Safety Board, National Road Safety Council, District Road Safety
Committee, etc.
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.
15
considered only for the positions, which are
declared responsive by MoRTH.
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).
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.
19
5.2 The following documents shall be submitted
in ORIGINAL to MoRTH before the prescribed
date & time for submission of Bids.
20
Notes:
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.
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
26
The duration of the contract will be such as
it has been specified in Data sheet.
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.
28
3. DATA SHEET
Paragraph
Reference
1.11 Bids must remain valid 120 days after the submission date.
3.3 (c) Schedule of Bidding:
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.
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.
31
Total points for the above four criteria 100
The minimum technical score (St) required to pass is 80
The formula for determining the financial scores (Sf) of all other
Proposals is calculated as following:
The weights given to the Technical (T) and Financial (P) Proposals
are:
T = 60%
P = 40%
2. Evaluation Criteria
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.
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
34
SECTION 4
Technical Proposal – Standard Forms
FORM TECH-1
{Date}
To,
Dear Sir,
(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).
Yours sincerely,
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.]
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:
37
Description of Actual Services Provided by your Company:
*Note: The date of inviting tender on CPP portal will be the cutoff date for
counting seven preceding years.
38
FORM TECH-3
39
FORM TECH-4
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
40
FORM TECH-5
41
*Provide separate tables for public sector projects and private sector projects
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 authorized
Signature
Date
Representative of the Consultancy Firm
(the same who signs the Proposal)
42
Form FIN-1
Financial Proposal Submission Form
To:
Dear Sirs:
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}.
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.
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,
{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)
45
Section 5. Terms of Reference
Terms of Reference
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.
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.
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:
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.
iv. Provide policy inputs for linking of road transport to other means of
transport.
vi. Study global best practices to enhance private participation and public-
private partnership in the road transport sector.
47
ix. Assessment of ongoing initiatives to improve road transport, including
identification of gaps in various thematic areas and measures to overcome
the same.
xi. Framing of a model ESG policy for adoption by State Road Transport
Corporation.
xiv. Recommend measures for improving ease of doing business for key transport
entities such as operators, aggregators, etc.
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.
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.
xxviii. Propose measures towards reduction of road accident fatalities as per India's
global commitments.
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.
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.
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:
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.
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.
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
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:
Safety.’
Reference No.RT-11036/14/2024-MVL
Contract No.____________________________
between
and
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;
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.
56
GENERAL CONDITIONS OF CONTRACT
A. GENERAL PROVISIONS
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.
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.
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.
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.
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;
(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):
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;
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
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.
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.
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.
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.
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
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.
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.
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.
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).
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:
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.
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:
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
To:
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}.
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.
81
{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,
{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}
82
Monthly rates for the Resources/Associates:
Note: - The above rates quoted by the bidder are inclusive of all the cost to
the bidder inclusive of all direct taxes in INR.
83
Form of Power of Attorney for signing of Proposal
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.
For ------------------------------------------
……………………………
Name:
Designation:
Address:
Email:
Tele:
Mobile:
84