OF THE COMMISSIONER, NEW PUBLIC OFFICES, NRUPATUNGA ROAD, K.R.CIRCLE, BANGALORE

Transcription

1 KARNATAKA GOVERNMENT DEPARTMENT OF PUBLIC INSTRUCTION EVALUATION OF THE SCHEME OF SUPPLY OF FREE BICYCLES Proposal OFFICE OF THE COMMISSIONER, NEW PUBLIC OFFICES, NRUPATUNGA ROAD, K.R.CIRCLE, BANGALORE Bicycle Project-Planning Section

2 INDEX Sl. No. Description Page No. 1 Details of Paper Notification 3 2 Invitation for expression of interest and A Brief 4-8 Information on RFP 3 Supplementary Information for Consultants Terms of Reference Data Sheet General Conditions of Contract Special Conditions of Contract Forms Draft letter of contract Bicycle Project-Planning Section Page 2 of 46

3 TENDER NOTIFICATION TENDER FOR THE SCHEME EVALUATION OF FREE SUPPLY OF BICYCLES DATE OF TENDER NOTIFICATION : PRE-BID MEETING DATED : 11.00hrs LAST DATE AND TIME FOR RECEIPT OF REQUEST FOR PROPOSAL : 17.00hrs TIME AND DATE OF OPENING OF TECHNICAL BID PLACE OF OPENING OF REQUEST FOR PROPOSAL ADDRESS FOR COMMUNICATION : 11.30hrs : O/o. Commissioner for Public Instruction, New Public Offices, Nrupatunga Road, K.R.Circle, Bangalore 1. : Commissioner for Public Instruction, New Public Offices, Nrupatunga Road, K.R.Circle, Bangalore 1. Bicycle Project-Planning Section Page 3 of 46

4 OFFICE OF THE COMMISSIONER FOR PUBLIC INSTRUCTION, N.T.ROAD, BANGALORE-1. Invitation for Expression of Interest for Consultancy Services for Evaluation of Free Bicycles supply scheme in Education Department, Government of Karnataka a) An Expression of Interest is invited in the prescribed format from consulting firms/ companies/ Organisations for Consultancy Services for Scheme evaluation of supply of Bicycles. The Bidder has to submit the proposal along with EMD of Rs. 1,00, (Rs.One Lakh Only) by way of Demand Draft favouring The Commissioner for Public Instruction, Bangalore payable at Bangalore. b) Only firms / consultants who have carried out the Third party consultancy works of similar Nature and the consultancy charge of the works executed in single work order should be more than Rs.10 lakhs during any one of the last three years can apply. And the firm should be in the field for more than 5 years. (Authenticated certificates of proof shall be enclosed for the above) (1) The bidders will be required to register themselves with the centre for E-Governance to participate in the bidding process and also get necessary digital signature certificates. The details of the process of registration and obtaining the digital signature certificates are available on the website: Necessary training and hands on experience in handling e-procurement system could be obtained from the centre for E- Governance. Necessary details could also be obtained over telephone at It may be noted that all subsequent notifications, changes and amendments on the project/document would be posted only on the following website: (2) The pre-proposal conference will be held at O/o.CPI, New Public Offices, N.T.Road, Bangalore on at hrs. (3) The duly filled in proposal along with EMD and Application fee should be submitted on or before at hrs. The technical proposal will be opened on at hrs. (4) For further details contact Sr. Asst. Director (Planning), O/o. CPI, New Public Offices, N.T.Road, Bangalore during office hours Ph: Sd/- Commissioner for Public Instruction, Bangalore-1. Bicycle Project-Planning Section Page 4 of 46

5 TENDER NOTIFICATION FOR SCHEME EVALUATION OF FREE SUPPLY OF BICYCLES 1. Department of Education, Government of Karnataka hereby invites to submit a technical and financial proposal for consultancy services required for Scheme Evaluation of Free Bicycle Distribution Programme which could form the basis for future negotiations and ultimately a contract between successful bidder/consultants and The Commissioner for Public Instruction, Bangalore. 2. The purpose of this assignment is: To evaluate the scheme of Free Bicycle Programme: To help in continuing education by girls of 7 th standard and being enrolled to 8 th standard. To help the children to come to school from hilly regions without any problems. To improve the enrolment and attendance of the children who are below poverty line. 3. The following documents are enclosed to enable the bidder/consultant to submit your proposal: (a) (b) (c) Terms of reference (TOR); Supplementary information for consultants, including a suggested format of curriculum vitae; and A sample format of the contract for consultants services under which the service will be performed. 4. The Submission of Proposals: The proposals shall be submitted in two parts, viz., Technical and financial and should follow the form given in the "Supplementary Information for Consultants." The proposals will be accepted in electronic mode only. 5. Openin g of Proposal: The proposals containing technical proposal will be opened by the Commissioner for Public Instruction, Bangalore or his authorized representative in his office on at hrs. It may please be noted that the Financial Proposal containing the detailed price offer will be opened after completion of technical evaluation 6. The proposal to be submitted along with Earnest Money Deposit (EMD). The EMD shall be returned to the unsuccessful Bidders within a period of two (2) weeks from the date of announcement of the Successful Bidder. 7. The Bid Security shall be credited to the account of Centre for E-Governance i) Through Credit Card ii) Internet Banking iii) National Electronic Fund Transfer iv) Remittance over the counter in the selected 10 branches of Axis Bank in Bangalore a) The Bidders bid will be evaluated only on confirmation of receipt of the payment (EMD) in the GoK s central pooling a/c held at Axis Bank Bicycle Project-Planning Section Page 5 of 46

6 b) EMD amount will have to be submitted by the Bidder taking into account the following conditions: 8. EMD will be accepted only in the form of electronic cash (and not through Demand Draft or Bank Guarantee) 9. The entire EMD amount for a particular tender has to be paid in a single transaction. The EMD submitted by the Successful Bidder shall be released upon furnishing of the Performance Security in the form and manner as stipulated in the Agreement. The EMD shall be forfeited in the following cases: a) If the Bidder modifies or withdraws the Proposal; b) If the Bidder withdraws the Proposal during the interval between the Proposal due date and expiration of the Proposal Validity period; c) If the Successful Bidder fails to provide the Performance Security within the stipulated time or any extension thereof provided by the SSA Samithi; d) If any information or document furnished by the Bidder turns out to be misleading or untrue in any material respect; 10. Evaluation : A two stage procedure will be adopted in evaluating the proposals with the technical evaluation being completed prior to any financial proposals being opened. The technical proposals will be evaluated using the following criteria. Points (i) Specific experience of the consultants related to 20 the Assignment (ii) Adequacy of the proposed work plan and methodology in responding to the TOR 25 (iii) Qualifications and competence of the key 45 professional staff for the Assignment (iv) Suitability of the transfer of knowledge program 10 Total Points: 100 The minimum technical score required to pass is: 75 points 11. Deciding Award of Contract (a) The client will carry out the evaluation of proposals on the basis of their responsiveness to the Terms of Reference, applying the evaluation criteria and marking system specified. Each responsive proposal will be given a technical score (TS). A proposal to be considered unsuitable shall be rejected at this stage if it does not respond to the important aspects of the Terms of Reference or if it fails to achieve the minimum technical score indicated. (b) Technical Proposal s scoring not less than 75% of the total points will only Bicycle Project-Planning Section Page 6 of 46

7 be considered for financial evaluation. The client shall simultaneously notify / inform the Consultants that have secured the minimum qualifying mark, indicating the date and time set for opening of financial proposals over phone / electronic mail or by letters or on website, (C) (d) The Financial Proposal of those bidders who are technically qualified shall be opened in the electronic form only. Negotiations with the successful bidder, if required will be held as per the KTTP Act, at the office of the Commissioner for Public Instruction, New public offices, N.T.Road, Bangalore. The aim is to reach agreement on all points and sign a contract. 12. Please note that The Commissioner for Public Instruction, New Public Offices, N.T.Road, Bangalore is at full liberty to reject the request for proposal (RFP) without assigning any reason whatsoever. Further, as quality is the principal selection criteria, the CPI, Bangalore is not bound in any way to select the firm offering the lowest price and will have all the right to reject RFP though the firm has offered lowest price. i. The Successful Bidder has to enter into agreement with CPI and has to furnish Performance Security in the form of Bank Guarantee equal to 5% of the contract value. 13. CPI is at liberty to reject a proposal for award if he determines that the firm recommended for award has engaged in corrupt or fraudulent activities in competing for the contract in question. 14. Consultants shall not be under declaration of illegibility for corrupt and fraudulent practice issued by any clients in India. 15. The rates quoted in the financial proposal should be valid for 90 days from the date of submission during which period it shall maintain without change, the personnel proposed for the assignment and proposed price. The Commissioner for Public Instruction, Bangalore will make his best efforts to finalize the agreement within this period. 16. The cost of preparing a proposal and of negotiating a contract including visits to The Commissioner for Public Instruction, Bangalore, if any is not reimbursable as a direct cost of the assignment. 17. Any firm, with which consultant/bidder might be associated with, will not be eligible to participate in bidding for any goods or works resulting from or associated with the project of which this consulting assignment forms a part. 18. Assuming that the contract can be satisfactorily concluded by end of February 2012, bidder/consultant is expected to take-up / commence the work immediately. Bicycle Project-Planning Section Page 7 of 46

8 19. Please note that the remuneration which bidder/consultant receives from this contract will be subject to the normal tax liability in India. The bidder/consultant may contact the concerned tax authorities for further information in this regard, if required. The Letter of Invitation, Terms of Reference and Information for Consultants are enumerated in this Request for Proposal. The document is available on the internet in the website The Commissioner for Public Instruction, Bangalore. Bicycle Project-Planning Section Page 8 of 46

9 Annexure - 2 SUPPLEMENTARY INFORMATION FOR CONSULTANTS Proposals (1) Proposals should include the following information: (a) Technical Proposal (i) A brief description of the firm/organization and an outline of recent experience on assignments/ projects of similar nature executed during the last 3 years in the format given in Form F-2. (ii) Any comments or suggestions of the consultant on the Terms of Reference (TOR). (iii) A description of the manner in which consultants would plan to execute the work. Work plan time schedule in Form F-3 and approach or methodology proposed for carrying out the required work. (iv) The composition of the team of personnel which the consultant would propose to provide and the tasks which would be assigned to each team member in Form F-4. (v) Curriculum Vitae of the individual key staff members to be assigned to the work and of the team leader who would be responsible for supervision of the team. The curricula vitae should follow the attached Format (F-5) duly signed by the concerned personnel. (vi) The consultant's comments, if any, on the data, services and facilities to be provided by Planning Section, O/o. CPI, Bangalore indicated in the Terms of Reference (TOR). (vii) The consultant s Work program and time schedule for key personnel in Form No.F-7. (b) Financial Proposals The financial proposals should include the Schedule of Price Bid in Form No.F-6 with cost break-up for the work program. (2) Contract Negotiations The aim of the negotiation is to reach an agreement on all points with the consultant and initiate a draft contract by the conclusion of negotiations. Negotiations commence with a discussion of Consultant's proposal, the proposed work plan, staffing and any suggestions you may have made to improve the Terms of Reference. Agreement will then be reached on the final Terms of Reference, the staffing and the bar chart, which will indicate personnel, periods in the field and Bicycle Project-Planning Section

10 office, man-months, and reporting schedule. Once these matters have been agreed, financial negotiations will take place and will begin with a discussion of your proposed personnel rates which should be expressed in man-months. (3) Contracts with Team Members. Bearing in mind that rates are negotiable, firms are advised against making firm financial arrangements with prospective team members prior to negotiations. (4) Nomination of Experts Having selected a firm partly on the basis of an evaluation of personnel presented in the firm's proposal, The Commissioner for Public Instruction, Bangalore expects to negotiate a contract on the basis of the experts named in the proposal and, prior to contract negotiations, will require guarantees that these experts shall, in fact, be made available. As the expected date of mobilization is given in the letter inviting proposals, Policy Planning Unit will not consider substitution after contract negotiations, except in cases of unexpected delays on the starting date or incapacity of an expert for reasons of health, or leaving the firm. The desire of a firm to use an expert on another project shall not be accepted for substitution of personnel. (5) All payments shall be made on submission of pre-receipted bills by the consultants in quadruplicate for respective stages. (6) Review of reports The high level review committee will carry out reviews as per clause 8 of the TOR and suggest any modifications/changes considered necessary within 15 days of receipt. Bicycle Project-Planning Section Page 10 of 46

11 TERMS OF REFERENCE FOR THE SUTDY TO EVALUATE FREE SUPPLY OF BICYCLES BY GOVERNMENT OF KARNATAKA Background and Need for the Study: 1.1 Towards achieving Universalisation of Elementary Education the Government of Karnataka has initiated many programmes and policies. Some of the most important incentive driven programs of the government include supply of free text books, free supply of Uniforms, awarding scholarships and mid day meals and so on. These programmes intend to achieve universal enrolment, retention and ensure eight years of quality education to each child. 1.2 The compulsory and free education to all children is a constitutional mandate and commitment. Hence it becomes obligatory to the State to encourage all incentives to promote Article 45 of the constitution. With the declaration of right to Education as Fundamental Right of all children of school going age group, the responsibility of the State has further enhanced. 1.3 In this context, the supply of free bicycles to rural girls studying in Government schools has become one of the major functions of the Education Department. Having understood the problems of rural girls who come to school by walk all through, Government of Karnataka introduced the scheme of free distribution of bicycles to girls studying in 8 th standard coming from BPL families. This is to enhance the confidence and courage besides reducing dropout rate among girls after passing out from 7 th standard. The scheme is introduced from the academic year The cost of each bicycle is Rs.2030/- and 1,75,023 such eligible girls from 202 educational block have benefited from this scheme. 1.4 Based on the response that was received from Phase-I, the Government of Karnataka extended it to the boys studying in 8 th standard coming from BPL families under Phase-II during The number of beneficiaries under this scheme was 2,45, The free bicycle distribution scheme is considered as an ongoing programme : 4,35,000 bicycles with unit cost of Rs.2050/- were distributed to the students belonging to BPL and studying in 8 th standard of Govt. & Aided schools (excluding students studying in schools coming under corporation limit areas and students with buspass and hostel facility) : The scheme was extended to all the students studying in 8 th standard of Govt. & Aided schools (excluding students studying in schools coming under corporation limit areas and students with bus pass and hostel facility) 6,66,222 bicycles were distributed with an unit cost of Rs.2397/ : 5,32,392 bicycles with unit cost of Rs.2390/- were distributed to the students studying in 8 th standard of Govt. & Aided schools (excluding students studying in schools coming under corporation limit areas and students with bus pass and hostel facility) & : 10,77,559 bicycles with unit cost of Rs.2750/- for boys bicycle and Rs.2775/- for girls bicycle are being distributed during to Bicycle Project-Planning Section Page 11 of 46

12 the students studying in 8 th standard of Govt. & Aided schools (excluding students studying in schools coming under corporation limit areas and students with bus pass and hostel facility). 1.6 Hence it is proposed after 6 years of implementing the programme as impact study needs to be taken up by an external agency. Broad Objectives of the Programme: To help all eligible children of 7 th standard as per eligibility criteria to get enrolled to 8 th standard. To help the children to come to school from hilly regions without any problems. To improve the enrollment and attendance of children. To facilitate the complete transition rate of children from 7 th to 8 th standard. To arrest the dropouts in high school and to help in completing high school education. Implementation of the Programme: The programme is implemented in the leadership of Commissioner for Public Instruction, Bangalore by all the district / taluk level DDPIs / BEOs and the Department of Industries & Commerce. Main responsibility to ensure timely distribution of quality bicycles is entrusted to District and Block administration. The responsibility of identifying the beneficiaries and to ensure continuous utilization of the bicycles is entrusted to the respective head of institutions and the Block Education Officer. A committee comprising of the officers from Education Department, Industries and Commerce department is constituted to ensure appropriate assembling of the bicycles prior to distribution at the block and district level. To ensure whether the bicycles are of ISI certification, a cycle from all 202 blocks were put to visual inspection conducted by technical team from R & D Centre, Ludhiana. Faulty ones were replaced and penalty was imposed on them. Objectives of Evaluation: The following are the reasons for choosing the scheme for Evaluation. Evaluate the impact of the scheme on empowerment of girls. Evaluate the impact of the scheme with respect to Enrolment, Attendance, drop out and learning achievement of the children in 8 th standard. Evaluate on a sample basis whether the bicycles are being used for the purpose for which they were given. eg., What percentage of bicycles are brought to school; reasons for not bringing; whether they are being misused by other family members etc, Evaluate the actual implementation of the scheme in terms of its utilization, quality, usage and target achieved. Evaluate the actual implementation of the scheme- review the processes, interaction among stakeholders and suggest improvements, if any. Evaluate the impact of the scheme with respect to the children (both boys and girls) enrolled in 8 th standard and their learning achievement, who fall in theses categories-below the poverty line, (SC/ST, weaker section and minority community). Bicycle Project-Planning Section Page 12 of 46

13 Evaluate the impact of this programme on the learning achievement of the students (both boys and girls) belonging to BPL families. Evaluate the advantages and disadvantages in continuing this programme further. Evaluate the maintenance of the bicycle and estimate the maintenance cost per bicycle per year. Expected out comes of the study. To know the increase in the enrolment of children in government and aided government high schools. To know the decrease in the dropout children in high schools. To know the actual utilization of the distributed bicycles. Suggested Study Design The sample for the study should be based on representative coverage of all Government & Aided schools of the State (Boys and Girls separately). The year of reference for this study would be , & Sample size: 5% of covered schools i.e., Schools with 8 th standard facility (There are HPS HS-4168 = Total 8424) 5% of which is 421 schools. 5% of 5,32,394 children s i.e., 26,620 children s on an average of 125 to 175 children s in each block & random sample at school comes to 3 to 4 children s. Differentials: Analysis by Particulars 1) Sex, 2) Social class viz., SC/ST/OBC/Others, 3) North East Karnataka / Other than North East Karnataka & Size of Sample Girls Boys Total Girls Boys Total Girls Boys Total Girls Boys Total Girls Boys Total No. of Eligible children No of Schools Proportion: 1. Sample : Government/Aided; Upgraded HPS (8 th ) and 8 th in High Schools 2. Analysis : Northern Maidan Districts / Blocks Southern Maidan Districts / Blocks Hilly Areas Districts / Blocks Coastal Region Districts / Blocks Secondary Analysis of Transition rate in Sample Schools: Bicycle Project-Planning Section Page 13 of 46

14 Year 7 th Enrollment 8 th Enrollment & Particulars & Overall Average Attendance in School Head Count Attendance Eligibility Criteria: BPL Students studying in 8 th Standard of Government and Aided Schools (excluding students with bus pass & hostel facility) BPL Students studying in 8 th Standard of Government & Aided Schools (excluding students studying in schools coming under corporation limit areas & students with bus pass & hostel facility) All students studying in 8 th Standard of Government & Aided Schools (excluding students studying in schools coming under corporation limit areas & students with bus pass & hostel facility) All students studying in 8 th Standard of Government & Aided Schools (excluding students studying in schools coming under corporation limit areas & students with bus pass & hostel facility) & All students studying in 8 th Standard of Government & Aided Schools (excluding students studying in schools coming under corporation limit areas & students with bus pass & hostel facility) Time Frame/Sourcing Out: The study is proposed to be outsourced. Identified external agency organizes filed data collection and prepares final report. The study must be completed within sixty days from the date of signing the MOU by the agency. The Support / Inputs provided by the Client: The SADPI Planning, Office of the Commissioner for Public Instruction provides technical support to the proposed study. Review Committee: A review committee comprising of the following members is constituted to screen a suitable agency and after selection of such agency it monitors the work of the consultant. The review committee meets at specified intervals and reviews the work and appraises the progress. Depending on the progress, the consultant is extended feedback intermittently so as to ensure the desired output from them. The committee also reviews progress reports submitted by the consultant and the draft/final report of the study. a. Commissioner for Public Instruction Chairman Bicycle Project-Planning Section Page 14 of 46

15 b. Director (Primary) Member Secretary. c. Director (Secondary) - Member d. Chief Accounts Officer, O/o.CPI, Bangalore Member. e. Jt.Director, SSA, Bangalore - Member. f. Dy.Director (Primary) Member. g. Sr.Asst.Director (Planning) Member. The review committee will also processes the proposals submitted by various consultants and monitor the work as and when required. Role of the Department: To give all the district wise block wise secondary information. To provide administrative instruction to the district, block and cluster level for cooperating for the study during field visits. To nominate a full time nodal officer from the department. To provide measurable indicators for the completion of each phase for timely release of funds. Arrange for the review committee meetings with each completion of the phase as per the agreement. The cost of preparing the proposal and visits made for negotiating proposal is not reimbursable. Assuming that the contract is accepted the researcher is expected to take up the assignment within 10 days of acceptance. The mode of payment would be 30 % of the total agreed amount-on completion of field study against Bank Guarantee to the equal amount. 30 % of the total agreed amount-on submission of draft report against Bank Guarantee to the equal amount. 40 % of the total agreed amount-on submission of the final report. The researcher is requested to hold their proposal valid for 90 days form the date of submission. During which period the researchers will not make any change in proposed finance. This office will make its best efforts to finalize the agreement within this period. If the final report of the study is not submitted as per the agreed conditions and within the stipulated time, where the delay is on account of the consultant/ agency then the department will with hold the last instalment. Role of the Evaluation Agency: Bio-data of the researchers with an outline of recent experience should be duty attached. The proposal should be submitted in two parts i.e., Technical and Financial. Recent Income Tax returns statement of the researcher should be duty enclosed. The study should be taken up by one single agency and same agency has to complete research work without transferring it to anybody. It is considered desirable that the researcher / representative may visit the concerned office/field before handing over the final report. The Expert committee may make any suggestions or recommendations. Data gathered during the study should be shared with the Department. The researcher should ensure that the statistics or the result of this study is not shared / disclosed to any other agencies / organisation / department whatsoever. Bicycle Project-Planning Section Page 15 of 46

16 The researcher should make final presentation after incorporating suggestions/recommendations made by the Expert Committee before submitting the final report. The final report should be submitted both in hard and soft copies. All the data collected for this study should be handed over to the department before final settlement and this information should not be shared or disclosed to any other organisation / agencies / department whatsoever. Commissioner for Public Instruction. Bangalore. Bicycle Project-Planning Section Page 16 of 46

17 Sl No District Girls Bicycle Physical Boys Bicycle DATA SHEET Total Financial Girls Bicycle Physical Boys Bicycle Total Financial 1 Bangalore North Bangalore Rural Bangalore South Chikkaballapura Chitradurga Davanagere Kolar Madhugiri Ramanagara Shimoga Tumkur Chamarajanagar Chikkamagalur Dakshina Kannada Hassan Kodagu Mandya Mysore Udupi Bagalkot Belgaum Bijapur Chikkodi Dharwad Gadag Haveri Uttara Kannada Bellary Bidar Gulbarga Koppal Raichur Yadgir TOTAL Bicycle Project-Planning Section Page 17 of 46

18 Sl No District Girls Bicycle Physical Boys Bicycle Total Financial Girls Bicycle Physical Boys Bicycle Total Financial 1 Bangalore North Bangalore Rural Bangalore South Chikkaballapura Chitradurga Davanagere Kolar Madhugiri Ramanagara Shimoga Tumkur Chamarajanagar Chikkamagalur Dakshina Kannada Hassan Kodagu Mandya Mysore Udupi Bagalkot Belgaum Bijapur Chikkodi Dharwad Gadag Haveri Uttara Kannada Bellary Bidar Gulbarga Koppal Raichur Yadgir TOTAL Bicycle Project-Planning Section Page 18 of 46

19 Sl No District Girls Bicycle TARGET Physical Boys Bicycle Total Financial Girls Bicycle Physical Boys Bicycle Total Financial 1 Bangalore North Bangalore Rural Bangalore South Chikkaballapura Chitradurga Davanagere Kolar Madhugiri Ramanagara Shimoga Tumkur Chamarajanagar Chikkamagalur Dakshina Kannada Hassan Kodagu Mandya Mysore Udupi Bagalkot Belgaum Bijapur Chikkodi Dharwad Gadag Haveri Sirsi Uttara Kannada Bellary Bidar Gulbarga Koppal Raichur Yadgir TOTAL Bicycle Project-Planning Section Page 19 of 46

20 1. GENERAL PROVISIONS 1.1 DEFINATIONS II. GENERAL CONDITIONS OF CONTRACT Unless the context otherwise requires, the 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, as they may be issued and in force form time to time; b) "Contract " means the Contract signed by the parties, to which these General Conditions of Contract (GC) are attached, together with all the documents listed in Clause 1 of such signed Contract; c) "Effective Date" means the date on which this contract comes into force and effect pursuant of Clause GC 2.1. d) "Contract Price" means the price to be paid for the performance of the Services, in accordance with Clause 6; e) "GC" means these General Conditions of Contract; f) "Government" means the Government of Karnataka; g) "Local currency' means Indian Rupee; h) CPI means Commissioner for Public Instruction i) "Member" in case the Consultants consist of a joint venture of more than one entity, means any of these entities, and "Members" means all of these entities; "Member In Charge' means the entity specified in the SC to act on their behalf in exercising all the Consultants' rights and obligations towards the Client under this contract. j) "Party" means the Client of the Consultants as the case may be, and parties means both of them; k) "Personnel" means persons hired by the Consultants or by any Subconsultant as employees and assigned to the performance of the Services or any part hereof; and 'key personnel' means the personnel referred to in Clause GC 4.2 (a). l) "SC" means the Special Condition of Contract by which these General Conditions of Contract may be amended or supplemented; m) "Services' means the work to be performed by the Consultants pursuant to this Contract as described in Appendix A; and Bicycle Project-Planning Section Page 20 of 46

21 n) "Sub-consultant' means any entity to which the Consultants subcontract any part of the Services in accordance with the provisions of Clauses 3.5. and 4. o) "Third Party" means any person or entity other than the Government, the Client, the Consultants, or a Sub-Consultant. 1.2 Law Governing the Contract This Contract, its meaning and interpretation, and the relation between the parties shall be governed by the Applicable Law. 1.3 Language The Contract has been executed in English language, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract. 1.4 Notices Any notice, request or consent made pursuant to this Contract shall be in wiring and shall be deemed to have been made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent by registered mail, telex, telegram or facsimile to such Party at the address specified in the SC. 1.5 Location The Services shall be performed at such locations as are specified in Appendix A and, where the location of a particular task is not s specified, at such locations, whether in Karnataka or elsewhere, as the Client may approve. 1.6 Authorized Representative Any action required or permitted to be taken, and any document required or permitted to be executed, under this Contract by the Client or the Consultants may be taken or executed by the officials specified in the SC. 1.7 Taxes and Duties The Consultants, sub-consultants and their Personnel shall pay taxes, duties, fee and other impositions as may be levied under the Applicable Law, the amount of which except service tax is deemed to have been included in the Contract price. The service tax will be reimbursed to consultant on production of challan for having paid to Government. 2. Commencement, Completion, Modification and termination of Contract 2.1 Effectiveness of Contract This Contract shall come into effect on the date the Contract is signed by both Parties or such other latter dates as maybe stated in the SC. 2.2 Commencement of Services The Consultants shall begin carrying out the Services within thirty (30) days after the date the Contract becomes effective, or at such other date as may be specified in the SC. Bicycle Project-Planning Section Page 21 of 46

22 2.3 Expiration of Contract Unless terminated earlier pursuant to Clause 2.7 this Contract shall terminate at the end of such time period after the Effective Dates as is specified in the SC. 2.4 Modification Modification of the terms and conditions of this Contract, including any modification of the scope of the Services or of the Contract Price, may only be made by written agreement between the Parties. 2.5 Force Majeure Definition For the purposes of this Contract "Force Majeure" mean an event which is beyond the reasonable control of a Party, and which makes a Party's performance of its obligations under the Contract impossible or so impractical as to be considered impossible under the circumstances No Breach of Contract The failure of a Party to fulfill any of its obligations under the contract 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 (a) has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Contract, and (b) has informed the other Party as soon as possible about the occurrence of such an event Extension of Time 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 result of Force Majeure Payments During the period of their inability to perform the services as a result of an event of Force Majeure, the Consultants shall not be entitled for any payment as this is job under basis. 2.6 Suspension: The Client may by written notice of suspension to the Consultant, suspend all payments to the Consultants hereunder if the Consultants fail to perform any of their obligations under this contract, including the carrying out of the Service, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request the Consultants to remedy such failure within a period not exceeding thirty (30) days after receipt by the Consultant of such notice of suspension. 2.7 Termination By the Client The Client may terminate this Contract, by not less than thirty (30) days' written notice of termination to the Consultants, to be given after the occurrence of any of the events specified in paragraphs (a) through (d)of Bicycle Project-Planning Section Page 22 of 46

23 this Clause and sixty (60) days' in the case of the event referred to in (e): a) If the Consultants do not remedy a failure in the performance of their obligations under the Contract, within thirty(30) days of receipt after being notified or within such further period as the Client may have subsequently approved in writing; b) If the Consultants (or any of their Members) become insolvent or bankrupt; c) If, as the result of Force Majeure, the Consultants are unable to perform a material portion of the Services for a period of not less than sixty (60) days; or d) It the consultant, in the judgment of the Client has engaged in corrupt or fraudulent practices in competing for or in executing the Contract. For the purpose of this clause; "corrupt practice" means the offering, giving, receiving or soliciting of anything of value to influence the action of public official in the selection process or in contract or in contract execution. "fraudulent practice" means a misrepresentation of facts in order to influence a selection process or the execution of a contract of the detriment of GOK, and includes collusive practice among consultants (prior to or after submission of proposals) designed to establish prices at artificial non-competitive levels and to deprive GOK of the benefits of free and open competition. e) If the Client, in its sole, discretion and for any reason whatsoever, decides to terminate this Contract By the Consultants: The Consultant may terminate this Contract, by not less than thirty (30) days' written notice to the Client, such notice to be given after the occurrence of any of the events specified in paragraphs (a) through (c) of this Clause 2.7.2: a) If the Client fails to pay any monies due to the Consultants pursuant to this Contract and not subject to dispute pursuant to Clause 7 hereof within forty-five (45) days after receiving written notice from the Consultants that such payment is overdue; b) If the Client is in material breach of its obligations pursuant to this Contract and has not remedied the same with in forty-five (45) days (or such longer period as the Consultants may have subsequently approved in writting0 following the receipt by the Client of the Consultants' notice specifying such breach; Bicycle Project-Planning Section Page 23 of 46

24 c) If, as the result of Force Majeure, the Consultants are unable to perform a material portion of the Service for a period of not less than sixty (60) days Cessation of Rights and Obligations Upon termination of this Contract pursuant t Clause GC 2.7, or upon expiration of this Contract pursuant to Clause GC 2.3, all rights and obligations of the Parties hereunder shall cease, except: (i). (ii). (iii). (iv). Such rights and obligations as may have accrued on the date of termination or expiration; The obligation of confidentiality set forth in Clause GC 3.3 hereof; The Consultants' obligations to permit inspection, copying and auditing of their accounts and records set forth in Clause GC 3.5 (ii) hereof; and any right which a Party may have under the Applicable Law Cessation of Services Upon termination of this Contract by notice of either Party to the other pursuant to Clauses GC or GC hereof, the Consultants 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 Consultants and equipments and materials furnished by the Client. Consultants shall proceed as provided, respectively, by Clauses GC 3.8 and GC Payment upon Termination Upon termination of this contract pursuant to clauses GC or GC hereof, the Client shall make the following payments to the consultants (after offsetting against these payments any amount that may be due from the consultant to the client). a) Remuneration pursuant to clause GC 6 hereof for services satisfactorily performed prior to the effective date of termination. b) Reimbursable expenditures pursuant to clause GC 6 hereof for expenditures actually incurrent prior to the effective date of termination; and c) Except in the case of termination pursuant to paragraphs (a) through (b) of clause GC hereof, reimbursement of any reasonable cost incident to the prompt and orderly termination of the contract Disputes about events of Termination If either party disputes whether an event specified in paragraphs (a) through (e) of clause GC or in clause GC hereof has occurred, such party may, within forty-five (45) days after receipt of notice of termination from the other party, refer the matter to arbitration pursuant to clause GC 7 hereof, and this contract shall not be terminated on account Bicycle Project-Planning Section Page 24 of 46

25 of such event except in accordance with the terms of any resulting arbitral award. 3. Obligations of the Consultants 3.1 General The Consultants shall perform the services and carry out their obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional techniques and practices, and shall observe sound management practices, and employ appropriate advanced technology and safe and effective equipment, machinery, materials and methods. The consultants shall always act, in respect of any matter relating to this contract or to the services, as faithful advisers to the client, and shall at all times support and safeguard the client s legitimate interests in any dealings with subconsultants or Third Parties. 3.2 Conflict of Interests Consultants Not to Benefit from Commissions, Discounts, etc. The remuneration of the consultants pursuant to clause GC 6 hereof shall constitute the consultants sole remuneration in connection with this contract or the services and the consultants shall not accept for their own benefit any trade commission, discount or similar payment in connection with activities pursuant to this contract or to the services or in the discharge of their obligations hereunder, and the consultants shall use their best efforts to ensure that any sub-consultants, as well as the personnel and agents of either of them, similarly shall not receive any such additional remuneration Procurement Rules of Funding Agencies If the consultants, as part of the services, have the responsibility of advising the client on the procurement of goods, works or services, the Consultants shall comply with any applicable procurement guidelines of the funding agencies and shall at all times exercise such responsibility in the best interest of the client. Any discounts or commissions obtained by the consultants in the exercise of such procurement responsibility shall be for the account of the client Consultants and Affiliates Not to engage in Certain Activities The consultants agree that, during the term of this contract and after its termination, the consultants and any entity affiliated with the consultants, shall be disqualified from providing goods, works or services (other than the services and any continuation thereof) for any project resulting from or closely related to the services Prohibition of Conflicting Activities The consultants shall not engage, and shall cause their personnel their personnel not to engage, either directly or indirectly, in any of the following activities. Bicycle Project-Planning Section Page 25 of 46

26 a) During the term of this contract, any business or professional activities in GOK which would conflict with the activities assigned to them under this contract; and b) After the termination of this contract, such other activities as may be specified in the SC. 3.3 Confidentially The consultants, and the personnel of them shall not, either during the term or after the expiration of this contract, disclose any proprietary or confidential information relating to the project, the services, this contract or the client s business or operations without the prior written consent of the client. 3.4 Accounting, Inspection and Auditing The consultants (i) shall keep accurate and systematic account and records in respect of the services, hereunder, in accordance with internationally accepted accounting principles and in such form and detail as will clearly identify all relevant time charges and cost, and the bases thereof (including such bases as may be specifically referred to in the SC); (ii) shall permit the Client or its designated representative periodically, and up to one year from the expiration or termination of this contract, to inspect the same and make copies thereof as well as to have them audited by auditors appointed by the Client. 3.5 Consultant s Actions Requiring Client s Prior Approval The consultants shall obtain the Client s prior approval in writing before taking any of the following actions: a) entering into a subcontract for the performance of any part of the services, it being understood that the consultants shall remain fully liable for the performance of the services by its personnel pursuant to this contract; and b) Appointing, such members of the personnel as are listed in Appendix C ( Consultants Sub-consultants Key Personnel ) merely be title but not by name; c) Any other action that may be specified in the SC. 3.6 Reporting Obligations The Consultants shall submit to the client the reports and documents specified in Appendix B hereto, in the form, in the numbers and within the time periods set forth in the said Appendix 3.7 Documents Prepared by the Consultants to be the Property of the Client All plans, drawing, specifications, designs, reports, other documents and software prepared by the consultants for the client under this contract shall become and remain the property of the Client, and the consultants shall not later than upon termination or expiration of this contract, deliver all such documents to the client, together with a detailed inventory thereof. The consultants may retain a copy of such documents and software. Restrictions about the future use of these documents and software, if any, shall be specified in the SC. 3.8 Equipment and Materials Furnished by the Client Bicycle Project-Planning Section Page 26 of 46