Signature Not Verified
Digitally signed by Ankit Lohan
Date: 2021.04.01 17:12:41 IST
Location: Haryana-HR
GOVERNMENT OF HARYANA
DIRECTORATE OF URBAN LOCAL BODIES
Request for proposal for Selection of CAG empanelled Chartered Accountant Firms for
Implementation of Accrual Based Double Entry Accounting System (ABDEAS) in all the
Municipal Corporations/Councils /Committees of Hisar Cluster of HARYANA.
Request for Proposal
NIT No.1/REFORM(ABDEAS)/IT/DULB/2021 02/04/2021
Sale/Download of RFP document 02/04/2021 to 03/05/2021
Pre-Bid Meeting 09/04/2021
Submission of Proposal document 02/04/2021 to 03/05/2021
Opening of Proposals 03/05/2021
Volume I: Instruction to the Bidders (Structure of Proposal & Bid Process
Specifications)
Released by
Directorate of Urban Local Bodies, Haryana
Bays 11-14, Sector-4, Panchkula, Haryana
Phone: 0172-2560075
Fax No. 0172- 2570021 E-Mail: itcell-ulb@hry.gov.in,
Website: www.ulbharyana.gov.in
RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
Table of Contents
Disclaimer ......................................................................................................................... 7
Invitation to Proposal ....................................................................................................... 9
Proposal – Datasheet ..................................................................................................... 11
Definitions / Acronyms................................................................................................... 13
1. Introduction.............................................................................................................. 18
1.1. About Directorate of Urban Local Bodies, Haryana ........................................... 18
1.2. Project Background ........................................................................................... 18
1.3. Structure of RFP................................................................................................ 19
2. Instructions to Bidders............................................................................................ 21
2.1. General ............................................................................................................. 21
2.2. Pre – Qualification Criteria................................................................................. 22
2.3. Sub – Contracting.............................................................................................. 24
2.4. Joint Venture and Consortium ........................................................................... 24
2.5. Bidder to Inform................................................................................................. 24
2.6. Compliant Proposals / Completeness of Response ........................................... 25
2.7. Proposal Preparation Costs............................................................................... 25
2.8. Pre-Bid Meeting and Clarifications..................................................................... 25
2.8.1. Bidders Queries ............................................................................................. 25
2.8.2. Pre-Bid Meeting ............................................................................................. 26
2.8.3. Response to Pre-Bid Queries and Issue of Corrigendum ............................... 26
2.9. Bid Validity Period ............................................................................................. 27
2.10. Bid Prices .......................................................................................................... 27
2.11. Language .......................................................................................................... 28
2.12. Discount ............................................................................................................ 28
2.13. Only One Proposal and One Solution ................................................................ 28
3. Key Requirements of the Bid .................................................................................. 29
3.1. Right to Terminate the Process ......................................................................... 29
3.2. RFP Document Fees and Purchase .................................................................. 29
3.3. e-Tendering Portal e-Service Charges .............................................................. 29
3.4. Earnest Money Deposit (EMD) .......................................................................... 30
3.5. Submission of Proposal..................................................................................... 31
3.6. Authentication of Bids........................................................................................ 31
3.7. Bidders Authorization ........................................................................................ 31
3.8. Amendment of Request for Proposal................................................................. 31
3.9. Deviations and Exclusions................................................................................. 32
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
3.10. Local Conditions................................................................................................ 32
3.11. Venue & Deadline for Submission of Proposals................................................. 33
3.12. Modification and Withdrawal of bids .................................................................. 33
3.13. Address of Correspondence .............................................................................. 33
3.14. Contacting the DULB......................................................................................... 33
3.15. DULB / ULB Site Visit by Bidder ........................................................................ 33
3.16. Bidder Related Conditions ................................................................................. 34
3.17. Bid Submission.................................................................................................. 34
3.18. Contents of Bid on e-Tendering Portal............................................................... 35
3.18.1. Technical Proposal..................................................................................... 35
3.18.2. Commercial Bid .......................................................................................... 36
3.19. Openings of Bids ............................................................................................... 36
3.19.1. Technical Envelope (T1)............................................................................. 37
3.19.2. Commercial Envelope (C1) ........................................................................ 37
4. Evaluation of Bids ................................................................................................... 38
4.1. Preliminary Examination of Bids ........................................................................ 38
4.2. Clarification of Bids............................................................................................ 39
4.3. Technical Bid Evaluation ................................................................................... 39
4.4. Commercial Bid Evaluation ............................................................................... 46
4.5. Award Criteria ................................................................................................... 47
4.6. Right to Accept Any Proposal and Reject Any or All Proposal(s) ....................... 47
4.7. Right to Vary Scope of Contract ........................................................................ 47
4.8. Notification of Award ......................................................................................... 48
4.9. Contract Finalization and Award........................................................................ 48
4.10. Negotiations with the Successful Bidder ............................................................ 48
4.11. Performance Bank Guarantee ........................................................................... 48
4.12. Advance Bank Guarantee ................................................................................. 49
4.13. Signing of Contract............................................................................................ 49
4.14. Failure to Agree with the Terms and Conditions of the RFP .............................. 49
5. Rejection Criteria ..................................................................................................... 49
5.1. General Rejection Criteria ................................................................................. 49
5.2. Commercial Rejection Criteria ........................................................................... 50
6. Payment Schedule................................................................................................... 51
7. Annexures ................................................................................................................ 53
7.1. Annexure - Pre-qualification Bid Forms ............................................................. 53
7.1.1. Compliance Sheet for Pre-Qualification Proposal .......................................... 53
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
7.1.2. Format for Bank Guarantee for Earnest Money Deposit................................. 55
7.1.3. Particulars of the Bidder................................................................................. 57
7.1.4. Details of ineligibility for corrupt or fraudulent practices / blacklisted with any of
the Government or Public-Sector Undertaking or Local Governments ......................... 58
7.1.5. Details of Experience of Bidder in Various projects ........................................ 60
7.2. Annexure: Technical Bid Format ....................................................................... 62
7.2.1. Compliance Sheet for Technical Proposal ..................................................... 62
7.2.2. Technical Bid- Covering Letter ....................................................................... 65
7.2.3. Certificate of Conformity/ No Deviation .......................................................... 68
7.2.4. CV format for Proposed Resources ............................................................... 69
7.2.5. Approach & Methodology............................................................................... 70
7.2.6. Project Plan ................................................................................................... 71
7.2.7. Format of Deployment of Personnel............................................................... 72
7.2.8. Team Composition......................................................................................... 72
7.3. Annexure - Format for Commercial proposal ..................................................... 73
7.3.1. Commercial Bid Cover Letter ......................................................................... 73
7.3.2. Details of cost components (BOQ format) ...................................................... 74
7.4. Annexure - Format for Performance and Advance Bank Guarantee .................. 78
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
Disclaimer
1. This Request for Proposal ("RFP") is issued by Directorate of Urban Local Bodies,
Haryana (DULB).
2. The information contained in this Request for Proposal document (“RFP”) or subsequently
provided to Bidders, whether verbally or in documentary or any other form by or on behalf
of the DULB (the Client) or any of its employees or advisors, is provided to Bidders, on the
terms and conditions set out in this RFP.
3. This RFP is not a Contract and is neither an offer nor invitation by the Client to the
prospective Bidders or any other person. The purpose of this RFP is to provide interested
parties with information that may be useful to them in the formulation of their Proposals in
pursuant to this RFP. This RFP includes statements, which reflect various assumptions
and assessments arrived at by the Client in relation to the project. Such assumptions,
assessments and statements do not purport to contain all the information that each Bidder
may require. This RFP may not be appropriate for all persons, and it is not possible for the
Client, its employees or advisers to consider the objectives, technical expertise and
particular needs of each party, who reads or uses this RFP. The assumptions,
assessments, statements and information contained in this RFP, may not be complete,
accurate, adequate or correct. Each Bidder should, therefore, conduct his own
investigations and analysis and should check the accuracy, adequacy, correctness,
reliability and completeness of the assumptions, assessments and information contained
in this RFP and obtain independent advice from appropriate sources.
4. Information provided in this RFP to the Bidders is on a wide range of matters, some of
which depends upon interpretation of law. The information given is not an exhaustive
account of statutory requirements and should not be regarded as a complete or
authoritative statement of law. The Client accepts no responsibility for the accuracy or
otherwise for any interpretation or opinion on the law expressed herein. The Client, its
employees and advisers make no representation or warrants and shall have no liability to
any person including any Bidder under any law, statute, rules or regulations or tort,
principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or
expense which may arise from or be incurred or suffered on account of anything contained
in this RFP or otherwise, including the accuracy, adequacy, correctness , reliability or
completeness of the RFP and any assessment, assumption, statement or information
contained therein or deemed to form part of this RFP or arising in any way in this selection
process.
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
5. The Client also accepts no liability of any nature, whether resulting from negligence or
otherwise, however caused, arising from reliance of any applicant upon the statements
contained in this RFP.
6. The Client may, in its absolute discretion, but without being under any obligation to do so,
update, amend or supplement the information, assessment or assumption contained in
this RFP. The issue of this RFP does not imply that the Client is bound to select a Bidder
or to appoint the Selected Bidder, as the case may be, for this project and the Client
reserves the right to reject all or any of the proposals, without assigning any reason
whatsoever.
7. DULB or its authorized officers / representatives / advisors reserve the right, without prior
notice, to change the procedure for the selection of the Successful Bidder or terminate
discussions and the delivery of information at any time before the signing of any agreement
for the Project, without assigning reasons thereof.
8. The RFP Document does not address concerns relating to diverse investment objectives,
financial situation and particular needs of each party. The RFP Document is not intended
to provide the basis for any investment decision and each Bidder must make its / their own
independent assessment in respect of various aspects of the techno-economic feasibilities
of the Project. No person has been authorized by DULB to give any information or to make
any representation not contained in the RFP Document.
9. The Bidder shall bear all its costs associated with or relating to the preparation and
submission of its Proposal including but not limited to preparation and expenses
associated with any demonstrations or presentations which may be required by the Client
or any other costs incurred in connection with or relating to its Proposal. All such costs and
expenses shall remain with the Bidder and the Client shall not be liable in any manner
whatsoever for the same or for any other costs or other expenses incurred by a Bidder, in
preparation for submission of the Proposal, regardless of the conduct or outcome of the
selection process.
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
Invitation to Proposal
Directorate of Urban Local Bodies, Haryana (DULB) hereby invites Proposals from reputed,
competent and professional CA Firms, who meet the minimum eligibility criteria as specified
in this bidding document for Implementation of accrual based double entry accounting systems
in all the Municipal Corporations / Councils / Committees of Hisar Cluster of Haryana within
the scope mentioned in the Volume II – Scope of Work including Functional Specification of
the RFP. The complete bidding document shall be published on
https://www.etenders.hry.nic.in. for the purpose of downloading. The downloaded bidding
document shall be considered valid for participation in the electronic bidding process (e-
Procurement/ e-Tendering) subject to the submission of required tender/ bidding document
fee online.
Bidder is advised to study this RFP document carefully before submitting their proposals in
response to the RFP Notice. Submission of a proposal in response to this notice shall be
deemed to have been done after careful study and examination of this document with full
understanding of its terms, conditions and implications.
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
Proposal – Datasheet
SL. Details
Information Directorate of Urban Local Bodies, Haryana
No.
1. RFP Issuing Authority
2. RFP Issue Date and Time 02/04/2021 @ 09:00 AM
The RFP can be downloaded from the e-
3. Availability of RFP documents
Tendering Website https://www.etenders.hry.nic.in
INR 5,000/- (Indian Rupees Five thousand only) to
be paid at e-Tendering Portal
4. Non- Refundable Tender Fee
The scan of the receipt of Tender Fee is to be
uploaded as part of the Technical Proposal.
Non- Refundable e-Service INR 1,180/- (INR One thousand One hundred and
5. Eighty only) to be paid at e-Tendering Portal
https://etenders.hry.nic.in
Charges The scan of the receipt of e-Service Charges is to be
uploaded as part of the Technical Proposal.
INR 2,50,000/- by Bank Guarantee as per format
provided in this volume of RFP.
Earnest Money Deposit The scan of the EMD is to be uploaded as part of the
6. Technical Proposal. Original EMD to be submitted to
(EMD)
the Directorate of Urban Local Bodies, Haryana
office before 03/05/2021 @ 02:30PM
Last date and time for 08/04/2021 @ 5:00 PM
7. submission of queries for Only through email to itcell-ulb@hry.gov.in
Queries for Clarifications sent through any other
clarifications medium shall not be considered.
09/04/2021 @ 12:00 Noon
Date, time and venue of pre- Venue: Conference Hall, Directorate of Urban Local
8. bid meeting Bodies, Bays 11-14, Sec-4, Panchkula, Haryana
and on Video Conferencing through Microsoft
teams link below after the table.
9. Posting of responses to Only on https://www.etenders.hry.nic.in
queries by DULB (on website)
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
SL. Details
Information
03/05/2021 @ 01:00 PM only through e-tender
No. system
Last date and time for
03/05/2021 @ 11:00 AM
10. submission of proposals in (at e-Tendering Portal: https://etenders.hry.nic.in)
response to RFP notice 03/05/2021 @ 02:30PM
Venue:
11. Last Date for Sale of Tender Conference Hall, Directorate of Urban Local
Bodies office, Haryana, Bays 11-14, Sector-4,
Date, time and venue of Panchkula,
opening of Technical Haryana – 134112.
12.
Proposals received in To be intimated to technical qualified bidders later
response to the RFP notice
Place, time and date of Proposals and all the supporting (i.e. work order/
opening of Financial agreement/ certificate) should be submitted in
13. English only. (If supporting in other than English,
Proposals received in bidder must submit the self-certified copy of all the
response to the RFP notice related documents translated in English along with
copy of original work order/ agreement/
14. Language certificate).
Bidder must submit original hard copy of Power of
15. Power of Attorney Attorney to the Directorate of Urban Local Bodies,
Haryana office before 03/05/2021 @ 02:30PM
Name and address for For clarification and communication purposes
communication, seeking Bidder make contact:
16. Chief Engineer -II (Information Technology),
clarifications and submission Directorate of Urban Local Bodies, Haryana,
of proposal Bays 11-14, Sector-4, Panchkula
0172-2560075
e-mail: itcell-ulb@hry.gov.in
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
SL. Details
Information
Proposals must remain valid up to 180 (One
No. Hundred & Eighty) days from the last date of
17. Bid validity submission of the Bid.
The method of selection is Least Cost Method (L1)
18. Method of Selection Note: Bidder with minimum 70% marks in
technical qualification shall be consider under
Certificate issued by financial qualification
19. Chartered Accountant as All certificate(s) issued by Chartered Accountant
as supporting documents in the Bidder proposal
supporting to Proposal should contain Unique Document Identification
Number (UDIN).
VC Link for Prebid Meeting on 09/04/2021 @ 12:00 Noon:
https://teams.microsoft.com/l/meetup-
join/19%3ameeting_YmM5MDNiYTUtYmY0Yy00Mzk3LTk3YzEtOTUxMzUyMDQ4Yzhi%40t
hread.v2/0?context=%7b%22Tid%22%3a%22086de253-fb21-416f-9478-
e4d3e73a5639%22%2c%22Oid%22%3a%227f64d211-8871-4acc-98b9-
6512fdeb08cf%22%7d
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
Definitions / Acronyms
SL. Term / Description
No. Acronyms
1. ABDEAS Accrual Based Double Entry Accounting Systems
2. Bid Offer by the Bidder to fulfil the requirement of the client for an agreed
price. It shall be a comprehensive technical and commercial
response to the RFP
3. Bidder The Bidder must be Partnership Firm/ LLP/ Sole Proprietorship who
4. BG has the capabilities to deliver the entire scope of work as specified in
the RFP
Bank Guarantee
5. CAG Comptroller and Auditor General of India, an authority which is
6. CA Firms established under Article 148 of the constitution of India.
7. DEAS
Chartered Accountant Firms within the meaning of Chartered
Accountant Act 1949.
Double Entry Accounting System
Services agreed to be delivered by the Bidder in pursuance of the
8. Deliverables Master Service Agreement as defined more elaborately in the RFP
for implementation of Accrual based double entry accounting
systems across the Urban Local Bodies of Hisar Cluster of Haryana
9. DULB Directorate of Urban Local Bodies, Haryana
The date on which the Contract Agreement for this RFP comes into
10. Effective Date
effect
11. EMD Earnest Money Deposit
12. e-Procurement Means the Government of Haryana electronic tendering system listed
portal at https://www.etenders.hry.nic.in
13. GoH Government of Haryana
14. HMAC Haryana Municipal Accounts Code
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
SL. Term / Description
No. Acronyms
15. HO Head Office
16. ICAI The Institute of Chartered Accountants of India
17. LCS Least Cost Selection
18. LOI Letter of Intent
19. LOA Letter of Award
20. MoU Memorandum of Understanding
21. MSA Master Service Agreement
22. NMAM National Municipal Accounts Manual
Non- Means failure / refusal to comply with the terms and conditions of the
23. RFP
Compliance
Means failure to furnish complete information in a given format and
manner required as per the tender documents or non-submission of
tender offer in given forms / proforma or not following procedure
24. Non-responsive
mentioned in this tender or any of required details or documents is
missing or not clear or not submitted in the prescribed format or non-
submission of tender fee/ EMD/ PoA
25. PBG Performance Bank Guarantee
26. PSU Public Sector Undertaking
27. POA
28. RFP Power of Attorney
29. Service Level Request for Proposal issued bearing reference No. and dated issued
30. SLA by the DULB
The level of service and other performance criteria which shall apply
to the Services and as set out in the Service Level Agreement (SLA);
Service Level Agreement; Performance and Maintenance SLA
executed as part of this Master Service Agreement;
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
SL. Term / Description
No. Acronyms
31. SOP Standard Operating Procedure
The bidder who is qualified & successful in the bidding process and
Successful is awarded the work
32. means the consulting firm selected by the Client to provide the
Services under this Agreement and is described in the recitals of this
Bidder Agreement
Selected ULB means Urban Local Bodies that includes Municipal
33. Corporations/ Municipal Councils/ Municipal Committees.
Agency
34. ULB
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
SECTION – 1:
INTRODUCTION
1. Introduction
1.1. About Directorate of Urban Local Bodies, Haryana
Urban Local Bodies are the constitutionally provided administrative units to provide
basic infrastructure and services in urban areas i.e. cities and towns. The Directorate
of Urban Local Bodies Department, Haryana was established on 1 April 1982 to lay a
solid foundation for the Urban Development in the State of Haryana. For efficient and
effective service delivery, the Department continuously replace traditional delivery
system of public services by new and improved system of governance that works
better, costs less and is capable of serving the citizens’ needs with ease.
The Directorate of Urban Local Bodies is headquartered at Panchkula, Haryana and
the Municipal Corporations, Councils and the Committees are located across Haryana.
At present, there are 11 Municipal Corporations, 21 Municipal Councils and 57
Municipal Committees in the state which are headed by Municipal Commissioners and
Executive officer depending on the categories of ULBs.
1.2. Project Background
1. Most ULBs in the Haryana, in present scenario maintaining books of accounts on
cash based Single Entry Accounting System, which is based on the Haryana
Account Code, 1930. For preparing the financial statements and reporting, ULBs
are need to maintain the various records such as Cash Book, Register of Deposits,
Register of Tools, Equipments, Plants and Liabilities payable etc. However, in
practice, it is observed that many of these records are not updated by ULBs on
regular basis & thus available data at any point of time is insufficient to arrive at
actual financial position of ULBs. Accounting and financial reporting in ULBs needs
to be strengthened and modernized urgently. ULBs are required to follow the
Accrual Based Double Entry Accounting system as prescribed by Directorate of
Urban Local Bodies, Haryana.
The Directorate of Urban Local Bodies expects that it would substantially enhance
capacity of ULBs in Accounting and Financial reporting.
2. The 74th Constitutional Amendment Act, 1992 (CAA) gave constitutional status to
ULBs in India and empowered them to function as local self-governments to
provide good urban governance. One of the many facets of improved good urban
governance is maintaining of complete set of accounting records to ensure
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
accountability and transparency in all government functions. This necessitates all
ULB to convert their existing accounting and financial management system to such
methods which have wide acceptance.
Adoption & implementation of ABDEAS would enable ULB in:
Right decisions, which leads to efficiency,
Increased transparency & accountability in utilization of public fund,
Standard system used by business and other organization to record
financial transactions
The accrual method of accounting, is a complete accounting system and
focuses on the income statement and balance sheet
Income and Expenditure present their Income and Expense for an
accounting period and Balance Sheet gives financial position of an ULB
as at a given date, which exhibits its assets, liabilities, capital, reserve
and other account balances at their respective book values.
Accrual method or basis of accounting records income in the period
earned and records expenses and capital expenditures such as
buildings, land, equipment, and vehicles in the period incurred. The
purpose is to properly match income and expenses in the correct period.
ULBs can play their role effectively leading to better service delivery to
the citizens.
3. Accrual based Double Entry Accounting Reform is a mandatory reform of GoI
flagship programmes, and is one of the conditions stipulated by the 13, 14 & 15
Finance Commission and AMRUT etc. Government of Haryana now envisions the
adoption of Accrual Based Double Entry Accounting Reform in all ULBs of the
state.
1.3. Structure of RFP
Directorate of Urban Local Bodies, Haryana invites online bids from eligible parties
(hereafter referred as “Bidders”) for implementation of accrual based double entry
accounting system in all the Municipal Corporations / Councils / Committees of Hisar
Cluster.
This Request for Proposal (RFP) document comprises of the following three volumes:
RFP Volume 1: Instruction to the Bidders - Structure of Proposal & Bid Process
Specifications
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
Volume I detail the instructions with respect to the bid process management,
technical evaluation framework, and the technical and financial forms.
RFP Volume II: Scope of Work
Volume II of the RFP provides information regarding the scope of work including
business requirements, services to be covered and corresponding documentation,
scope of work for the selected bidder.
RFP Volume III: Master Service Agreement
Volume III contains the Service Level Agreements, contractual, legal terms &
conditions applicable for the proposed engagement.
The bidders are expected to respond to the requirements as completely and in as much
relevant detail as possible and focus on demonstrating bidders’ suitability to be
selected. The bidders are expected to examine all instructions, forms, terms, Project
requirements and other information in the RFP documents. Failure to furnish all
information required as mentioned in the RFP documents or submission of a proposal
not substantially responsive to the RFP documents in every respect will be at the
Bidders risk and may result in rejection of the proposal.
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
SECTION – 2:
INSTRUCTIONS TO BIDDERS
2. Instructions to Bidders
2.1. General
i. While every effort has been made to provide comprehensive and accurate background
information and requirements and specifications for the implementation of project, but
bidders may form their own conclusions about the solution needed to meet the
requirements as per the scope and change management of this RFP.
ii. All information supplied by the successful bidder may be treated as contractually binding
on the bidder after successful award of the assignment is made on the basis of this RFP.
iii. No commitment of any kind, contractual or otherwise shall exist unless and until a formal
written contract has been executed by or on behalf of DULB. DULB may cancel this public
procurement at any time prior to a formal written agreement being executed by or on
behalf of DULB.
iv. This RFP supersedes and replaces any previous public documentation and
communications, and bidders should place no reliance on such communications.
v. DULB invites proposals (“Bids”) to this Request for Proposal (“RFP”) from prospective
bidders for “Selection of CAG Empanelled CA Firms for implementation of accrual based
double entry accounting system with handholding support for all the Municipal
Corporations / Councils / Committees of Hisar Cluster” as described in the Scope of work
in Volume - II of this RFP.
vi. The tenure of the contract of the successful bidders shall be as per defined Scope of
work in Volume - II of this RFP.
vii. Physical submission of the documents (as required for fulfilling conditions of RFP) must
be received not later than time, date and venue mentioned in the Proposal Data Sheet.
Documents that are received late SHALL NOT be considered in this procurement
process.
viii. Bidders are advised to study the tender document carefully. Submission of bid shall be
deemed to have been done after careful study and examination of the tender document
with full understanding of its implications.
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
2.2. Pre – Qualification Criteria
Minimum Minimum Eligibility Criteria Supporting Document
# Eligibility description
Criteria
The Bidder must be a Chartered
Accountant Firm registered with
1. Bidder’s Profile ICAI and operational in India since Copy of ICAI Registration
last 5 (Five) years from the date of Certificate.
publish of this RFP and must
remain operational thereafter.
I. Copy of Certificate of
I. The Bidder must be registered Incorporation/
under the Limited Liability Partnership Deed/
2. Legal Entity Partnership Act, 2008/ The Registration Certificate.
Indian Partnership Act,1932 / II. Copy of CAG
as amended/Sole Proprietor Empanelment letter
II. The Bidder must be active (valid as on the date of
CAG empanelled submission)
Valid Goods The Bidder must be registered Valid Goods and Service
with the Goods and Service Tax Tax (GST) Registration
3. and Service (GST) Authorities. Certificate
Tax
Registration
The Bidder must not be under a
declaration of ineligibility/ banned The Bidder must submit
/blacklisted by any State or an affidavit/ self-
Central Government/ any other certificate to this effect
4. Blacklisting by Government institutions in India signed by authorized
Govt. for any reason as on last date of signatory as mentioned
submission of the Bid or convicted in the RFP
of economic offence in India for
any reason as on last date of bid
submission.
Average Annual sales turnover of Audited financial
Bidder generated from services statements / extracts
related to consultancy for last from the audited balance
three financial years (FY 2017-18, sheet and profit and loss
5. Financial FY 2018-19 and FY 2019-20), statements for the last
Turnover
should be at least INR 50 Lakhs. three financial years
NOTE: For this criterion, audited (FY 2017-18, FY
standalone turnover of only the 2018-19 and FY 2019-
bidding entity will be considered. 20)
Turnover of any parent,
and
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
Minimum Minimum Eligibility Criteria Supporting Document
# Eligibility description
Criteria subsidiary, associated or other Certificate from
related entity will not be
6. Net Worth considered. Statutory Auditor/
Chartered Accountant
on turnover for the last
three financial years.
Certificate from the statutory
The Net Worth / Cash flow of auditor/ Chartered
Bidder must be positive during last
three financial years (FY 2017-18, Accountant of Bidder for the
FY 2018-19 and FY 2019-20).
last three financial years (FY
2017-18, FY 2018-19 and
FY 2019-20)
For Completed Projects:
The Bidder must have successfully Work Order/ Contract
completed, or ongoing projects at Agreement + Completion
least the following number/(s) of Certificates from the client
project(s) for implementation of
OR
accrual based double entry Work order/ Contract
accounting systems of value Agreement + Self certificate
specified herein:
of completion & receipt of
- One project of implementation of payment from client
7 (a) ABDEAS not less than the amount (Certificate by the statutory
Experience in INR 40 Lakhs auditor/ chartered
implementing OR, accountant);
7.
similar projects For Ongoing Projects
- Two projects of implementation of
ABDEAS not less than the amount Work Order/ Contract
equal to INR 25 Lakhs each Agreement + Certificate
OR, from the client/ Self-
certificate for
- Three projects of implementation implementation
of ABDEAS not less than the and
amount equal to INR 20 Lakhs Receipt of payment from
each. client (Certificate by the
statutory auditor/
chartered accountant);
7 (b) The Bidder should have at least 3 For Completed Projects:
Experience in
8. years of experience of working in Work Order/ Contract
the accounting and financial Agreement + Completion
implementing management (excluding internal Certificates from the client
and statutory audit) in Central or
23
RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
Minimum Minimum Eligibility Criteria Supporting Document
# Eligibility description
Criteria State Government sector/ Public OR
Sector Undertaking (PSUs)/ ULB
projects with in India. Work order/ Contract
Govt. entities
Agreement + Self certificate
of completion & receipt of
payment from client
(Certificate by the statutory
auditor/ chartered
accountant);
For Ongoing Projects
Work Order/ Contract
Agreement + Certificate
from the client/ Self-
certificate for
implementation
And
Receipt of payment from
client (Certificate by the
statutory auditor/
chartered accountant);
The head office/ branch office Valid GST registration
9. Office Location of the Bidder must be situated certificate/ Copy of ICAI
Registration Certificate.
in Chandigarh/ Haryana/ Delhi.
NOTE:
Bidder shall highlight all important details required for this PQ criteria in their documentation
submitted.
2.3. Sub – Contracting
Bidder can sub-contract/ outsource the work to the extent of survey and listing of
movable and immovable assets of ULBs.
2.4. Joint Venture and Consortium
Joint venture and consortium shall not be allowed for any part or whole of the project
2.5. Bidder to Inform
The bidder shall be deemed to have carefully examined the Terms and Conditions,
Scope of work, Service levels and all other terms and conditions defined in this RFP.
If bidder shall have any doubt as to the meaning of any portion of these conditions or
of the specifications he shall, before the last date for submission of pre-bid queries, set
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
forth the particulars thereof, and submit them to DULB in writing in order that such
doubt may be removed.
2.6. Compliant Proposals / Completeness of Response
a) Bidders are advised to study all instructions, forms, terms, requirements and other
information in the RFP documents carefully. Submission of the bid shall be deemed
to have been done after careful study and examination of the RFP document with
full understanding of its implications.
b) Failure to comply with the requirements as mentioned below may render the
proposal non-compliant and the proposal may be rejected. Bidders must:
i. Include all documentation specified in this RFP;
ii. Follow the format of this RFP and respond to each element in the order as set
out in this RFP
iii. Comply with all requirements as set out within this RFP.
c) Bidder should not propose multiple options for the projects, it should be as per the
request for proposal.
d) For all the components, wherever applicable, bidder needs to provide the data
sheets of the offered services.
2.7. Proposal Preparation Costs
a) The bidder shall be responsible for all costs incurred in connection with
participation in the RFP process, including, but not limited to, costs incurred in
conduct of informative and other diligence activities, participation in
meetings/discussions/presentations, preparation of proposal, in providing any
additional information required by client to facilitate the evaluation process and in
negotiating a definitive contract or all such activities related to the bid process.
b) DULB will in no case be responsible or liable for those costs, regardless of the
conduct or outcome of the bidding process.
2.8. Pre-Bid Meeting and Clarifications
2.8.1. Bidders Queries
i. Any clarification regarding the RFP document and any other items related
to this project can be submitted to DULB as per the submission mode and
timelines mentioned in the Proposal Data sheet.
ii. Any requests for clarifications post the indicated date and time shall not be
entertained by DULB. Further, DULB will reserve the right to issue
clarifications.
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
iii. Pre-bid queries of only those bidders would be considered who shall send
the same through e-mail ID’s provided in the proposal Data sheet. Pre-bid
Queries for Clarifications received through any other medium shall NOT be
considered for issuing clarifications.
iv. It is necessary that the pre-bid queries must be submitted in word or excel
sheet format (editable version), along with name and details of the
organization submitting the pre- bid queries as mentioned below:
Name of Person(s) Representing the Organisation:
Name of Person Designation Email-ID(s) Tel. Nos. & Fax
Nos.
S. RFP Document Reference Content of RFP Points of
Requiring Clarification
No (s)
Clarifications
(Page Number and Section
Number)
1.
2.
3.
4.
2.8.2. Pre-Bid Meeting
DULB shall hold a pre-bid meeting with the prospective bidders as mentioned
in the Proposal Data Sheet.
2.8.3. Response to Pre-Bid Queries and Issue of Corrigendum
a) DULB will formally respond to the pre-bid queries after the pre-bid meeting.
b) DULB will endeavour to provide timely response to all queries. However,
DULB makes no representation or warranty as to the completeness or
accuracy of any response made in good faith, nor does DULB undertake to
answer all the queries that have been posed by the bidders.
c) At any time prior to the last date for receipt of bids, DULB may, for any
reason, whether at its own initiative or in response to a clarification
26
RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
requested by prospective Bidders, modify the RFP Document by a
corrigendum.
d) The Corrigendum (if any) & clarifications to the queries from all bidders will
be posted on the e-tendering url.
e) Any such corrigendum shall be deemed to be incorporated into this RFP.
f) In order to provide prospective Bidders reasonable time for taking the
corrigendum into account, DULB may, at its discretion, extend the last date
for the receipt of Proposals.
g) Notifications regarding extensions, corrigendum, will be published on the
website mentioned in the tender schedule and there shall be no paper
advertisement.
2.9. Bid Validity Period
Bid shall remain valid for the time mentioned in the Proposal Datasheet. In exceptional
circumstances, at its discretion, DULB may solicit the Bidder’s consent for an
extension of the validity period. The request and the response shall be made in writing.
2.10. Bid Prices
a) Prices quoted must be final and shall remain constant throughout the period of
the contract and shall not be subject to any upward modifications, on any
account whatsoever. The Bid Prices shall be indicated in Indian Rupees (INR)
only.
b) The Commercial Bid should clearly indicate the price to be charged without any
qualifications whatsoever.
c) Bidders shall indicate and provide the activity wise costing inclusive of all taxes,
duties and levies in the Commercial Bid format provided in this RFP.
d) All taxes, duties, charges and levies payable under respective statutes shall be
borne by the selected Agency.
e) Taxes, duties, and levies would be on the prevailing rate on the day of billing, if
there are any changes in Government Statues on taxes, duties and levies or if
there is an introduction of new taxes, duties and levies, then the appropriate
party would be benefited accordingly.
f) A proposal submitted with an adjustable price quotation or conditional proposal
shall be treated as non-responsive and the bid may be rejected.
g) The Bidders shall prepare the bid based on details provided in the tender
documents. It must be clearly understood that the Scope of Work is intended to
give the Bidders an idea about the order and magnitude of the work and is not
in any way exhaustive and guaranteed by DULB. The Bidders shall carry out all
the tasks in accordance with the requirement of the tender documents and it
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
shall be the responsibility of the Bidders to fully meet all the requirements of the
tender documents.
h) If at any stage, during the contract, if the client identifies that the approach/
project plan/ schedule/ work conducted does not meet the functional
requirements, conceptual design, performance requirements/ SLA, and other
requirements of Tender, the Bidders shall revise the required work plan/
approach/quality of work as required. No additional cost shall be reimbursed for
the bidder for the same.
2.11. Language
The proposal should be filled by the bidders in English language only. If any
supporting documents submitted are in any language other than English, self-
certified translation of the same in English language along with copy of the original
documents need to be submitted in proposal by the bidders. For purposes of
interpretation of the documents, the English translation shall govern.
2.12. Discount
The Bidders are advised not to indicate any separate discount. Discount, if any,
should be merged with the quoted prices. Discount of any type, indicated
separately, will not be taken into account for evaluation purpose.
2.13. Only One Proposal and One Solution
If a Bidder submits or participates in more than one Proposal and / or presents the
solution which is not under the scope of work defined in the RFP Volume -II, such a
Bidder shall be disqualified.
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
SECTION – 3:
KEY REQUIREMENTS OF BID
3. Key Requirements of the Bid
3.1. Right to Terminate the Process
a) DULB may terminate the RFP process at any time and without assigning any
reason. DULB makes no commitments, express or implied, that this process will
result in a business transaction with anyone.
b) This RFP does not constitute an offer by DULB. The bidder's participation in this
process may result in DULB selecting the bidders to engage towards execution of
the contract.
3.2. RFP Document Fees and Purchase
a) Bidders shall download the RFP document from the e-Tendering Portal as
mentioned in the Datasheet provided in this volume of the RFP. Downloading of
the RFP documents shall be carried out strictly in accordance with instructions
provided on the e-Tendering Portal.
b) Tender Fee as per proposal datasheet shall be paid online through e-Procurement
portal.
c) Without the payment of the RFP Tender Document Fee, Bids shall be construed
as incomplete and non-responsive, and shall not be considered for further
evaluation – i.e. such Bids shall be rejected.
d) RFP Tender Document Fee is non-refundable and shall not be exempted for any
category of Bidders.
3.3. e-Tendering Portal e-Service Charges
a) Bidders shall be required to pay e-Tendering Portal e-Service Charges as specified
in the Datasheet provided in this volume of the RFP along with their Bids. Bidders
shall note that e-Tendering Portal e-Service Charges have to be paid with every
Bid submitted by the Bidder on the e-Tendering Portal specified in the Datasheet
provided in this volume of the RFP.
b) Payment of e-Tendering Portal e-Service Charges shall be through online mode at
the facility made available on e-Tendering Portal.
c) Instructions required to make payment of e-Tendering Portal e-Service Charges
shall be available on e-Tendering Portal.
d) Bidders are advised to maintain a copy of payment of their e-Tendering Portal e-
Service Charges for future reference.
e) e-Tendering Portal e-Service Charges are non-refundable and shall not be
exempted for any category of Bidders.
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
3.4. Earnest Money Deposit (EMD)
a) EMD of value specified in Datasheet provided in this volume of the RFP shall be
paid through Bank Guarantee as per format specified in Annexure of this Volume
of the RFP. No exemption shall be granted to any category of Bidders from
submitting the EMD. EMD in any other form / format will NOT be entertained.
b) Bidders shall submit original copy of the EMD Bank Guarantee to DULB office as
specified in the Datasheet before opening of Technical Bid and softcopy of the
same shall be uploaded online at the e-Tendering Portal as part of the proposal
that are submitted by Bidders in response to this RFP. The EMD is required to
protect the DULB against the risk of Bidders conduct, which would warrant the
EMD forfeiture.
c) The BG shall be valid up to 6 Months (180 days) after the last date of bid
submission. BG may be verified independently by DULB with the bank before
finalisation of technical offers; In the event of lack of confirmation of issue of the
BG by the bank, the bid shall stand disqualified.
d) EMD of Bidders declared non-responsive in Preliminary Examination of Bids will
be returned by DULB within 7 days after completion of Preliminary Examination of
Bids and written request from the disqualified bidders.
e) EMD of technically disqualified Bidders would be returned by DULB within 7 days
after notification of results of Technical Evaluation and written request from the
disqualified bidders.
f) EMD of all unsuccessful bidders (after Commercial Bid Evaluation) would be
refunded by DULB within 15 days of notification of award of contract and written
request from the unsuccessful bidders.
g) The EMD of the successful bidder would be returned upon submission of
Performance Bank Guarantee by the successful bidder.
h) The EMD amount is interest free and will be refundable without any accrued
interest on it.
i) In case bid is submitted without the EMD then DULB will reject the bid without
providing opportunity for any further correspondence to the bidder concerned.
j) The EMD may be forfeited:
If a bidder withdraws its bid during the period of bid validity.
Bidder fails to provide required information during the Evaluation process or is
found to be non-responsive
If the successful bidder fails to provide the Performance Bank Guarantee as
required within 15 days from the date of issue of letter of intent (LoI).
After requisite approval from DULB, if the successful bidder fails to sign the
Agreement in accordance with this RFP within 21 days from the date of
received of Performance Bank Guarantee by DULB.
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
3.5. Submission of Proposal
a) The bidders should submit their responses as per the format and instructions
specified at the eProcurement portal (https://www.etenders.hry.nic.in) being used
for the purpose. The items to be uploaded on the portal would include all the related
documents mention in this RFP, such as:
Physical submission of documents listed in this volume of the RFP
Pre-Qualification Proposal
Technical Proposal
Commercial Proposal
b) Please note that, the prices should not be indicated in the Technical Proposal but
should only be indicated in the Commercial Proposal. Also, bidders cannot submit
more than 1 bid or alternative offers with more than one Standard solution.
3.6. Authentication of Bids
The Proposal should be accompanied by a Power of Attorney in the name of the
signatory of the Proposal.
Note: Original copy of Power of Attorney shall be submitted before opening of the
Technical Bid as specified in the Datasheet provided in this volume of the RFP and the
softcopy of the same shall be uploaded online at the e-Tendering Portal as part of the
Proposal that are submitted by Bidders in response to this RFP.
3.7. Bidders Authorization
a) The "Bidders" as used in the tender documents shall mean the one who has signed
the Bid Proposal Documents/Tender Forms. The Bidders may be either the
Principal Officer or his/ her duly Authorized Representative, in either cases, he/
she shall submit a Power of Attorney to substantiate his/ her position as Bidder on
behalf of the Bidding Entity. All certificates and documents (including any
clarifications sought and any subsequent correspondences) received hereby, shall
be furnished and signed by the duly authorized representative or the principal
officer
b) The authorization shall be indicated by written power-of-attorney accompanying
the bid.
c) Any change in the authorized signatory shall be intimated to DULB in advance
3.8. Amendment of Request for Proposal
a) At any time prior to the deadline for submission of proposals, DULB, for any reason,
may modify the RFP by amendment, such amendments/(s) shall be notified to all
Bidders by publishing the same on e-Tendering Portal as specified in the
Datasheet provided in this volume of the RFP. There shall be NO written or email
communication / advertisement in newspapers in respect to amendments to this
RFP. It shall be the prospective Bidders’ responsibility to check the e-Tendering
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
portal for any amendments to this RFP until the last date and time for submission
of Bids.
b) Any amendment/(s) to this RFP shall be binding on all Bidders.
c) DULB, at its discretion may extend the deadline for the submission of proposals.
There shall be NO written or email communication / advertisement in newspapers
in respect to amendments to this RFP. It shall be the prospective Bidders’
responsibility to check the e-Tendering portal for any amendments to this RFP until
the Last Date and Time for submission of Bids.
d) DULB reserves the right to change the scope before opening of the Commercial
bids. In this case, DULB will release a corrigendum/clarification and ask the
technically qualified Bidders to resubmit their commercial bids (if required). Such
Corrigendum / Clarification shall be notified to all technically qualified Bidders
through email and by publishing the same on e-Tendering Portal as specified in
the Datasheet provided in this volume of the RFP. There shall be NO advertisement
in newspapers in respect to Corrigendum / Clarification related to change of Scope
of Work before opening of Commercial Bids.
3.9. Deviations and Exclusions
Bids shall be submitted strictly in accordance with the requirements and terms &
conditions of the RFP. No Deviations and Exclusions to the RFP is allowed.
3.10. Local Conditions
a) It will be incumbent upon each Bidder to fully acquaint himself with the local
conditions and other relevant factors which would have any effect on the
performance of the contract and / or the cost.
b) The Bidders are expected to obtain for himself on his own responsibility all
information that may be necessary for preparing the bid and entering into contract.
Obtaining such information shall be at Bidders own cost.
c) Failure to obtain the information necessary for preparing the bid and/or failure to
perform activities that may be necessary for the providing services before entering
into contract will in no way relieve the successful Bidders from performing any work
in accordance with the Tender documents.
d) It will be imperative for each Bidder to fully inform themselves of all legal conditions
and factors which may have any effect on the execution of the contract as
described in the bidding documents. DULB shall not entertain any request for
clarification from the Bidders regarding such conditions.
e) It is the responsibility of the Bidders that such factors have properly been
investigated and considered while submitting the bid proposals and that no claim
whatsoever including those for financial adjustment to the contract awarded under
the bidding documents will be entertained by DULB and that neither any change in
the time schedule of the contract nor any financial adjustments arising thereof shall
32
RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
be permitted by the DULB on account of failure of the Bidders to appraise
themselves of local laws and site conditions.
3.11. Venue & Deadline for Submission of Proposals
a) Proposals, in its complete form in all respects as specified in the RFP, must be
submitted online to DULB at the portal specified in Proposal Data sheet.
b) Submission of physical documents shall be in accordance with details specified in
this RFP, and shall be at the venue and as per timeline specified in the Datasheet
provided in this volume of the RFP
3.12. Modification and Withdrawal of bids
a) No bid may be altered / modified after submission to the DULB. Unsolicited
correspondences in this regard from Bidders will not be considered.
b) No bid may be withdrawn in the interval between the last date for receipt of bids
and the expiry of the bid validity period specified by the Bidders in the Bid.
c) Withdrawal of a bid during this interval may result in the Bidders forfeiture of its
EMD.
3.13. Address of Correspondence
The Bidders shall designate the official mailing/e-mail address, place, phone number
and fax number to which all correspondence shall be sent by the DULB shall be
specified in the Bid submitted by the Bidder in response to this RFP.
3.14. Contacting the DULB
a) No Bidders shall contact the DULB on any matter relating to their bid in response
to this RFP, from the time of the bid opening to till the time Contract is awarded
to the successful Bidder.
b) Any effort by a Bidders to influence the DULB bid evaluation, bid comparison or
contract award decisions shall result in the rejection of the Bidders bid.
3.15. DULB/ ULB Site Visit by Bidder
a) The Bidder may visit and examine DULB or any ULB office following in this cluster
at a time to be agreed with DULB and obtain all information on the existing
processes and functioning of DULB/ ULB that may be necessary for preparing
the Bid document. The Bidder may carry out this site visit in accordance with the
timelines specified in Datasheet provided in this volume of the RFP. The visit may
not be used to raise questions or seek clarification on the RFP. The cost of such
visits to the site (s) shall be at the Bidder's own expense.
b) The DULB will facilitate the Bidder and any of its personnel or agents to gain
access to the relevant site or sites, provided that the Bidder gives the DULB
adequate notice of a proposed visit of at least seven (7) working days.
Alternatively, the DULB may organize a site visit or visits concurrently with the
33
RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
pre-bid meeting, as specified in the RFP. Failure of a Bidder to make a site visit
will not be a cause for its disqualification.
c) No site visits shall be facilitated after the deadline for the submission of the Bids
and prior to the award of Contract.
3.16. Bidder Related Conditions
a) The bidder shall prepare the bid based on details provided in the RFP
documents. It must be clearly understood that the specifications and diagrams
that are included in the RFP document are intended to give the bidder an idea
about the scope and magnitude of the work and are not in any way exhaustive
and guaranteed by DULB.
b) The bidder is expected to ensure that the solution proposed by him meets the
functional requirements, conceptual, performance requirements and other RFP
requirements. Performing of any activity required to an optimal solution shall be
at bidder’s own cost.
c) The bidder must propose a solution best suited to meet the requirements of the
DULB. If, any upward revisions of the specifications and/or quantity as given in
this RFP document, are required to be made to meet the conceptual
requirements of RFP, all such changes shall be included in the technical
proposal and their commercial impact, thereof, included in the commercial bid.
d) DULB will in no case be responsible or liable for any costs associated with the
proposed solution, regardless of the conduct or outcome of the Tendering
process.
e) It is mandatory to provide the break-up of all components in the format specified
in the RFP. In no circumstances shall the commercial bid be allowed to be
changed / modified.
f) The bid amount shall be inclusive of insurance and any other charges as
applicable. Any other charges as applicable shall be borne by the Bidder.
3.17. Bid Submission
a) Bidder should do online Enrolment in the e-tendering Portal. The Digital
Signature enrolment has to be done with the e-token, after logging into the
portal. The e-token may be obtained from one of the authorized Certifying
Authorities.
b) After downloading / getting the tender schedules, the Bidder should go through
them carefully and then submit the documents as per the tender document;
otherwise, the bid will be rejected.
c) The BOQ template must not be modified/ replaced by the bidder and the same
should be uploaded after filling the relevant columns, else the bidder is liable to
be rejected for that tender. Bidders are allowed to enter the Bidder Name and
Values only.
34
RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
d) The DULB will not be held responsible for any sort of delay or the difficulties
faced during the submission of bids online by the bidders due to local issues.
e) The bidder must submit the bid documents in online mode only, through the e-
tendering portal.
f) After the bid submission, the bid summary has to be printed and kept as an
acknowledgement as a token of the submission of the bid. The bid summary will
act as a proof of bid submission for a tender floated and will also act as an entry
point to participate in the bid opening event.
g) The time that is displayed from the server clock at the top of the tender Portal,
will be valid for all actions of requesting bid submission, bid opening etc., in the
e-Procurement portal. The Time followed in this portal is as per Indian Standard
Time (IST) which is GMT+5:30. The bidders should adhere to this time during
bid submission.
3.18. Contents of Bid on e-Tendering Portal
Section Category Response
# Physical Submission
1 (As specified in proposal Bank Guarantee
2 Datasheet of this RFP) Power of Attorney
Response to Pre-Qualification
3 Criteria Copy of receipt of payment of
4 tender fee and e-Service charges
Technical Proposal
Scanned copy of Bank Guarantee
Commercial Proposal Scanned Copy of Power of Attorney
Bid covering Letter as per format
Response to Pre-Qualification
criterion along with the required
supporting documents.
Response to Technical Evaluation
criterion along with the required
supporting documents.
Commercial bid/proposal as per the
prescribed format
3.18.1. Technical Proposal
Bidder is required to prepare a Technical Proposal as detailed out in Annexures
mentioned in this RFP as “Technical Bid Format”. The bidder should upload all
the associated documents in Online Technical Envelope (T1) in PDF format, if
required can be zipped as well and then uploaded. These documents need to be
digitally signed by using a digital signature and uploaded during Online Bid
35
RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
Preparation stage. The bidder should submit all the supporting documents as
mentioned in the Technical Bid Evaluation mentioned at clause 4.4 of this RFP.
3.18.2. Commercial Bid
All commercial offers must be prepared online (An online BoQ format will be
provided for this purpose during Online Bid Preparation stage). No bidder should
quote his commercial offer anywhere directly or indirectly in Technical Envelope
(T1), failing which the Commercial Envelope (C1) shall not be opened and his
tender shall stand rejected.
3.19. Openings of Bids
a) The bids that are submitted online successfully shall be opened online as per
date and time given in Proposal Datasheet, through e-Tendering procedure in
the presence of bidders/authorized representative who so ever present in the
meeting.
b) Bids shall be opened either in the presence of bidders or their duly authorized
representatives. The bidder representatives who are present shall sign
evidencing their attendance in attendance sheet. Not more than two
representatives per applicant shall be permitted to be present at the time of
opening the tender.
c) Total transparency will be observed and ensured while opening the
Proposals/Bids
d) DULB reserves the rights at all times to postpone or cancel a scheduled Bid
opening
e) Bid opening will be conducted in following stages:
i. Original hard copy of EMD and power of attorney shall be opened first,
bids not accompanied with the requisite EMD or whose EMD is not in
order shall be rejected, only those bids for which EMD and Tender fees
have been successfully verified will be eligible for evaluation on pre-
qualification stage.
ii. In this stage, Prequalification and Technical Proposals of Bidders will be
opened online. Pre-qualification Proposals would be evaluated first and
then technical qualification marks would be allotted who so ever qualified
in the prequalification stage.
iii. In the last stage, Commercial Proposal of those Bidders who qualify as
per the Technical qualification criterion (i.e. Minimum 70% marks in TQ)
would be opened in the presence of Bidders’ himself or his
representatives who choose to attend the Bid opening sessions on the
specified date, time and address.
f) The Bidders’ representatives who are present shall sign an attendance sheet
evidencing their attendance. In the event of the specified date of Bid opening
being declared a holiday for DULB, the bids shall be opened at the same time
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
and location on the next working day. In addition to that, if their representative
of the Bidder remains absent, DULB will continue process and open the bids
of the all Bidders.
g) During Bid opening, preliminary scrutiny of the Bid documents will be made to
determine whether they are complete, whether required EMD has been
furnished, whether the Documents have been properly signed, and whether
the bid document of financial are generally in order. Bids not conforming to
such preliminary requirements will be prima facie rejected. DULB has the right
to reject the bid after due diligence is done.
3.19.1. Technical Envelope (T1)
a) Technical Envelope of the tenderer will be opened online through e-Tendering
procedure to verify its contents as per requirements.
b) If the various documents contained in this envelope do not meet the
requirements, a note will be recorded accordingly by the tender opening
authority and the said tenderer’s Commercial Envelope will not be considered
for further action but the same will be recorded.
c) Decision of the tender opening authority shall be final in this regard.
d) The commercial bids shall not be opened till the completion of evaluation of
technical bids. The commercial Bids of only technically qualified Bidders as
mentioned above will be opened.
e) Documents submitted by the bidder shall be closely scrutinized and the bidder
shall provide all the original documents whenever requested.
3.19.2. Commercial Envelope (C1)
a) This envelope shall be opened online as per the date and time given in detailed
tender schedule (if possible), through e-Tendering procedure only,
Note: During Online Bid Preparation, apart from the abovementioned
documents, if any need arises to upload additional documents in Technical
Envelope, an option of ‘Upload Additional Documents’ has been provided in the
e-Tendering software which will be available to bidders during Online Bid
Preparation stage
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
SECTION – 4:
EVALUATION OF BIDS
4. Evaluation of Bids
a) DULB will constitute a Tender Evaluation Committee to evaluate the responses of the
bidders
b) The Tender Evaluation Committee constituted by the DULB shall evaluate the
responses to the RFP and all supporting documents / documentary evidence/ EMD/
Authorization certificate. Inability to submit requisite supporting documents /
documentary evidence, may lead to rejection. The Bidders' technical solution will be
evaluated as per the requirements and evaluation criteria as spelt out in the RFP
document. The Bidders are required to submit all required documentation in support
of the evaluation criteria specified (e.g. detailed Project citations and completion
certificates, client contact information for verification, profiles of Project resources and
all others) as required for technical evaluation.
c) The Committee may seek inputs from their professional and technical experts in the
evaluation process.
d) DULB reserves the right to do a reference check of the past experience stated by the
Bidder. Any feedback received during the reference check shall be taken into account
during the Technical evaluation process.
e) The decision of the Tender Evaluation Committee in the evaluation of responses to the
RFP shall be final. No correspondence will be entertained outside the process of
negotiation/ discussion with the Committee.
f) The Tender Evaluation Committee may ask for meetings with the Bidders to seek
clarifications on their proposals.
g) The Tender Evaluation Committee reserves the right to reject any or all proposals on
the basis of any deviations without assigning any reason thereof.
h) Each of the responses shall be evaluated as per the criterions and requirements
specified in the RFP.
i) Proposal Presentations: The Tender Evaluation Committee will invite each pre-
qualified Bidder to make a presentation to DULB at a date, time and venue decided by
DULB. The purpose of such presentations would be to allow the Bidders to present
their proposed solutions to the Committee and orchestrate the key points in their
Proposals.
j) The Bidder should cover scope of work, complexity of implementation, critical success
factor, and critical path method as specified in the evaluation section
4.1. Preliminary Examination of Bids
a) DULB will examine the bids to determine whether they are complete, whether the
documents have been properly signed, and whether the bids are generally in
order. Any bids found to be non-responsive for any reason or not meeting any
38
RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
criteria specified in the RFP, will be rejected by DULB and shall not be included
for further consideration.
Initial Bid scrutiny will be carried out and bids will be treated as non-responsive, if
bids are:
Not submitted in format as specified in the RFP document
Received without the Letter of Authorization (Power of Attorney)
Found with suppression of details
With incomplete information, subjective, conditional offers, and partial offers
submitted
Submitted without the documents requested
Non-compliant to any of the clauses mentioned in the RFP
With lesser validity period
b) All responsive Bids will be considered for further processing as below: DULB will
prepare a list of responsive Bidders, who comply with all the Terms and Conditions of
the Tender. All eligible bids will be considered for further evaluation by a Committee
according to the Evaluation process define in this RFP document. The decision of the
Committee will be final in this regard
4.2. Clarification of Bids
During the bid evaluation, DULB may at its discretion, ask the bidder for a clarification
of its bid. The request for clarification and the response shall be in writing, and no
change in the price or substance of the bid shall be sought, offered, or permitted. DULB
is entitled to ask for clarifications as many times as possible from the bidders to the
satisfaction of the Tender Evaluation committee.
4.3. Technical Bid Evaluation
a) In this part, the technical bid will be reviewed for determining the eligibility of the
bidder for the Project and to ascertain Compliance of the Technical bids with the
Tender terms and conditions, technical requirements and scope of work as
defined in this RFP.
b) In case of no response by the bidder to any of the requirements with regard to the
contents of the Technical Bid, he shall not be assigned any marks for the same
c) Technical bid of the bidder shall be opened and evaluated for acceptability of
Techno-functional requirements, deviations and technical suitability. The bidders
shall respond to the requirements as explained below for their evaluation with
regard to experience and qualification. Also, the bidder shall refer and respond to
all technical requirements as mentioned in the RFP document. The evaluation
39
RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
process would also include a presentation of technical proposal by the bidder.
d) The bidder would be technically evaluated out of 100 marks. All the bidders who
secure overall minimum of 70% will be considered as technically qualified.
e) Technical Evaluation shall be on the basis the following parameters and
associated marks:
40
RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
## Criteria Maximu Supporting Documents
1 Company Profile m Marks
(100)
10
Average Annual turnover of Bidder Audited financial statements /
generated from consultancy for last extracts from the audited balance
three preceding financial years (FY sheet and profit and loss
2017-18, FY 2018-19 and FY 2019- statements for the last three
20), should be at least INR 50 Lacs. financial years (FY 2017-18, FY
2018-19 and FY 2019-20)
and
> 1 crore 10 Certificate from Statutory Auditor/
Chartered Accountant on
> 75 – 1 crore 7 turnover for the last three
>= 50 - 75L. financial years (FY 2017-18, FY
5 2018-19 and FY 2019-20).
< 50L. 0
2 Relevant Strength 40
2.1 Similar experience of 15
implementation accrual based
double entry accounting system in For Completed Projects:
any central or state of Govt. Work Order/ Contract Agreement +
department/ Public Sector Completion Certificates from the
Undertaking (PSUs) other than client
ULBs. The work order (with
minimum value of more than INR 10 OR
lacs) should have been issued Work order/ Contract Agreement +
within the last 7 years with required Self certificate of completion & receipt
extension, as on last date of Bid of payment from client (Certificate by
Submission. the statutory auditor/ Chartered
The projects should have been Accountant);
either completed or an ongoing
project where deliverable or For Ongoing Projects
milestone has been successfully Work Order/ Contract Agreement
met. + Certificate from the client/ Self-
More than 5 projects 15 certificate for implementation
and
Between 4 - 5 projects 10 Receipt of payment from client
Between 2 - 3 projects 5 (Certificate by the statutory
Less than 2 projects
auditor/ Chartered Accountant);
0
41
RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
## Criteria Maximu Supporting Documents
2.2 m Marks
Similar experience of For Completed Projects:
2.3 (100)
implementation of accrual based 15 Work Order/ Contract Agreement +
Completion Certificates from the
double entry accounting system in 15 client
10
projects with multiple locations as 5 OR
part of single project. The work Work order/ Contract Agreement +
Self certificate of completion & receipt
order should have been issued of payment from client (Certificate by
the statutory auditor/ chartered
within the last 7 years with required accountant);
extension, as on Bid Submission. For Ongoing Projects
The projects should have been Work Order/ Contract Agreement
either completed or an ongoing + Certificate from the client/ Self-
project where deliverable or certificate for implementation
milestone has been successfully and
met.
Receipt of payment from client
> 20 Locations (Certificate by the statutory
auditor/ chartered accountant);
11 - 20 Locations
<= 10 locations
Similar experience of 10 For Completed Projects:
implementation of accrual based
double entry accounting system in Work Order/ Contract Agreement +
multiple Urban Local Bodies Completion Certificates from the
projects. The work order should client
have been issued within the last 7 OR
years with required extension, as
on Bid Submission. Work order/ Contract Agreement +
The projects should have been Self certificate of completion & receipt
either completed or an ongoing of payment from client (Certificate by
project where deliverable or the statutory auditor/ chartered
milestone has been successfully accountant);
met
For Ongoing Projects
(No. of municipalities for which Work Order/ Contract Agreement
implementation of accrual based + Certificate from the client/ Self-
double entry accounting system certificate for implementation
has been undertaken may be part of and
one single or separate projects.
Bidder is expected to highlight no. Receipt of payment from client
of municipalities and corresponding (Certificate by the statutory
population as per Census of 2011 in auditor/ chartered accountant);
And
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
## Criteria Maximu Supporting Documents
m Marks
3 their documentation submitted as Snapshot of municipality’s
3.1 part of the Bid.) (100) population from Census of India
website.
3.2 Municipalities with population
of 10,00,000 and above - 5
marks for each municipality
maximum up to 10 Marks
Municipalities with population
of 5,00,000 to 9,99,999 - 3
marks for each municipality
maximum up to 10 Marks
Municipalities with population
of 1,00,000 to 4,99,999 - 2
marks for each municipality
maximum up to 10 Marks
Municipalities with population
of less than or equal to 99,999
- 1 Marks for each municipality
maximum up to 10 Marks
Key Professionals Staff 30 CV to be attached as per the given
Qualification and Competencies format (7.2.4 – CV Format of
for the Assignments: Proposed Resources)
Project Manager 10 CVs of candidates who qualify
Total Experience 5 minimum educational and
professional experience criterion as
> 15 years of total experience 5 specified in separate table “Key
12 - 15 years of total experience
Professionals Staff
3 competencies/experience” will
10 - 11 years of total experience 2 ONLY be considered for evaluations
under this criterion of technical
< 10 years of total experience 0 evaluations.
No. of project handled as Project 5 NOTE:
1. Bidder is expected to provide CVs
Manager on accrual based
only in the format specified in the
double entry accounting system:
RFP. In case CVs provided in any
No. of projects handled: >=4 5 format other than that mentioned in
the RFP shall NOT be considered for
No. of projects handled: 3 3 evaluation.
No. of projects handled: 2
Deputy Project Manager: 2 2. Bidder is expected to highlight the
following in each CV submitted:
8 a. Total no. of years of experience
Total Experience 4 b. No. of years of relevant
>= 10 years of relevant experience 4 experience
43
RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
## Criteria Maximu Supporting Documents
3.3 m Marks
3.4 (100)
4
08 -09 years of relevant Experience 2 c. No. and details of project and role
< 08 years of total experience 0 presented as part of relevant
experience – all projects and its
No. of projects handled on 4 details shall be indicated
accrual based double entry separately in the format specified
accounting system: in the RFP.
No. of projects handled: >=3 4
No. of projects handled: 2 2 In case any of the details required for
No. of projects handled: < 2 0 evaluation are NOT highlighted in the
Account Assistant 7 CV submitted and / or are NOT in the
(Location Coordinator) format specified in the RFP, then
Total Experience
4 detail shall NOT be considered for
> 06 years of total experience
evaluation.
4
05 -06 years of relevant Experience 2
< 05 years of relevant experience 0
No. of projects handled of 3
implementation of accrual based
double entry accounting system:
No. of projects handled: >=3 3
No. of projects handled: 2 2
No. of projects handled: < 2 0
Data Entry Clerk 5
Total Experience 5
>= 03 years of relevant experience 5
01 -02 years of relevant Experience 3
< 01 years of total experience 0
Technical Presentations 20 • Technical Proposal submission
Approach & Methodology for NOTE:
proposed Solution 1. Bidders are expected to structure
the Technical Proposal as per the
Understanding of requirements 5 instructions specified in the RFP.
Technical Proposal shall have
Overall Approach and Methodology 10 following sections including:
Project Plan, Personnel 5 a. Understanding of Requirements
Deployment Plan, Training b. Proposed Solution
programme, Exit Management and c. Overall Approach and
proposal presentation Methodology (separate sub-
headings for Implementation
44
RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
## Criteria Maximu Supporting Documents
m Marks
Approach, Implementation Plan,
(100) Data Migration, and Risk
Management Approach).
d. Project Plan
e. Resource Deployment Plan
f. Training Programme
g. Exit Management
Total Marks 2. All sections and points specified
in the RFP and required for
scoring shall be covered and
highlighted
3. Copy of PPT to be submitted
during presentation session
100
Note:
1. Bidder shall highlight all the relevant information in their documentation of TQ.
2. Wherever there is problem in providing information as part of the total project due to
non-availability of such details in the completion certificates received from the client,
the bidder can provide a certificate from an Chartered Accountant. The certificate
should include its scope of work. The bidder has to provide an undertaking to this
effect. But the bidder necessarily has to provide completion certificates / On-going
certificate / Phase completion of the project as a whole.
Key Professionals Staff competencies/experience
# Position Qualifications and Skills Experience
1. Project i. Qualified Chartered i. Min. experience of 10 years in
Manager Accountant relevant field;
ii. Should have with good ii. Must have successfully managed &
communication skills and completed at least 2 Nos. of similar
be able to read, write and assignments in conversion to
speak in Hindi and English ABDEAS in Govt./ PSUs/ ULBs as a
Project Manager
iii. Good Knowledge of field survey of
assets and liabilities, Revenue
augmentation, Municipal finance etc.
iv. Preferable with Govt. experience
45
RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
Key Professionals Staff competencies/experience
# Position Qualifications and Skills Experience
2.
Deputy i. Chartered Accountant/ i. Min. experience of 8 years in relevant
3. Project
4. Manager Cost Accountant/ MBA in field;
Note:
Accountant/ Finance and other ii. Must have successfully managed &
Assistant
(Location equivalent degree in completed at least 2 Nos. of similar
Coordinator)
respective field of assignments in conversion to
Data Entry
clerk specialization. ABDEAS in Govt./ Public Sector
ii. Should have with good Units (PSUs)/ ULBs as a Project
communication skills and Manager
be able to read, write and iii. Good Knowledge of field survey of
speak in Hindi and English assets and liabilities, Revenue
augmentation, Municipal finance etc.
iv. Preferable with Govt. experience
i. Chartered Accountant i. Min. 5 years of experience in relevant
intermediate /Cost field.
Accountant intermediate ii. Must have done finalization of books
with completed internship of accounts, Budget preparation and
ii. Should have with good other accounting works in accrual
communication skills and based double entry accounting
be able to read, write and system
speak in Hindi and English
i. Commerce Graduate – i. Min. 1 years of experience in relevant
preferable CA/ CMA field.
trainees (Article Clerk) ii. Must have the knowledge of basic
ii. Should have with good accounting work and fully conversant
communication skills and with double entry accounting work
be able to read, write and
speak in Hindi and
English
4.4. Commercial Bid Evaluation
a) The commercial Bids of technically qualified bidders (i.e. Minimum 70% marks)
will be opened on the prescribed date in the presence of bidder representatives.
b) The commercial proposal will be evaluated in “LCS” (Least cost Selection) based
method.
c) The Bidder with lowest qualifying financial bid (L1) will be awarded as successful
Bidder.
d) In case of a tie in the commercial evaluation of proposal, the bidder having highest
technical score will be considered eligible for leading to the award of the contract.
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
e) The Evaluation Committee shall indicate to all the Bidders the results of the
technical evaluation through a written communication. The technical scores of the
Bidders will be announced prior to the opening of the Commercial Proposals
f) The technically shortlisted Bidders will be informed of the date and venue of the
opening of the Commercial Proposals through email or written communication
Only fixed price financial bids indicating total price for all the deliverables and
services specified in this bid document will be considered.
g) If there is no price quoted for certain services, it will assume those services will
be free of cost to DULB, else the bid shall be declared as disqualified.
h) Bidder should provide all prices as per the prescribed format provided in
Annexure mentioned in this RFP.
i) DULB reserves the right to ask the Bidder to submit proof of payment against any
of the taxes, duties, levies indicated in response to the request for proposal.
j) The Bidder needs to account for all Out of Pocket expenses related to
accommodation, food and other related items in the commercial bids. Any
additional charges have to be borne by the bidder.
4.5. Award Criteria
Method of evaluation of selection of successful Bidder and award of Contract to bidder
shall be on L1 basis after successful Technical Qualification. The Commercial
Proposals of Technically qualified bidders will be opened and the Bidder quoting lowest
total project cost (hereby referred to as L1 Bidder) will be considered eligible for award
of contract.
4.6. Right to Accept Any Proposal and Reject Any or All Proposal(s)
DULB reserves the right to accept or reject any proposal, and to annul the tendering
process/ Public procurement process and reject all proposals at any time prior to award
of contract, without thereby incurring any liability to the affected bidders or bidders or
any obligation to inform the affected bidders or bidders of the grounds for DULB action.
4.7. Right to Vary Scope of Contract
a) Client may at any time, by a written order given to the bidder, make changes
within the specifications, services or scope of the Contract as specified.
b) If any such change causes an increase or decrease in the cost of, or the time
required for the bidder’s performance of any part of the work under the Contract,
whether changed or not changed by the order, an equitable adjustment shall be
made in the Contract Price or time schedule, or both, and the Contract shall
accordingly be amended. Any claims by the bidder for adjustment under this
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
Clause must be asserted within thirty (30) days from the date of the bidder’s
receipt of the DULB’s changed order.
4.8. Notification of Award
a) Prior to the expiration of the validity period, DULB will notify the successful bidders
in writing or by fax or email, that its proposal has been accepted. In case the
tendering process / public procurement process has not been completed within
the stipulated period, DULB may like to request the bidders to extend the validity
period of the bid.
b) The notification of award will constitute the formation of the contract. Based on
the successful bidders furnishing of Performance Bank Guarantee.
4.9. Contract Finalization and Award
a) The selected Bidder/s should convey acceptance of the award of contract by
returning duly signed and stamped duplicate copy of the Letter of Intent within 7
days of receipt of the communication.
b) Upon notification of award to the successful Bidder, DULB will promptly notify
each unsuccessful Bidder.
4.10. Negotiations with the Successful Bidder
a) If required, negotiations will be held at the date, time and address intimated to the
qualified and selected bidder. Representatives conducting negotiations on behalf
of the bidder must have written authority to negotiate and conclude a Contract.
b) All negotiations shall be undertaken in accordance with policies / rules / guidelines
for “Purchase of stores by all Departments and Offices of the Government of
Haryana” prescribed by Directorate of Supplies & Disposal, Government of
Haryana
4.11. Performance Bank Guarantee
a) Within fifteen (15) days of the issuance of the LOI, the successful Bidder shall at
his own expense submit unconditional and irrevocable Performance Bank
Guarantee (PBG) to DULB. The PBG shall be from a Nationalised Bank or a
scheduled Commercial Bank in the format as described in this RFP section 7.4.
The PBG shall be for an amount equivalent to 10% of the total project cost. DULB
shall invoke the performance guarantee in case the selected Vendor fails to
discharge their contractual obligations during the period or DULB incurs any loss
due to bidder’s negligence in carrying out the project implementation as per the
agreed terms & conditions. The BG must be valid for a period of 6 months after
the successful completion of contract and any extensions, if any.
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
b) In case the selected Bidder fails to submit performance guarantee within the time
stipulated, DULB at its discretion may cancel the order placed on the selected
Bidder without giving any notice.
c) The selected Bidder shall be responsible for extending the validity date and claim
period of the Performance Guarantee as and when it is due on account of non-
completion of the project and Warranty period.
4.12. Advance Bank Guarantee
Within fifteen (15) days of the signing of the contract, the successful Bidder shall at
his own expense submit unconditional and irrevocable Advance bank Guarantee
(ABG) to DULB if the bidder opted for mobilization advance. The ABG shall be from a
Nationalised Bank or a scheduled Commercial Bank in the format as described in this
RFP section 7.4. The ABG shall be for an amount equivalent to the mobilization
advance paid. DULB shall invoke the performance guarantee in case the selected
agency fails to discharge their contractual obligations during the period or DULB
incurs any loss due to bidder’s negligence in carrying out the project implementation
as per the agreed terms & conditions. The BG must be valid for a period of 6 months
after the successful completion of contract and any extensions, if any.
4.13. Signing of Contract
a) After the DULB notifies the successful bidder that its proposal has been accepted,
DULB shall enter into a contract, incorporating all clauses, pre-bid clarifications and
the proposal of the bidder between DULB and the successful bidder. The Draft
Legal Agreement is provided as a separate document as a template.
b) After completing negotiations, the DULB shall issue a Letter of Intent to the
selected bidder and promptly notify all other bidders who have submitted proposals
about the decision taken.
c) Upon the successful bidder's furnishing of performance security, DULB may notify
each unsuccessful bidder and will discharge its EMD.
4.14. Failure to Agree with the Terms and Conditions of the RFP
a) Failure of the successful bidder to agree with the Draft Legal Agreement and Terms
& Conditions of the RFP shall constitute sufficient grounds for the annulment of the
award, in which event DULB may award the contract to the next best evaluated
bidders or call for new proposals from the interested bidders.
b) In such a case, the DULB shall invoke the PBG of the successful bidder.
5. Rejection Criteria
5.1. General Rejection Criteria
a) Bids not qualifying under eligibility criteria.
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
b) Bids submitted without or improper EMD or tender fee or POA or e-Service Charges
c) Bids received through Telex /Telegraphic / Fax / E-Mail.
d) Bids which do not confirm unconditional validity of the bid as prescribed in the Tender
e) If the information provided by the Bidders is found to be incorrect / misleading at any
stage / time during the Tendering Process
f) Any effort on the part of a Bidders to influence the DULB’ s bid evaluation, bid
comparison or contract award decisions
g) Bids without signature of person (s) duly authorized on required (specified) pages of
the bid
h) Bids without power of authorization and any other document consisting of adequate
proof of the ability of the signatory to bind the Bidders
i) Technical Bid containing commercial details or any such hints/ calculations
/extrapolations/ records.
j) Revelation of Prices in any form or by any reason before opening the Commercial Bid
k) Failure to furnish all information required by the Tender Document or submission of a
bid not substantially responsive to the Tender Document in every respect.
l) Bidders not quoting for the complete scope of Work as indicated in the Tender
documents, addendum (if any) and any subsequent information given to the Bidders.
m) Bidders not complying with the General Terms and conditions as stated in the Tender
Documents.
n) The Bidders not confirming unconditional acceptance of full responsibility of providing
services in accordance with the Scope of work and Service Level Agreements of this
tender.
5.2. Commercial Rejection Criteria
a) If Bidders provides incomplete bid or NIL Pricing of any services mentioned in this RFP
that will be considered as free of cost services for the DULB.
b) Price Bids that do not conform to the Tender’s price bid format.
c) If there is an arithmetic discrepancy in the commercial bid calculations the DULB shall
rectify the same. If the Bidder does not accept the correction of the errors, its bid may
be rejected.
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
6. Payment Schedule
Payment shall be made in following stages as detailed below:
S.N. Deliverable/output Payment
Schedule (%
1. i. Preparation and approval of Opening Balance Sheet of of Total fees)
ULBs as on 0 1 - 0 4 - 2 0 1 8 including Income &
Expenditure A/c & other relevant schedule as per Haryana 15%
Municipal Accounts Code/ NMAM.
10%
ii. Handholding support to ULBs Accounts related staff and
upload the FS on the website of concerned ULB/DULB. 10%
2. i. Up to date Books of accounts, entered all transaction in 10%
ii. selected accounting software, Preparation and approval of
Balance Sheet of ULBs as on 31-03-2019. Including 35%
Income & Expenditure A/c & other relevant schedule as
per Haryana Municipal Account Code/ NMAM.
Hand holding support to ULBs Accounts related staff and
upload the FS on the website of concerned ULB/DULB.
3. i. Up to date Books of accounts, entered all transaction in
selected accounting software, Preparation and approval of
Balance Sheet of ULBs as on 31-03-2020 Including
Income Expenditure, A/c & other relevant schedule as per
Haryana Municipal Accounts Code/ NMAM.
ii. Hand holding support to ULBs Accounts related staff and
upload the above period FS on the website of concerned
ULB/ DULB.
4. i. Up to date Books of accounts, entered all transaction in
selected accounting software, Preparation and approval of
Balance Sheet of ULBs as on 31-03-2021. Including
Income Expenditure, A/c & other relevant schedule as per
Haryana Municipal Accounts Code/NMAM.
ii. Hand holding support to ULBs Accounts related staff and
upload the above period FS on the website of concerned
ULB/DULB.
5. i. Training and Handholding support to ULBs with day to day
accounting entries from the FY 2021-22 to till the exit date
of CA Firm.
ii. All the balance services as per detailed scope mentioned
in RFP Volume -II
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
S.N. Deliverable/output Payment
Schedule (%
6. i. Preparation of Handholding Support Financial Statements of Total fees)
for the FY 2021-22
10%
ii. Approval of Financial Statements and upload on the
website of concerned Urban Local Body and Directorate of 10%
Urban Local Bodies
7. i. Preparation of Handholding Support Financial Statements
for the FY 2022-23
ii. Approval of Financial Statements and upload on the
website of concerned Urban Local Body and Directorate of
Urban Local Bodies.
Note:
1. Training and Handholding payment shall be divided in 8 equal quarterly Payments as per
the reports and deliverables (Workshop, Training Materials, Attendance sheet of
participant etc.) submitted by the Selected Agency.
2. Selected Agency is expected to submit their invoice for work undertaken at respective
ULBs separately.
3. Payment shall be made by respective ULBs upon verification of work undertaken by the
Selected Agency.
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
7. Annexures
The bidders are expected to respond to RFP using the forms given in this section and all
documents supporting Proposal Evaluation Criteria.
7.1. Annexure - Pre-qualification Bid Forms
7.1.1. Compliance Sheet for Pre-Qualification Proposal (PQ)
S. File Name Page No.
Document required
N.
1. Tender Fee
2. Earnest Money Deposit
3. Power of Attorney
4. Particulars of the Bidder
5. Supporting documents for PQ 1 – Copy of
Registration Certificate
6. Supporting documents for PQ 2 –
Copy of Certificate of Incorporation/Partnership
Deed/ Registration Certificate
Copy of CAG Empanelment letter (valid as on the
date of submission)
7. Supporting documents for PQ 3 – Goods and
Service Tax (GST) Registration Certificate
8. Supporting documents for PQ 4 – affidavit/ Self
certificate on letterhead by authorized signatory/ies
of Bidders are not be under a declaration of
ineligibility / banned / blacklisted by any State or
Central Government / any other Government
institutions in India for any reason as on last date of
submission of the Bid or convicted of economic
offence in India for any reason as on last date of bid
submission.
9. Supporting documents for PQ 5 – Financial Capacity
format as defined in this Request for proposal
10. Supporting documents for PQ 5 – Audited Financial
statements / extracts from the audited balance sheet
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
and profit and loss statements for the last three
financial years (FY 2017-18, FY 2018-19 and 2019-
20) which have been audited, certificate from
Statutory Auditor/ Chartered Accountant on turnover
for last three financial years (FY 2017-18, FY 2018-
19 and 2019-20).
11. Supporting documents for PQ 6 – Certificate from
the statutory auditor (of Bidder) / Chartered
Accountant certifying that the Net worth / cashflow
of Bidder is positive for each of the last three
preceding financial years (FY 2017-18, FY 2018-19
and 2019-20).
12. Supporting documents for PQ 7 (7a) & 8 (7b):
Project n – Details of Experience format + Work
Order + Completion certificates+ Self certificate of
completion & receipt of payment from client
(Certificate by the statutory auditor/ chartered
accountant) (as specified in PQ 6) (if applicable)
(One set of documents shall be submitted for each
additional project and each such project shall be
indicated separately in this format)
13. Supporting documents for PQ 9 – Valid GST
registration certificate/ Copy of ICAI Registration
Certificate.
14. Any other documents
Note: Bidder should submit the following documents in Hardcopy format to DULB address as
mentioned in data sheet:
1. Ernest Money Deposit
2. Power of Attorney
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
7.1.2. Format for Bank Guarantee for Earnest Money Deposit
Ref: _________________ Date _________________
Bank Guarantee No. ______________________
To,
Director, Urban Local Bodies,
Directorate of Urban Local Bodies,
Bays No. 11 - 14, Sector - 4,
Panchkula, Haryana - 134112
Whereas <<Name of the bidder>> (has submitted the bid for Submission of RFP <<RFP
Number>> dated <<Date>> for <<Name of the assignment>> (hereinafter called "the Bid") to
Directorate of Urban Local Bodies, Haryana (hereinafter called “the Client”)
Know all Men by these presents that we <<… >> having our office at <<Address>> (hereinafter
called "the Bank") are bound unto the << client >> (hereinafter called "the Client") in the sum
of Rs. <<Amount in figures>> (Rupees <<Amount in words>> only) for which payment well
and truly to be made to the said Client, the Bank binds itself, its successors and assigns by
these presents. Sealed with the Common Seal of the said Bank this <<Date>>.
The conditions of this obligation are:
1. If the Bidder having its bid withdrawn during the period of bid validity specified by the
Bidder on the Bid Form; or
2. If the Bidder, having been notified of the acceptance of its bid by the Client during the
period of validity of bid
(a) Withdraws his participation from the bid during the period of validity of bid document; or
(b) Fails or refuses to participate in the subsequent Tender process after having been short
listed;
We undertake to pay to the Client up to the above amount upon receipt of its first written
demand, without the Client having to substantiate its demand, provided that in its demand the
Client will note that the amount claimed by it is due to it owing to the occurrence of one or both
of the two conditions, specifying the occurred condition or conditions.
This guarantee will remain in force up to <<insert date>> and including <<extra time over and
above mandated in the RFP>> from the last date of submission and any demand in respect
thereof should reach the Bank not later than the above date.
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
NOTHWITHSTANDING ANYTHING CONTAINED HEREIN:
I. Our liability under this Bank Guarantee shall not exceed Rs. <<Amount in figures>> (Rupees
<<Amount in words>> only)
II. This Bank Guarantee shall be valid up to <<insert date>>)
III. It is condition of our liability for payment of the guaranteed amount or any part thereof
arising under this Bank Guarantee that we receive a valid written claim or demand for payment
under this Bank Guarantee on or before <<insert date>>) failing which our liability under the
guarantee will automatically cease.
(Authorized Signatory of the Bank)
Seal:
Date:
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
7.1.3. Particulars of the Bidder
SI Information Sought Details to be Furnished
No.
A Name and address of the Bidding
organization
C Incorporation status of the Bidder firm (Limited
Liability Partnership Act, 2008/ The Indian
Partnership Act,1932 / as amended/Sole
Proprietor)
D Year of Establishment
E Date of registration with ICAI
F Date of empanelment with CAG along with
validity
G Details of registration with appropriate
authorities for GST
H Name, Address, email, Phone nos. and
Mobile Number of Contact Person
(Signature of the Authorized signatory of the Bidding Organization)
Name :
Designation :
Date :
Company Seal :
Business Address :
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
7.1.4. Details of ineligibility for corrupt or fraudulent practices / blacklisted with any of
the Government or Public-Sector Undertaking or Local Governments
<<On the letterhead of the Bidding Organization>>
Date:
To,
Director, Urban Local Bodies,
Directorate of Urban Local Bodies,
Bays No. 11 - 14, Sector - 4,
Panchkula, Haryana - 134112
Subject: Declaration for not being under an ineligibility for corrupt or fraudulent practices or
blacklisted with any of the Government or Public-Sector Unstreaking or Local
Governments in India
Dear Sir,
We, the undersigned, hereby declare that:
We are not under a declaration of ineligibility / banned / blacklisted by any State
or Central Government / any other Government institutions/ local Governments
in India for any reason as on last date of submission of the Bid or convicted of
economic offence in India for any reason as on last date of submission of the Bid
Thanking you,
Yours faithfully
(Signature of the Authorized signatory of the Bidding Organization)
Name :
Designation :
Date :
Company Seal :
Business Address :
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
Financial Turnover Date
<<On the letterhead of the Chartered Accountant >>
<<To be submitted along with Audited Financial Statements>>
To,
Director, Urban Local Bodies,
Directorate of Urban Local Bodies,
Bays No. 11 - 14, Sector - 4,
Panchkula, Haryana - 134112
Dear Sir,
We have examined the books of accounts and other relevant records of <<Bidder along with
registered address>>. On the basis of such examination and according to the information and
explanation given to us, and to the best of our knowledge & belief, we hereby certify that the
annual turnover for last three FY years was as per details given below:
Information from Balance Sheets (in Indian Rupees)
xx.xx. 20xx xx.xx.20xx xx.xx.20xx
Annual Turnover
(Signature of the Chartered Accountant)
Name :
Designation :
Membership Number :
UDIN :
Date :
Company Seal :
Business Address :
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
7.1.5. Details of Experience of Bidder in Various projects
As per the format below, the bidder should provide information for each project on similar
assignments required for pre-qualification and technical evaluation criteria.
Credential for < Prequalification Criteria No. / Technical Criteria No>
Sr. No. Name of the Organization - <<Name of the Bidder >>
Parameter Details
General Information
1. Customer Name
Name of the contact person and (YES / NO)
2. contact details for the client of the
assignment
3. Whether client visit can be organized
Project Details
4. Project Title
5. Start Date and End Date of Project
6. Total Cost of the project
7. Current Status (Live / completed / on-
going / terminated / suspended)
8. No of staff provided by your
organization
9. Please indicate the current or the latest
period with the client
(From Month –Year to Month-Year)
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
Credential for < Prequalification Criteria No. / Technical Criteria No>
Sr. No. Name of the Organization - <<Name of the Bidder >>
Parameter Details
10. Please indicate whether the client is
currently using the implemented
strategy
Size of the project
11. No. of ULB’s under the project (if Any)
12. Training responsibilities of Bidder
13. Any other information to be shared with
DULB
Narrative Description of the Project:
Detailed Description of actual services provided by Bidder:
Documentary Proof:
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
7.2. Annexure: Technical Bid Format
7.2.1. Compliance Sheet for Technical Proposal
S.N. Document required File Name Page No.
1. Technical Bid Covering Letter
2. Certificate of Conformity / No deviation
3. Physical Submission of Documents:
EMD and Power of Attorney
4. Supporting documents for TQ 1 – Financial Capacity
format
5. Supporting documents for TQ 1 –
Audited financial statements / extracts from the
audited balance sheet and profit and loss statements
last three preceding financial years (FY 2017-18, FY
2018-19 and 2019-20),
And
Certificate from the statutory auditor (of Bidder)/
Chartered Accountant for statements for the last
three financial years (FY 2017-18, FY 2018-19 and
2019-20)
6. Supporting documents for TQ 2.1: For Completed
Projects:
Work Order/ Contract Agreement + Completion
Certificates from the client
OR
Work order/ Contract Agreement + Self certificate of
completion & receipt of payment from client (Certificate
by the statutory auditor/ chartered accountant);
For Ongoing Projects
Work Order/ Contract Agreement + Certificate from
the client/ Self-certificate for implementation
and
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
Receipt of payment from client (Certificate by the
statutory auditor/ chartered accountant);
7. Supporting documents for TQ 2.2 – For Completed
Projects:
Work Order/ Contract Agreement + Completion
Certificates from the client
OR
Work order/ Contract Agreement + Self certificate of
completion & receipt of payment from client (Certificate
by the statutory auditor/ chartered accountant);
For Ongoing Projects
Work Order/ Contract Agreement + Certificate from
the client/ Self-certificate for implementation
and
Receipt of payment from client (Certificate by the
statutory auditor/ chartered accountant);
8. Supporting documents for TQ 2.3 –
For Completed Projects:
Work Order/ Contract Agreement + Completion
Certificates from the client
OR
Work order/ Contract Agreement + Self certificate of
completion & receipt of payment from client (Certificate
by the statutory auditor/ chartered accountant);
For Ongoing Projects
Work Order/ Contract Agreement + Certificate from
the client/ Self-certificate for implementation
and
Receipt of payment from client (Certificate by the
statutory auditor/ chartered accountant);
9. Supporting documents for TQ 3: CV of Project
Manager+ Dy. Project Manager+ Account Assistant
(Location Coordinator) + Data Entry Clerk <Candidate
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
Name> – CV in format specified in the RFP and
indicating required experience and qualification
10. Supporting documents for TQ 4.1 – Note on
‘Understanding of requirements’
11. Supporting documents for TQ 4.1 – Note on ‘Proposed
Solution’
12. Supporting documents for TQ 4.1 – Overall Approach
and Methodology
13. Supporting documents for TQ 4.1 – Project Plan
14. Supporting documents for TQ 4.1 – Format for
Deployment of Personnel
15. Supporting documents for TQ 4.1 – Team Composition
16. Any other documents
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
7.2.2. Technical Bid- Covering Letter Date:
<<On Bidder / Letterhead>>
To,
Director, Urban Local Bodies,
Directorate of Urban Local Bodies,
Bays No. 11 - 14, Sector - 4,
Panchkula, Haryana - 134112
Subject: Selection of CAG empanelled Chartered Accountant Firms for Implementation
of Accrual Based Double Entry Accounting System (ABDEAS) in all the
Municipal Corporations / Councils / Committees of Hisar Cluster of Haryana.
Dear Sir,
1. We hereby request to be qualified with the Directorate of Urban Local Bodies, Haryana as
a Tenderer for “Selection of CAG empanelled Chartered Accountant Firms for
Implementation of Accrual Based Double Entry Accounting System (ABDEAS) in all
the Municipal Corporations / Councils / Committees of Hisar Cluster of Haryana”
against Tender No. <>. I / We declare that all the services shall be performed strictly in
accordance with the RFP documents and we agree to all the terms and conditions in the
RFP.
2. I / We confirm that I / we am / are withdrawing all the deviations, counter clauses, proposed
modifications in the Scope of work, Terms and Conditions which may have been
mentioned in our proposal.
3. We authorize DULB or its authorized representatives to conduct any investigations to
verify the statements, documents and information submitted and to clarify the financial
and technical aspects of this application. For this purpose, we hereby authorize (any public
official, engineer, bank, depository, manufacturer, distributor, etc.) or any other person or
firm to furnish pertinent information deemed necessary and requested by DULB to verify
statements and information provided in this application or regarding our competence and
standing.
4. The names and positions of persons who may be contacted for further information, if
required, are as follows:
Name: ________________________________
Designation: ________________________________
Telephone: ________________________________
E-mail id: ________________________________
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
5. We declare that the statements made and the information provided in the duly completed
application are complete, true and correct in every detail. On verification at any time in the
future if it is found that information furnished with this application and statements made
therein are not true, incomplete or incorrect, we hereby authorize DULB to reject our
application.
6. We confirm having submitted the information as required by you in Qualification Criteria.
In case you require any other further information / documentary proof in this regard before
evaluation of our bid, we agree to furnish the same in time to your satisfaction.
7. We undertake, if our proposal is accepted, to provide all the services related to “Selection
of CAG empanelled Chartered Accountant Firms for Implementation of Accrual
Based Double Entry Accounting System (ABDEAS) in all the Municipal
Corporations / Councils / Committees of Hisar Cluster of Haryana” put forward in the
bid document or such features as may subsequently be mutually agreed between us and
DULB or its appointed representatives.
8. We agree for unconditional acceptance of all the terms and conditions set out in the bid
document and also agree to abide by this bid response for a period of 180 days from the
date of bid submission and it shall remain binding upon us with full force and virtue. Till a
formal contract is prepared and executed, this bid response, together with your written
acceptance thereof in your notification of award, shall constitute a binding contract
between us and DULB.
9. We hereby declare that in case the contract is awarded to us, we will submit Performance
Bank Guarantee as prescribed in the RFP.
10. I/We understand that DULB reserves the right to reject any application without assigning
any reason thereof.
11. I/We hereby undertake that I/We have not made any payment or illegal gratification to any
person/authority connected with the bid process so as to influence the bid process and
have not committed any offence under the Prevention of Corruption, Act in connection
with the bid.
12. All the prices mentioned in our Tender are in accordance with the terms as specified in
the RFP documents. All the prices and other terms and conditions of this Bid are valid
for a period of 180 calendar days from the date of opening of the Bid.
13. We hereby confirm that our prices inclusive of all taxes, duties and levies.
14. We understand that the actual payment would be made as per the existing tax rates
during the time of payment.
15. We have indicated in the relevant forms enclosed, the unit rates for the purpose of on
account of payment as well as for price adjustment in case of any increase to / decrease
from the scope of work under the contract.
16. We further confirm that the prices stated in our bid are in accordance with your
Instruction to Bidders included in Tender documents.
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
17. In case you require any other further information/documentary proof before/during
evaluation of our Tender, we agree to furnish the same in time to your satisfaction.
18. We declare that our Bid Price is for the entire scope of the work as specified in the tender
document. These prices are indicated in Commercial Bid submitted as part of the
requirements of Tender.
19. Our commercial proposal shall be binding upon us subject to the modifications resulting
from Contract negotiations, up to expiration of the validity period of the Proposal.
20. We understand you are not bound to accept any Proposal you receive.
21. We hereby declare that our Tender is made in good faith, without collusion or fraud
and the information contained in the Tender is true and correct to the best of our
knowledge and belief.
22. I/We shall disclose any payments made or proposed to be made to any intermediaries
(agents, etc.) in connection with the bid.
23. It is hereby confirmed that I/We are entitled to act on behalf of our corporation/
company/firm/organization and empowered to sign this document as well as such other
documents, which may be required in this connection.
Thanking you,
Yours faithfully
(Signature of the Authorized signatory of the Bidding Organization)
Name :
Designation :
Date :
Company Seal :
Business Address :
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
7.2.3. Certificate of Conformity/ No Deviation
<<To be submitted on the Company Letter head of the >>
Date:
To,
Director, Urban Local Bodies,
Directorate of Urban Local Bodies,
Bays No. 11 - 14, Sector - 4,
Panchkula, Haryana - 134112
This is to certify that, the method for implementation of accrual based double entry accounting
which I/ We have mentioned in the Technical bid, and which I/ We shall apply if I/ We am/ are
awarded with the work, are in conformity with the minimum services of the bidding document and
that there are no deviations of any kind from the requirement specifications mentioned in the
request for proposal.
Also, I/ we have thoroughly read the RFP and by signing this certificate, we hereby submit our
token of unconditional acceptance to all the terms & conditions of the bidding document without
any deviations.
I/ We also certify that the price I/ we have quoted is inclusive of all the cost factors involved in the
end-to-end implementation and execution of the project, to meet the desired Standards set out in
the bidding Document.
Thanking you,
Yours faithfully
(Signature of the Authorized signatory of the Bidding Organization)
Name :
Designation :
Date :
Company Seal :
Business Address :
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
7.2.4. CV format for Proposed Resources
Name of the employee
Name of the employer <<Name of the Bidder >>
Proposed position
Date of Birth
Nationality
Total years of relevant
experience
Total years of relevant
experience in Govt.
Sectors
Certifications Note: Please attach copies of relevant certificates
Education Qualification Name of Degree Date Attended
School / Obtained
College /
University
Note: Please attach copies of relevant certificates
Language Language Read Write Speak
Employment Record Employer Position From (MM To (MM / Exp. in
/ YYYY) YYYY) Months
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
Relevant Experience (Starting with present position list in reverse order)
(Give an outline on the experience most pertinent to tasks mentioned
in the project. Describe degree of responsibility held on these
relevant assignments).
Maximum 8 Projects:
Name of
Assignment/Project
Year
Location
Client
Main project features
Positions held
Activities performed
Certification I, the undersigned, certify that to the best of my knowledge and
belief, this bio-data correctly describes myself, my qualifications,
and my experience.
Date: Signature of the employee / Authorized
Place
Signatory
7.2.5. Approach & Methodology
1. The Bidder should cover details of the methodology proposed to be adopted for
planning and implementation of accrual based double entry accounting systems
relating to establishment of the proposed solution in the ULBs.
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
2. The Bidder may give suggestions on improvement of the scope of work given and
may mention the details of any add-on services related to this project over and
above what is laid down in the tender document. List of deliverables should also
be identified and explained.
3. The bidder shall describe the approach and methodology to be undertaken to
achieve the set objectives and outcomes of the Project including but not limited:
Implementation Approach
Computerization of day to day accounting transaction for the preparation of
Financial Statements
Sustainability of Project (Handholding support to ULB’s Staff)
Risk Management Approach associated with project.
4. The Bidder shall describe the knowledgebase, best practices and tools that will
be used by the project team for the execution of scope of work activities.
7.2.6. Project Plan
S. No Item of Activity Month-Wise Program
M1 M2 M3 M4 M5 …..
1 Activity 1
2 Activity 2
3 Activity 3
4 Activity 4
5 Activity 5
6 Activity 6
Indicate all main activities of the assignment, including delivery of reports and other
benchmarks such as Bidder approvals. For phased assignments indicate activities, delivery
of reports, and benchmarks separately for each phase.
Duration of activities shall be indicated in the form of a bar chart.
Note: The above activity chart is just for the purpose of illustration. Bidders are requested to
provide detailed activity & phase wise timelines for executing the project with details of
deliverables & milestones as per their proposal.
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
7.2.7. Format of Deployment of Personnel
The Bidder should provide a detailed resource deployment plan in place to ensure that
technically qualified staff is available to deliver the project.
The Bidder should provide the summary table of details of the manpower that will be
deployed on this project along with detailed CVs of key personnel
Education Deployment Period (In Total Full
Name Qualification Area of Months) Man- Time/
No. of and Expertise Months Part
Staff Designation M1 M2 M3 M4 M5 N Proposed Time
/ Role
1
2
3
7.2.8. Team Composition
The Bidder shall indicate the overall team composition that is expected to be deployed
across locations as part of this project
Team shall be indicated separately in the overall team composition
Name Area of Position Time Deployment
Expertise assigned committed mode
S.N. of Qualification Experience
on (Onsite /
Staff engagement Offsite)
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RFP for Selection of CA Firm for implementation of ABDEAS in ULB of Hisar Cluster, Haryana
7.3. Annexure - Format for Commercial proposal
7.3.1. Commercial Bid Cover Letter
Name of the Cluster…………………. (To be filled by the Bidding Organization)
To,
Director, Urban Local Bodies,
Directorate of Urban Local Bodies,
Bays No. 11 - 14, Sector - 4,
Panchkula, Haryana - 134112
Dear Sir /Madam:
We, the undersigned, offer to provide the consulting services for [Insert name of Assignment]
in accordance with your RFP dated [Insert Date] and our Technical Proposal.
Our attached Financial Proposal is for the amount of INR………………… (Insert amount(s) in
words) which is inclusive of all taxes, duties and levies. Our Financial Proposal shall be
binding upon us subject to the modifications resulting from Contract negotiations, up to
expiration of the validity period of the Proposal, i.e. before the date indicated in the Data Sheet.
No fees, gratuities, rebates, gifts, commissions or other payments have been given or
received in connection with this Proposal.
We understand that, you are not bound to accept any Proposal you receive.
Yours sincerely,
(Signature of authorized signatory of the Bidding organization and seal)
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RFP for Selection of CA Firm for implementation of ABDEAS in the ULB of Hisar cluster, Haryana
7.3.2. Details of cost components (BOQ format)
Hisar Cluster (22 Towns)
Name of the Bidder:
S.N. ITEM UNIT RATE QTY TOTAL TAXES, TOTAL AMOUNT
(INR) (B) AMOUNT DUTIES INCLUSIVE OF ALL
(A) WITHOUT
AND TAXES, LEVIS,
TAXES LEVIES DUTIES
(INR) (D) (%) (INR)
(C= A*B)
(E = C+ C*D)
1.1 Municipal Corporations: Up to date Books of Accounts and preparation 1
of Opening balance sheet as on 01.04.2018 including Income &
Expenditure A/c & other relevant schedule
1.2 Municipal Corporations: Up to date Books of accounts, entered all 1
transaction in selected accounting software, Preparation of Balance
Sheet of ULBs as on 31-03-2019 Including Income & Expenditure A/c &
other relevant schedule
1.3 Municipal Corporations: Up to date Books of accounts, entered all 1
transaction in selected accounting software, Preparation of Balance
Sheet of ULBs as on 31-03-2020 Including Income & Expenditure A/c &
other relevant schedule
1.4 Municipal Corporations: Up to date Books of accounts, entered all 1
transaction in selected accounting software, Preparation of Balance
Sheet of ULBs as on 31-03-2021 Including Income & Expenditure A/c &
other relevant schedule
1.5 Municipal Corporations: Training and Handholding support to Urban 1
Local Bodies with day to day accounting entries from the Financial Year
2021-22 to till the exit date of Chartered Accountant Firms.
1.6 Municipal Corporations: Preparation of Handholding Support Financial 1
Statements for the Financial Year 2021-22
1.7 Municipal Corporations: Preparation of Handholding Support Financial 1
Statements for the Financial Year 2022-23
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RFP for Selection of CA Firm for implementation of ABDEAS in the ULB of Hisar cluster, Haryana
S.N. ITEM UNIT RATE QTY TOTAL TAXES, TOTAL AMOUNT
(INR) (B) AMOUNT DUTIES INCLUSIVE OF ALL
(A) WITHOUT
AND TAXES, LEVIS,
TAXES LEVIES DUTIES
(INR) (D) (%) (INR)
(C= A*B)
(E = C+ C*D)
2.1 Municipal Councils: Up to date Books of Accounts and preparation of 7
Opening balance sheet as on 01.04.2018 including Income &
Expenditure A/c & other relevant schedule
2.2 Municipal Councils: Up to date Books of accounts, entered all 7
transaction in selected accounting software, Preparation of Balance
Sheet of ULBs as on 31-03-2019 Including Income & Expenditure A/c &
other relevant schedule
2.3 Municipal Councils: Up to date Books of accounts, entered all 7
transaction in selected accounting software, Preparation of Balance
Sheet of ULBs as on 31-03-2020 Including Income & Expenditure A/c &
other relevant schedule
2.4 Municipal Councils: Up to date Books of accounts, entered all 7
transaction in selected accounting software, Preparation of Balance
Sheet of ULBs as on 31-03-2021 Including Income & Expenditure A/c &
other relevant schedule
2.5 Municipal Councils: Training and Handholding support to Urban Local 7
Bodies with day to day accounting entries from the Financial Year 2021-
22 to till the exit date of Chartered Accountant Firms.
2.6 Municipal Councils: Preparation of Handholding Support Financial 7
Statements for the Financial Year 2021-22
2.7 Municipal Councils: Preparation of Handholding Support Financial 7
Statements for the Financial Year 2022-23
3.1 Municipal Committees: Up to date Books of Accounts and preparation of 14
Opening balance sheet as on 01.04.2018 including Income &
Expenditure A/c & other relevant schedule
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RFP for Selection of CA Firm for implementation of ABDEAS in the ULB of Hisar cluster, Haryana
S.N. ITEM UNIT RATE QTY TOTAL TAXES, TOTAL AMOUNT
(INR) (B) AMOUNT DUTIES INCLUSIVE OF ALL
(A) WITHOUT
AND TAXES, LEVIS,
TAXES LEVIES DUTIES
(INR) (D) (%) (INR)
(C= A*B)
(E = C+ C*D)
3.2 Municipal Committees: Up to date Books of accounts, entered all 14
transaction in selected accounting software, Preparation of Balance
Sheet of ULBs as on 31-03-2019 Including Income & Expenditure A/c &
other relevant schedule
3.3 Municipal Committees: Up to date Books of accounts, entered all 14
transaction in selected accounting software, Preparation of Balance
Sheet of ULBs as on 31-03-2020 Including Income & Expenditure A/c &
other relevant schedule
3.4 Municipal Committees: Up to date Books of accounts, entered all 14
transaction in selected accounting software, Preparation of Balance
Sheet of ULBs as on 31-03-2021 Including Income & Expenditure A/c &
other relevant schedule
3.5 Municipal Committees: Training and Handholding support to Urban 14
Local Bodies with day to day accounting entries from the Financial Year
2021-22 to till the exit date of Chartered Accountant Firms.
3.6 Municipal Committees: Preparation of Handholding Support Financial 14
Statements for the Financial Year 2021-22
3.7 Municipal Committees: Preparation of Handholding Support Financial 14
Statements for the Financial Year 2022-23
TOTAL
Dated: Sign & sealed: (Authorized representative of the Bidding organisation)
Place: 76
Note:
RFP for Selection of CA Firm for implementation of ABDEAS in the ULB of Hisar cluster, Haryana
1. Selected Agency is expected to submit their invoice for work undertaken at respective ULBs separately
2. Payment shall be made by respective ULBs upon verification of work undertaken by the Selected Agency
3. In case No. of ULBs increase during the engagement, implementation rate would be based on the unit rate defined in the categories of
ULB submitted in above BOQ.
4. Quantity for each type of Municipality for every activity specified in the BOQ shall be quoted as per structure of the cluster specified in
this RFP
5. In case any discrepancies are found in this quantity - i.e. quantity quoted by Bidder and that specified in the RFP, Client shall have the
right to amend the quantity quoted by the Bidder.
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RFP for Selection of CA Firm for implementation of ABDEAS in the ULB of Hisar cluster, Haryana
7.4. Annexure - Format for Performance and Advance Bank Guarantee
Ref: _________________ Date _________________
Bank Guarantee No. ______________________
To,
Director, Urban Local Bodies,
Directorate of Urban Local Bodies,
Bays No. 11 - 14, Sector - 4,
Panchkula, Haryana - 134112
Whereas, <<name of the supplier and address>> (hereinafter called “the Successful Bidder”) has
undertaken, in pursuance of contract no. <Insert Contract No.> dated. <Date> to provide
Implementation services for <<name of the assignment>> to Directorate of Urban Local Bodies,
Haryana (hereinafter called “the Client”)
And whereas it has been stipulated by in the said contract that the bidder shall furnish you with a
bank guarantee by a recognized bank for the sum specified therein as security for compliance
with its obligations in accordance with the contract;
And whereas we, <Name of Bank> a banking company incorporated and having its
head/registered office at <Address of Registered Office> and having one of its office at <Address
of Local Office> have agreed to give the supplier such a bank guarantee.
Now, therefore, we hereby affirm that we are guarantors and responsible to you, on behalf of the
supplier, up to a total of Rs.<Insert Value> (Rupees <Insert Value in Words> only) and we
undertake to pay you, upon your first written demand declaring the supplier to be in default under
the contract and without cavil or argument, any sum or sums within the limits of Rs. <Insert Value>
(Rupees <Insert Value in Words> only) as aforesaid, without your needing to prove or to show
grounds or reasons for your demand or the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the bidder before presenting
us with the demand.
We further agree that no change or addition to or other modification of the terms of the contract
to be performed there under or of any of the contract documents which may be made between
you and the Successful Bidder shall in any way release us from any liability under this guarantee
and we hereby waive notice of any such change, addition or modification. This Guarantee shall
be valid until <<Insert Date>>)
Notwithstanding anything contained herein:
I. Our liability under this bank guarantee shall not exceed Rs. <Insert Value> (Rupees <Insert
Value in Words> only).
II. This bank guarantee shall be valid up to <Insert Expiry Date>)
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RFP for Selection of CA Firm for implementation of ABDEAS in the ULB of Hisar cluster, Haryana
III. It is condition of our liability for payment of the guaranteed amount or any part thereof arising
under this bank guarantee that we receive a valid written claim or demand for payment under this
bank guarantee on or before <Insert Expiry Date>) failing which our liability under the guarantee
will automatically cease.
Date _________________ Signature _________________
Place _________________ Printed name _________________
Witness _________________
(Bank's common seal)
79
RFP for Selection of CA Firm for implementation of ABDEAS in the ULB of Hisar cluster, Haryana
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RFP for Selection of CA Firm for implementation of ABDEAS in the ULB of Hisar cluster, Haryana
81
GOVERNMENT OF HARYANA
DIRECTORATE OF URBAN LOCAL BODIES
Request for proposal for Selection of CAG empanelled Chartered Accountant Firms for
Implementation of Accrual Based Double Entry Accounting System (ABDEAS) in all the Municipal
Corporations / Councils / Committees of Hisar Cluster of HARYANA.
Request for Proposal
NIT No.1/REFORM(ABDEAS)/IT/DULB/2021 02/04/2021
Sale/Download of RFP document 02/04/2021 to 03/05/2021
Pre-Bid Meeting 09/04/2021
Submission of Proposal document 02/04/2021 to 03/05/2021
Opening of Proposals 03/05/2021
Volume II: Scope of Work
Released by
Directorate of Urban Local Bodies, Haryana
Bays 11-14, Sector-4, Panchkula, Haryana
Phone: 0172-2560075
Fax No. 0172- 2570021 E-Mail: itcell-ulb@hry.gov.in,
Website: www.ulbharyana.gov.in
RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
Table of Contents
1. Introduction ........................................................................................................................ 5
1.1. Outline ......................................................................................................................... 5
1.2. Institutional Profile – About Directorate of Urban Local Bodies (DULB), Haryana ........ 6
1.3. Project Background...................................................................................................... 6
1.4. Project Objectives ........................................................................................................ 7
2. Project Area ....................................................................................................................... 8
3. Scope of Work.................................................................................................................... 9
3.1. AS-IS Assessment for understanding the accounting process ..................................... 9
3.2. Preparation of Opening Balance Sheet ........................................................................ 9
3.3. Preparation of Financial Statements ...........................................................................10
3.4. Municipal Budget ........................................................................................................10
3.5. Handholding Support and Capacity Building to the ULB’s staff: ..................................11
3.6. ULB’s Audited Financial Statements ...........................................................................11
3.7. Income Tax and Goods and Service Tax (GST) Return Filling ....................................11
3.8. MIS and Reporting ......................................................................................................11
4. Components of the Services .............................................................................................12
5. General outputs and timelines ...........................................................................................13
6. Project Management and Governance ..............................................................................15
6.1. Qualification and Experience for Key Resources ........................................................15
6.2. Teaming for implementation of AB-DEAS ...................................................................16
6.3. Steering Committee ....................................................................................................17
6.4. Project Monitoring Committee (PMC)..........................................................................18
6.5. Roles & responsibilities of the stakeholders in the project implementation ..................18
6.5.1. Project Management Unit .................................................................................18
6.5.2. Selected Agency ..............................................................................................19
6.5.3. Directorate of Urban Local Bodies (DULB), Haryana........................................19
6.5.4. Urban Local Bodies, Haryana...........................................................................19
6.6. General Requirements ................................................................................................20
6.7. Initial Composition, Full Time Obligation; Continuity of Personnel...............................20
6.8. Solicitation of Employees ............................................................................................21
6.9. Transition and Exit Management.................................................................................21
7. Annexure – 1: Standard Performa for Financial Statements DULB....................................23
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
8. Annexure – 2: Indicative format of Fixed Assets Register..................................................27
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
1. Introduction
1.1. Outline
Accrual based Double Entry Accounting Reform is a mandatory reform as per the 74th
Constitutional Amendment, Government of India (GoI) flag ship programmes and is
one of the conditions stipulated by the 12,13, 14 Finance Commission, including
AMRUT. Government of Haryana now envisions the adoption of Accrual Based Double
Entry Accounting Reforms in all ULBs of the state.
The 74th Constitutional Amendment Act, 1992 (CAA) gave constitutional status to
ULBs in India and empowered them to function as local self-governments to
provide good urban governance. One of the many facets of improved good urban
governance is maintaining of complete set of accounting records to ensure
accountability and transparency in all government functions. This necessitates all
ULB to convert their existing accounting and financial management system to such
methods which have wide acceptance.
In terms of the 12th Finance Commission (TFC) recommendations and the
Guidelines issued by the Ministry of Finance, Government of India (GoI), there was
a suggestion for accrual based accounting for all ULBs across India.
In 2001, the Honourable Supreme Court indicated that all ULBs must convert their
existing system of accounting in to Accrual Based Double Entry Accounting System
(ABDEAS) following Accrual-based methods.
Also, as per the 13th FC Recommendations, the State Government must put in
place a supplement to the budget documents for local bodies (separately for PRIs
and ULBs) furnishing the details (other than those relating to Finance Accounts).
The State department should require urban local bodies to maintain accounts as
provided in Para 10.116. [Para 10.116 provides that “the states should implement
in all urban local bodies an accounting framework consistent with the accounting
format and codification pattern suggested in the National Municipal Accounts
Manual.]
As per the 14th FC Recommendations, the books of accounts prepared by the
Urban Local Bodies should distinctly capture income on account of own taxes and
non-taxes, assigned taxes, devolution and grants from the state, grants from the
Finance Commission and grants for any agency function assigned by the Union
and state Govt. Also, Municipality will have to submit the audited books of accounts
that relate to year not earlier than two years preceding the year for claiming the
performance grant.
The Atal Mission for Rejuvenation and Urban Transformation (AMRUT) is a
landmark initiative of Government of India for improving infrastructure and service
delivery system in cities having one lakh and more population through better
governance and financial management system. To achieve this, the mission
envisages the implementation of Double Entry Accounting System in the AMRUT
cities.
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
The intent of this document is to provide the detailed scope of work for Bidder/ who
shall be engaged for Implementation of Accrual based double entry accounting
systems handholding support for all the Municipal Corporations / Councils /
Committees of Hisar Cluster of Haryana
1.2. Institutional Profile – About Directorate of Urban Local Bodies (DULB), Haryana
Urban Local Bodies are the constitutionally provided administrative units to provide basic
infrastructure and services in urban areas i.e. cities and towns. The Directorate of Urban
Local Bodies, Haryana was established on 1st April 1982 to lay a solid foundation for the
Urban Development in the State of Haryana. For efficient and effective service delivery,
the Directorate of Urban Local Bodies (DULB) continuously replace traditional delivery
system of public services by new and improved system of governance that works better,
costs less and is capable of serving the citizens’ needs with ease.
The Directorate of Urban Local Bodies is headquartered at Panchkula and the Municipal
Corporations, Councils and the Committees are located across Haryana. At present,
there are 11 Municipal Corporations, 21 Municipal Councils and 57 Municipal
Committees in the state which are headed by Municipal Commissioners and other
established officers.
1.3. Project Background
Most ULBs in the Haryana, in present scenario maintaining books of accounts on cash
based Single Entry Accounting System, which is based on the Haryana Account Code,
1930. For preparing the financial statements and reporting, ULBs are need to maintain
the various records such as Cash Book, Register of Deposits, Register of Tools,
Equipments, Plants and Liabilities payable etc. However, in practice, it is observed that
many of these records are not updated by ULBs on regular basis & thus available data
at any point of time is insufficient to arrive at actual financial position of ULBs. Accounting
and financial reporting in ULBs needs to be strengthened and modernized urgently.
ULBs are required to follow the Accrual Based Double Entry Accounting system as
prescribed by Directorate of Urban Local Bodies, Haryana.
The Directorate of Urban Local Bodies (DULB) expects that it would substantially
enhance capacity of ULBs in Accounting and Financial reporting.
Cash-basis accounting, as followed by Haryana’s ULBs, has the following limitations:
a) Lack of uniformity of accounting: Currently there is no proper codification
structure as per NMAM followed by any of the ULB’s in Haryana. Few of the
Municipal corporations are using Tally as a base software for day to day
transactions, but Chart of accounts are not configured and mapped into it as per
NMAM guidelines.
b) Budget preparation is not uniform: The ULBs are Haryana are not preparing the
budget if prepared the format and process for budget preparation is not uniform.
c) Non- maintenance of registers: ULBs are envisaged to maintain records in
various forms such as PFR, Securities register, Register of Deposits, Register of
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
Tools, Equipment’s & Plants etc. However, in practice, it is observed that many
of these records are not updated by ULBs on regular basis & thus available data
at any point of time is insufficient to arrive at actual financial position of ULBs.
d) No IT Application: Currently there is no IT application running in ULBs, some of
the ULBs are maintaining books of accounts in Tally but there is no complete
recording system of day to day transactions. There is no integration between the
accounting and revenue system of the ULBs.
e) Non maintenance of Asset Register: The ULBs in Haryana are not having the
complete records of assets. This also impact the Credit rating of the ULBs as the
input for the credit rating is derived from the information available at ULBs.
f) No Trail Balance: Since every debit does not have a corresponding credit, a Trial
Balance cannot be extracted to test the arithmetical accuracy of the entries.
g) No Balance Sheet: In absence of proper records of any assets and of any
allowances for depreciation or other losses of value, it is not possible to prepare
a Balance Sheet.
h) No monitoring at HQ level: The current system of accounting lacks the
preparation of MIS reports for monitoring at the State HQ.
i) Lack of Completeness: Financial statements do not reflect the complete and
comprehensive financial position of the ULB with relation to fixed assets, capital
work-in-progress, current assets, current liabilities, depreciation for replacement
of assets, etc.
j) Cost allocation: Separate revenue and cost allocations are not ascertainable for
the different utilities and services provided by the ULBs.
k) Lack of matching concept: No weight is given to the concept of “matching,” i.e.,
the idea that expenses from a specific period should be set against the revenues
from the same period.
l) Error and omission: The records are maintained in single entry systems so it is
too easy to perpetrate the errors and frauds and too difficult to detect them.
m) Contingent assets and liabilities: No disclosure is made about contingent assets
and liabilities that may turn into committed ones on account of guarantees given
or letter of comfort issued by the ULB.
1.4. Project Objectives
The key objective of this project is migration from single entry to double entry accounting
system in ULBs. The reforms initiative proposes to upgrade all ULB’s from the existing
manual cash-based accounting system to Computer based accrual double entry
accounting systems. This will help ULBs streamline their Municipal Accounting systems
through process re-engineering and use of IT tools and Technologies, which will bring
transparency in departmental process and ensures completeness and correctness in
books of accounts.
The overall objective as envisaged under this scope is to enforce the Accrual- based
Double Entry Accounting System and certain good practices of financial management in
all the Municipal Corporations / Councils / Committees of Hisar Cluster of Haryana on
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
updated basis which would ensure that the financial transactions of these ULBs shall be
in the formats prescribed using accrual based DEAS. The broad aim of the assignment
is to ascertain sustainability of the accrual-based DEAS, Asset Accounting including
Inventory Management and Preparation of Financial statements as per provisions; and
to promote accountability of use of public funds, provide data for sound and economic
financial management practices.
The key objective of implementation of ABDEAS:
Single entry to Double entry accounting system
Creation and Finalization of codification structure and updation of Accounts Code
1930 Manual for ULBs of Haryana
Preparation of books of accounts including ledgers
Finalization of accounts based on the financial year i.e. Preparation of Trail Balance,
Profit and loss A/C and Balance Sheet of the ULBs.
Budget Management & approvals
Inventory and Assets Management
Managing day–to-day financial transactions covering receipts and payments.
Bank Reconciliation Statements and Generation of MIS reports
2. Project Area
Following is the table showing the list of ULBs for Hisar Cluster for implementation of accrual
based double entry accounting systems:
S.N. NAME OF ULBs Hisar Cluster (22 Towns)
1. Hissar TYPE OF ULBs
2. Hansi Municipal Corporation
3. Fatehabad Municipal Council
4. Tohana Municipal Council
5. Sirsa Municipal Council
6. Mandi Dabwali Municipal Council
7. Jind Municipal Council
8. Narwana Municipal Council
9. Barwala Municipal Council
10. Narnaud Municipal Committee
11. Uklana Municipal Committee
12. Bass Municipal Committee
13. Sisai Municipal Committee
Municipal Committee
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
14. Ratia Municipal Committee
15. Bhuna Municipal Committee
16. Jakhal Mandi Municipal Committee
17. Rania Municipal Committee
18. Kalanwali Municipal Committee
19. Ellenabad Municipal Committee
20. Safidon Municipal Committee
21. Uchana Municipal Committee
22. Julana Municipal Committee
3. Scope of Work
The selected Firm shall be responsible for the time bound completion of project
deliverables as envisaged in RFP. The personnel’s deployed by the Firm shall work in all
the Municipal Corporations / Councils / Committees of Hisar Cluster of Haryana.
Broadly the scope of services of consulting firm shall be the following but not limited to the
same, if there are any changes in future during the course of the project, on account of any
Govt. notifications pertaining to the Clauses specified in the RFP documents, those
changes shall be deemed to be the part of scope of work and Bidder shall be bound to
conduct the additional activities without any additional remuneration:
3.1. AS-IS Assessment for understanding the accounting process
a) Rapid Assessment of the Existing Finance & Accounting Systems and Review of
on-going initiatives in ULBs and identification of the gaps/ deviation from amended
Haryana Municipal Accounting Code/ National Municipal Accounts Manual
(NMAM).
b) Recommending process re-engineering of existing accounting related practices,
recommend necessary changes and help implement the same in ULB so as to
enable the implementation of a real time live ABDEAS online system at the ULB
from the financial year 2021-22 onwards.
3.2. Preparation of Opening Balance Sheet
a) Carrying out Survey & verification of municipal Assets (Fixed Assets & Moveable
Assets) & Inventory, Incorporation of the assets, if any, (by physical verification)
not identified so far, Carrying out Valuation of Fixed Assets & Movable assets &
liabilities as per Government Notifications/Municipal Accounting Manuals.
preparation of a Comprehensive Fixed Assets Register (FAR)/ Documents.
b) Preparation of Opening Balance Sheet of the ULB under the Accrual Based
Double Entry Accounting System as on 1st April 2018 after caring out the survey,
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
verification and listing of municipal assets and liabilities.
3.3. Preparation of Financial Statements
a) Computerisation of all Accounting Transactions of all ULBs in the cluster allotted
in Accrual Based Double Entry Accounting System for the financial year 2018-19
onwards through Finance and Accounting Module of DIGIT platform (eGov
Foundation)/ suitable software available & thereby establishing computerized
Accounting System in the ULBs. The computerized Accounting System shall be
interlinked with other existing or proposed system of ULBs so that it
synchronization with the output of each system like Property Tax, Fixed Asset &
others could be established.
b) Updating of fixed assets register/document and prepare the comprehensive
register / document for each of the financial year under the assignment from 2018-
19. Prepare and update subsidiary cash books, grant register, scheme registers,
loan register, deposit register, Property tax receivables register, account payable
etc (if not prepared by the ULB) for the period starting from FY 2018-19 to FY
2022-23.
c) Preparation of Trial Balance, Income and Expenditure statements, Bank
Reconciliation Statements, Receipts and Payment Statements, Cash Flow
Statements, Balance sheet & relevant schedules & annexure as per Haryana
Municipal Accounts Code/National Municipal Accounts Manual for the Financial
year 2018-19,2019-20, 2020-21, 2021 -22 & 2022-23.
d) Preparation of Advance and Deposit Registers;
e) Assist in the reconciliation of amounts receivables/recoverable (on account of
license fees, interest on deposits, loans and advances etc.) and amounts payable
to supplier, contractors, employees etc. and obtaining confirmation of balances;
f) Assist in reconciling the investments in fixed deposits, etc. and determine the
amount of accrued interest. Obtain balance confirmation from institutions holding
deposits on behalf of the ULB;
g) Assessment of Capital Work in Progress and contingent liabilities;
h) Identification of pre-paid expenses, outstanding expenses, outstanding income
and any income which is received in advance;
i) Identification of any grant received for specific projects, and the work done till
date; pending balance, if any.
j) Receivables and payables management concerning improved collection of dues
and timely payments of contractors/suppliers;
k) Preparation of General Provident Fund ledgers of employees of ULBs;
l) Preparation of work ledgers including treatment of income tax, goods and service
tax, sales tax, royalties, and others as applicable for data migration;
3.4. Municipal Budget
Assist in implementation and preparation of budgets (including outcome budgeting)
for FY 2022-23 as per the Haryana Municipal Accounts Manual/ National Municipal
Accounts Manual.
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
3.5. Handholding Support and Capacity Building to the ULB’s staff:
a) The firm shall be responsible for simultaneously Imparting on the job training /
handholding support to the accounting staff of the ULBs, as part of the hand –
holding assistance, for ensuring building up of necessary competencies in them
for future maintenance of accounts & computerized system subsequent to
migration to accrual based double entry accounting system. Successful bidder
shall be required to enter all the transaction for financial year 2018-19 onward in
relevant software till schedule date of completion of Contract or exit date from
ULB for completion of work taking the support from ULB staffs, so that they
acquire competence to carry forward the work from that date.
b) Provide handholding support and assistance to sustain the new accounting
system including asset accounting and inventory management, and provide
necessary ’on site’ professional support in maintaining various books of accounts
prescribed;
3.6. ULB’s Audited Financial Statements
a) Assist ULBs in getting completed financial statements audited by external
auditors, if any;
b) Review the audit queries raised/audit para, assist in preparation of action plan,
assist in developing a standardized process for audit resolution so as to eliminate
possibility of future recurrence of such audit queries/audit para.
c) Assist ULBs in formulating & putting in place proper system in respect of smooth
functioning of Audit/Account committees formed / to be formed at each ULB.
3.7. Income Tax and Goods and Service Tax (GST) Return Filling
The Bidder firm to comply with all the provision of the Income Tax Act, GST Act and
Rules thereunder for Monthly, Quarterly and Annual Return filling during the project
engagement period.
3.8. MIS and Reporting
a) The Bidder Firm shall be responsible for the implementation of ABDEAS in the
ULB(s) and will report periodically not later than fortnightly or as and when
necessary to the Directorate of Urban Local Bodies (DULB).
b) Assist in implementing the MIS structure and ensuring regular updates to the MIS,
so that Directorate of Urban Local Bodies (DULB) can receive correct and timely
information from ULBs.
c) Compilation & submission of all needed information required for State and Central
Finance Commission and Directorate of Urban Local Bodies (DULB) related to
the ULBs under its jurisdiction;
d) Preparation and furnishing of all financial reports to Directorate as may be
prescribed by the Directorate, Urban Local Bodies from time to time
e) Any other activities for the purpose specified in this Request for Proposal (RFP)
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
4. Components of the Services
Phase Milestones
Pre- 1. Carrying out Survey & Verification of Municipal Assets &
Implementation Inventory.
2. Valuation of Fixed Assets & Movable Assets & Liabilities.
3. Determination and creation data base of Fixed Assets,
infrastructure assets, Current assets, Investments, Long term
liabilities, Current Liabilities and net worth as on the
transaction date.
4. Categorization, grouping and sub-grouping of assets and
liabilities.
5. Reducing backlog in Bank Reconciliation, updation of registers
and adoption and audit of Annual Financial Statements.
6. Assessing Existing System of Municipal Accounting,
Identifying Deficiencies, Verifying availability of Data with
ULBs & Submission of Status Report ULB-Wise
Computerization 1. Computerization of Records and Accounting system using the
new codes and account heads-Using selected software which
should cover Expenditure module, Income module, Budget
module and procedures module using new codes and chart of
accounts.
2. Generating MIS reports
3. Computerization of Bank Reconciliation.
4. Development and Updation of Data of Pay Roll System and
grouping employees under Function Functionary wise.
Book-keeping, 1. Book-keeping, Accounting and Assisting the ULBs in account
Accounting and related activities from FY 2018-19 onwards.
Implementation of
ABDEAS 2. Implementation of Accrual Based Double Entry Accounting
System.
Preparation of 1. Preparation of Financial Statements for the transition period as
Financial on 01.04.2018
Statements
2. Preparation and finalisation of financial statement, relevant
schedules and annexures for the Financial Year 2018-19, 2019-
20, 2020-21, 2021-22 & 2022-23.
Training and 1. Training and Handholding support to ULBs and day to day
Handholding accounting entries.
support
2. Any other activities for the purpose specified in this Request for
Proposal (RFP).
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
The Bidder may shall submit a Report highlighting issues that could become critical for
the timely completion of the work and that requires urgent attention of the Directorate,
Urban Local Bodies and Urban Local Bodies.
Regular communication with Directorate of Urban Local Bodies is required in addition to
all key communications. This may take the form of telephone/ teleconferencing, e-mails,
faxes, and occasional Meetings.
5. General outputs and timelines
The duration of this assignment shall be 30 (thirty) months unless any corrigendum issued in
this favour, to the Terms of Reference mentioned in request for proposal Volume-II. The
assignment is output based. The expected outputs/ deliverables for the Selected Agency
would be as below during the period of assignment:
Where T = signing of the agreement
SN. Deliverable/output Timeline (from
signing date of
Agreement)
1. i. Survey and listing out of moveable and immovable T1 = T+ 4 Months
ii. Assets, inventory, liabilities, and carrying out T2 = T1+1 Month
valuation of fixed assets & liabilities of Urban Local
Bodies as per government notifications/Municipal
accounting code.
Approval of legacy data listing by concerned Urban
Local Bodies.
i. Preparation and approval of Opening Balance Sheet
2. of Urban Local Bodies as on 0 1 - 0 4 - 2 0 1 8 including
Income & Expenditure Account & other relevant
ii. schedule as per Haryana Municipal Accounts
Code/National Municipal Accounts Manual.
Handholding support to Urban Local Bodies accounts
related staff and upload the FS on the website of
concerned Urban Local Body and Directorate of Urban
Local Bodies.
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
SN. Deliverable/output Timeline (from
signing date of
Agreement)
3. i. Up to date Books of accounts, entered all transaction T3= T2+1 Month
ii. in selected accounting software, Preparation and
approval of Balance Sheet of Urban Local Bodies as
on 31-03-2019. Including Income & Expenditure
Accounts & other relevant schedule as per Haryana
Municipal Account Code/National Municipal Accounts
Manual.
Handholding support to Urban Local Bodies Accounts
related staff and upload the FS on the website of
concerned Urban Local Body and Directorate of
Urban Local Bodies.
4. i. Up to date Books of accounts, entered all transaction T4= T3+1 Month
ii. in selected accounting software, Preparation and T5= T4+1 Months
approval of Balance Sheet of Urban Local Bodies as
5. i. on 31-03-2020. Including Income Expenditure
ii. Account & other relevant schedule as per Haryana
Municipal Accounts Code/National Municipal
Accounts Manual.
Handholding support to Urban Local Bodies Accounts
related staff and upload the FS on the website of
concerned Urban Local Bodies and Directorate of
Urban Local Bodies.
Up to date Books of accounts, entered all transaction
in selected accounting software, Preparation and
approval of Balance Sheet of Urban Local Bodies as
on 31-03-2021. Including Income Expenditure, A/c &
other relevant schedule as per Haryana Municipal
Accounts Code/National Municipal Accounts Manual.
Handholding support to Urban Local Bodies Accounts
related staff and upload the FS on the website of
concerned Urban Local Bodies and Directorate of
Urban Local Bodies.
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
SN. Deliverable/output Timeline (from
signing date of
Agreement)
6. i. Training and Handholding support to Urban Local T6= T5 to end of
ii. Bodies with day to day accounting entries from the contract period
Financial Year 2021-22 to till the exit date of
Chartered Accountant Firms. (30 Months)
All the balance services as per detailed scope
mentioned in Request for Proposal Volume -II
7. i. Preparation of Handholding Support Financial T7= September
ii. Statements for the Financial Year 2021-22 2022
Approval of Financial Statements and upload on the
8. i. website of concerned Urban Local Body and T8 = September
ii. Directorate of Urban Local Bodies 2023
Note: Preparation of Handholding Support Financial
Statements for the Financial Year 2022-23
Approval of Financial Statements and upload on the
website of concerned Urban Local Body and
Directorate of Urban Local Bodies
1. The activities/assignment mentioned in above table-serial No 3, 4 and 5 will have to be
carried out parallel within the given time period.
2. All reports must be submitted in both print and electronic version to the concerned ULBs,
Directorate of Urban Local Bodies (Govt. of Haryana). All equipment required for
satisfactory services for this project shall be obtained by the C.A. Firm at their own cost
and shall be their property.
6. Project Management and Governance
6.1. Qualification and Experience for Key Resources
a) The bidder firm shall provide qualified manpower for the execution of tasks defined in
this Request for proposal the manpower to be deployed shall be experienced and
technically capable in their job. The minimum qualifications and skill requirements of
key persons are mentioned the request for proposal. The CVs of the manpower shall
be got approved from the Directorate of Urban Local Bodies.
b) The responsibility of depositing required amounts in Provident Fund or Insurance or
any other statutory requirement, as per prevalent laws, shall solely be that of the
bidder and the procuring entity /Client shall in no way be liable / responsible for
fulfilment of these obligations.
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
c) Deployment and Supervision of personnel required for the Successful completion of
the Project. The bidder shall be responsible for sourcing of the personnel and the
management of all matters relating to such personnel, to carry out the responsibilities
assigned to the bidder under the agreement with the bidder. In particular, these
include:
o Recruitment of the personnel possessing the qualifications prescribed in the RFP;
o Training of the personnel;
o Payment of salaries and benefits to the personnel;
o Meeting all statutory obligations / payments arising out of engaging the personnel;
o Meeting all the liabilities arising out of the acts of the personnel
d) During the course of the contract, if it becomes necessary to replace any of the Key
Personnel, the bidder shall forthwith with due approval from Directorate of Urban
Local Bodies and Urban Local Bodies provide as a replacement, a person of
equivalent or better qualifications and experience than the resource being replaced /
or proposed in the bid.
e) The resource support proposed in the proposal should be on the rolls of the bidder(s)
at the time of submission of the proposal. For any change of the resource or any
resource being proposed for operations, the bidder should have to submit the CV of
the resource, at least 2 weeks in advance to Directorate of Urban Local Bodies and
Urban Local Bodies to decide on the replacement.
f) The bidder must ensure that the minimum number of Personnel proposed in the RFP
is available. However, bidder is expected to provide information on the different levels
of resources proposed for the project. The bidder is expected to estimate the
requirements of resources considering the requirements provided in this tender and
to implement it successfully. The bidder can provide the list of resources for helpdesk
for employees after selection.
g) All the concerned staff should log an attendance on a daily basis at their respective
reporting location.
The detailed qualification and experience requirements for the key professional personnel
are specified in the RFP Volume - I (Table of Key Professionals Staff
competencies/experience)
6.2. Teaming for implementation of AB-DEAS
The Selected Bidder has to deploy at least one Account Assistant, one Data Entry Clerk
at each location of ULB and Deputy Project Manager and Project Manager at Cluster
Level. Bidder has to also ensure Account Assistant and Data Entry clerk full time
deployed at each ULB and minimum one visit fortnightly of Deputy Manager and one visit
monthly of Project Manager at each ULB of concern cluster during the project
implementation period to support for daily operations of accounting applications.
The selected bidder shall provide services in concerned municipality as per the resource
deployment requirements stated in the RFP.
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
The proposed services shall be normally manned for a period of 8 hours each day (6
days per week) as per the requirement throughout the year (excluding national holidays)
or as decided by the Office of the Tendering Authority. But in exception condition or in
urgency of work, the support might be required on holidays. The selected bidder shall
maintain an attendance register for the resources deployed.
Also, it would be the responsibility of the Selected Bidder to retain the deployed
manpower for the entire Contract/ Project duration or in the event of a resource leaving
the employment with the selected bidder, the same shall be immediately replaced with
another resource of equivalent minimum qualifications and experience mentioned in
request for proposal. All such events should be notified prior to the concerned
municipality in writing.
The staff provided by the Selected Bidder will perform their duties in accordance with
the instructions given by the designated officers of the concerned municipality from time
to time. The Directorate of Urban Local Bodies (DULB) will examine the qualification,
experience etc. of the personnel provided before they are put on the designated
positions. The Selected Bidder has to take approval from Directorate of Urban Local
Bodies (DULB) for the proposed staff before their deployment. The Directorate of Urban
Local Bodies (DULB) and Urban Local Bodies have every right to reject the personnel,
if the same is not acceptable, before or after commencement of the awarded work/
project.
It is responsibility of the selected bidder to scale up the implementation team as and
when required to ensure smooth project execution throughout the duration.
Some of the key project management governance requirements are covered in this
section. Selected Agency are expected to detail the governance framework in their
proposal. Bidders are also free to propose their own governance structure as part of
response to this RFP. The Selected Agency’s proposed governance model will be
discussed between Selected Agency and Directorate of Urban Local Bodies at the time
of on-boarding. The final Project Management and Governance Model shall be instituted
by the Selected Agency only after the approved by DULB, Haryana.
6.3. Steering Committee
A Steering Committee consisting of senior stakeholders from DULB, Haryana; personnel
/ officials / representatives of various agencies as nominated by DULB, Haryana; and the
Selected Agency is proposed to be constituted. Selected Agency is expected to nominate
its Organization / Department Head or his / her immediate sub-ordinate as part of the
Steering Committee.
The Selected Agency shall participate in monthly Steering Committee meetings and
update Steering Committee on Project progress, Risk parameters (if any), Resource
deployment and plan, immediate tasks, and any obstacles in project. The Steering
Committee meeting shall be a forum for discussing and seeking approvals on critical
project decisions, etc.
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
All relevant records of proceedings of Steering Committee shall be maintained, updated,
tracked and shared with the Steering Committee and Project Management Office by the
Selected Agency.
During the Implementation Phase of the Project, it is expected that at least one Steering
Committee meeting is held every month.
Other than the planned meetings, in exceptional cases, DULB may call for a Steering
Committee meeting with prior notice to the Bidder.
6.4. Project Monitoring Committee (PMC)
A Project Management Committee (PMC) is proposed to be set up at the time of initiation
of the Project. The PMC will, at the minimum, include a designated full time Project
Manager from Selected Agency. The PMC will also include key persons from other
relevant stakeholders like DULB, Haryana; selected Municipalities; PMU and
Consultants appointed by DULB, Haryana; and other officials / representatives of
relevant agencies by invitation. The operational aspects of the PMC shall be handled by
the Selected Agency including maintaining weekly status, minutes of the meetings,
weekly / monthly / project plans, etc.
PMC is proposed to meet formally on a fortnightly/ monthly / quarterly, as required basis
covering, at a minimum, the following agenda items:
a) Project Progress
b) Delays, if any – Reasons thereof and ways to make-up lost time
c) Issues and concerns
d) Performance and SLA compliance reports;
e) Unresolved and escalated issues;
f) Change Management - Proposed changes, if any
g) Project risks and their proposed mitigation plan
h) Discussion on submitted deliverable
i) Timelines and anticipated delay in deliverable if any
j) Any other issues that either party wishes to add to the agenda.
6.5. Roles & responsibilities of the stakeholders in the project implementation
6.5.1. Project Management Unit
A separate Project Management Unit is envisaged to be engaged by DULB,
Haryana to support the implementation of the system and will monitor the following:
a) Project Management Unit (PMU) at the Directorate of Urban Local Bodies level
is proposed to be constituted to review the work of the firm and make sure that
the work is proceeding according to the agreed programme. The PMU will
ensure that the Firm work is not held up for want of clearances from any
department.
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
b) The PMU will monitor the progress and make modifications in the programme
as and when necessary.
c) The Firm shall finalize a programme and submit for fortnightly progress reports
on tasks achieved and any other details required by PMU.
d) The progress report shall indicate inter-alia a status of the work completed and
other information for monitoring progress. Reasons for short fall should be
clearly stated and suggestions for corrective measures be given.
6.5.2. Selected Agency
DULB, Haryana envisages to follow an integrated approach towards
implementation of accrual based double entry accounting systems. Accordingly,
all the components are being “bundled” at the state level and contracted out to a
single Agency who would act as a single point of contact and accountability.
The Selected Agency shall be held responsible for the outcomes of the program
and their payments would be linked to the progress of the project as well as the
outcomes of the program. The payment schedule will be based on achieving
milestones of the Project as well as on accomplishing those milestones with
predefined SLAs and Standard.
6.5.3. Directorate of Urban Local Bodies (DULB), Haryana
a) Reviewing the Request for proposal
b) Issue of the LOI to the Successful Bidder
c) Contract signing with Successful Bidder
d) Policy Directions and Guidance for successful execution of the Project,
e) Creating a supporting environment for the success of the project
f) Approval of Documents/ Deliverables
g) Approval of various Project Components and Functionalities to be covered in
the Project
h) Review progress of the Project
i) Ensure proper Training arrangements
j) Ensure deployment of appropriate handholding personnel
k) Other important policy and procedural issues
l) Acceptance for completion of project.
6.5.4. Urban Local Bodies, Haryana
a) To promptly provide all the data, information, approvals, documents.
b) Review progress of the Project
c) Approval of Documents/ Deliverables
d) Timely Release of Payments to Selected Agency as per contract milestones
e) Ensuring the Urban Local Bodies staff properly taken the training from selected
agency
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
6.6. General Requirements
a) Within the defined timelines, Selected Agency is expected to prepare a
comprehensive project plan for entire project covering detailed tasks which are to be
carried out as a part of this project along with delivery schedule and key milestones.
b) Selected Agency is expected to setup a Project Management Information System
which will enable sharing of project plan, regular status updates with all relevant
stakeholders involved
c) Selected Agency is expected to define the final Project Governance Structure
detailing and highlighting roles and responsibilities for all stakeholders involved from
Selected Agency is expected to’s Team; DULB, ULB, Haryana; and other identified
stakeholders. Requirements / expectations of the Selected Agency from DULB and
ULB, Haryana shall be discussed by the Selected Agency with DULB, Haryana, and
be jointly finalized and signed off between the Selected Agency and DULB, Haryana
with the consent of respective Urban Local Bodies
d) Selected Agency is expected to detail the implementation approach, phases involved
and highlight dependencies, and submit the same to DULB, Haryana
e) Project plan shall necessarily cover areas of time, scope, quality, and risk
management for the entire project. Project Plan shall also include a work breakdown
structure detailing various components expected as outcomes which need to be
mutually agreed with DULB, Haryana.
f) Considering that the project involves a major transformational change the operations
of Municipalities and state-level machinery of the State of Haryana, Selected Agency
is expected to detail out a comprehensive change and communications management
strategy and plan. It is also expected that this plan will be mutually agreed with DULB,
Haryana by Selected Agency.
g) The Selected Agency is expected to that the initially approved project plan may be
revised with mutually revised timeline and be shared with all stakeholders from time-
to-time
h) Selected Agency with DULB, Haryana’s approval will prepare and publish a Change
Control Procedure to monitor implementation of any changes in the contract subject
to conditions as laid out in this RFP. No change will be accepted without approval of
the change control board (CCB) formed and defined as a part of project governance
structure.
i) Schedule for deployment of personnel will be shared upfront with DULB and ULB
Haryana and the Selected Agency will comply with the conditions as laid down in this
RFP.
6.7. Initial Composition, Full Time Obligation; Continuity of Personnel
a) Bidder shall ensure that each member of the Key Personnel devotes substantial
working time to perform the services to which that person has been assigned as per
the proposal.
b) Bidder shall not make any changes to the composition of the Key Personnel and not
require or request any member of the Key Personnel to cease or reduce his or her
20
RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
involvement in the provision of the Services during the Term (or agree to any request
other than from DULB that would have the same effect):
o Unless that person resigns, is terminated for cause, dies, is long-term disabled,
is on permitted mandatory leave under Applicable Law or retires; and without
DULB’s and Respective ULB’s prior written consent. The clauses of non-
disclosure agreement shall always operate in any such case.
o Bidder shall promptly notify DULB and respective ULB of its intention to re-hire
any member of the Key Personnel who had resigned from bidder in the previous
12-month period. DULB and respective ULB shall have the right to request that
any member of the Key Personnel who resigns and is re-hired by bidder within
12 months of the resignation date be re-assigned to the provision of the Services.
c) In case the resource has resigned, then the bidder has to inform DULB and
Respective ULB within one week of such resignation.
d) Bidder shall promptly initiate a search for a replacement and use commercially
reasonable efforts (including the expenditure of reasonable sums, such as to engage
the services of a recruiting firm) to ensure that the role of any member of the Key
Personnel is not vacant for any longer than 30 days, subject to reasonable extensions
requested by bidder of DULB and respective ULB.
e) Before assigning any replacement member of the Key Personnel to the provision of
the Services, bidder shall provide DULB with:
o A resume, curriculum vitae and any other information about the candidate that is
reasonably requested by DULB; and
o An opportunity to interview the candidate, if required.
f) The bidder has to provide replacement resource, who scores at least the same marks
as the resource proposed originally on the same evaluation parameters defined in this
RFP document. Once this confirmation is received, DULB may request for an
interview of the candidate and notify bidder within mutually agreed timelines. If DULB
does not request an interview within mutually agreed timelines then it would be
deemed as accepted.
g) If DULB does object to the appointment, bidder shall not assign the individual to that
position and shall seek an alternative candidate.
6.8. Solicitation of Employees
During the Termination and during the period thereafter, DULB, Haryana shall have the
right to solicit and hire:
a) In case of a termination for convenience, all members of the Key Personnel; and
b) In case of a termination other than for convenience, all members of the Key
Personnel; in addition, in each case, any two members of the Selected Agency’s
Team (other than Key Personnel) of Selected Agency's choice and at its sole
discretion.
6.9. Transition and Exit Management
Bidders are expected to submit a detailed Transition and Exit Management plan as part
of its technical proposal. DULB, Haryana shall evaluate the Transition and Exit
21
RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
management plans submitted by the Successful Bidder, recommend suitable changes;
if necessary and adopt the plan. The Plan approved by DULB, Haryana shall be
implemented by the Selected Agency. The plan needs to be discussed and approved by
DULB. The detailed Transition and Exit Management plan will be dealt as per the MSA
of Request for proposal Volume -III
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
7. Annexure – 1: Standard Performa for Financial Statements DULB.
Following is the indicative format as per the National Municipal Accounts Manual for
preparation of Financial Statements
Name of ULB------
INCOME & EXPENDITURE ACCOUNT FOR THE YEAR ENDED XXXXXX
Code Item/ Head of Account Sch. Current Year Previous Year
No. 2 No (INR.) (INR.)
4 5
1 3
INCOME
110 Tax Revenue I-1 - -
120 Assigned Revenues & Compensation I-2 - -
130 Rental Income from Municipal Properties I-3 - -
140 Fees & User Charges I-4 - -
150 Sale & Hire Charges I-5 - -
160 Revenue Grants, Contributions & Subsidies I-6 - -
170 Income from Investments I-7 - -
171 Interest Earned I-8 - -
180 Other Income I-9 - -
A Total – INCOME - -
EXPENDITURE
210 Establishment Expenses I-10 - -
220 Administrative Expenses I-11 - -
230 Operations & Maintenance I-12 - -
240 Interest & Finance Expenses I-13 - -
250 Programme Expenses I-14 - -
260 Revenue Grants, Contributions & subsidies I-15 - -
270 Provisions & Write off I-16 - -
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
271 Miscellaneous Expenses I-17 - -
- -
272 Depreciation -
- -
B Total – EXPENDITURE I-18 -
A-B Gross surplus/ (deficit) of income over -
- -
expenditure before Prior Period Items -
- -
280 Add: Prior period Items (Net)
Gross surplus/ (deficit) of income over -
expenditure after Prior Period Items
Less: Transfer to Reserve Funds -
290
Net balance being surplus/ deficit carried
over to Municipal Fund
24
RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
Name of ULB---------
BALANCE SHEET AS ON XXXXXX
Code Description of items Sch. Current Year Previous Year
No LIABILITIES (INR.)
Reserve & Surplus No. (INR.)
310 Municipal (General) Fund -
311 Earmarked Funds B-1 - -
312 Reserves B-2 - -
Total Reserves & Surplus B-3 - -
320 Grants, Contributions for specific purposes -
330 Loans -
331 Secured Loans B-4 - -
Unsecured Loans -
340 Total Loans B-5 - -
341 Current Liabilities and Provisions B-6 -
350 Deposits Received -
360 Deposit works - -
Other Liabilities (Sundry Creditors) -
410 Provisions B-7 - -
411 Total Current Liabilities and Provisions B-8 - -
TOTAL LIABILITIES B-9 - -
412 ASSETS B-10 -
Fixed Assets -
Gross Block - -
Less: Accumulated Depreciation - -
Net Block -
Capital Work-in-Progress B-11
-
-
-
-
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
Total Fixed Assets - -
Investments
420 Investment – General Fund B-12 - -
421 Investments – Other Funds B-13 - -
Total Investments
- -
Current Assets, Loans and Advances
430 Stock in Hand (Inventories) B-14 - -
Sundry Debtors (Receivables)
431 Gross amount outstanding B-15 - -
432 Less: Accumulated provision against bad and - -
doubtful Receivables
Net amount outstanding
- -
440 Prepaid Expenses B-16 - -
450 Cash and Bank Balances B-17 - -
460 Loans, advances and deposits B-18 - -
461 Less: Accumulated provision against Loans - -
Net Amount outstanding
- -
Total Current Assets, Loans & Advances
- -
470 Other Assets B-19 - -
Miscellaneous Expenditure (to the extent not B-20
480 written off)
- -
TOTAL ASSETS
- -
Signature and Seal of the FLCAs President Commissioner /Executive
Officer
Place:
Date:
26
8. Annexure – 2: Indicative format of Fixed Assets Register.
LAND DETAILS
Was the
land subject If yes, specify Give
Cost of to the details of Specify reference
Current
Specify if Surve Area Date of acquirin improveme improvement Total From
Cost whom Mode of how land of the
Sl. leasehold Locatio y no. (acre / acquisitio g the nt such as (Rs.) acquired market Remarks
17
No. / freehold n of the sq. m.) n land filling, acquisitio is being available
value
land (Rs.) levelling
n currently title
etc. after (Rs.)
used document
acquisition Date Cost s
? (Yes / No) (Rs.)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
(7+10)
Notes:
1. Details of all the land belonging to the ULB, irrespective of the fact, whether it is vacant or any structure has been constructed on that, should be included
here.
2. Each plot of land should be identified separately.
3. Specify if land is industrial / agricultural / residential in Column 2.
4. Draw a sketch / boundary for each plot of land and annex it to the form.
RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster, Haryana
BUILDING DETAILS
Area of the In case of property In case of
property
Survey no. Total sq. land on acquired, specify the constructed by Cost of
of the land feet the ULB, specify acquisition /
Sl. Description Dimension of the Building Number which estimated date of the date of construction
No. of the where of (carpet construction
Location building is area) building is completion of (Rs.)
Building
located Floors located construction along
(acre / sq. with date of
Length Breadth Height m.) acquisition by the ULB
1 2 3 4 5 6 7 8 9 10 11 12 13
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster, Haryana
Was the building If yes, specify Total Specify the Written down From Mode of Specify how Give Current Remarks
subject to any details of Cost amount of value of the whom acquisition building is reference market value 25
(Rs.) depreciation building after acquired
improvement such improvement provided on considering being of the (Rs.)
as renovation, the building, if provision of currently available
extension or depreciation
otherwise after any (Rs.) used title
acquisition? (Rs.) documents
(Yes / No) Cost
Date (Rs.) 19
14 (17-18)
15 16 17 18 20 21 22 23 24
(13+16)
Note:
Buildings should be categorised into municipal offices, residential quarters, godowns, shopping centres, hospitals, auditoriums, schools, swimming pool,
temples, factory shed for water works and drainage system, library, slaughterhouse, market etc.
29
RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster, Haryana
ROAD, STREET, LANE AND FOOTPATHS DETAILS
Name of the road, Specify whether the Survey no. of land on Dimension of the Date of acquisition Cost of acquisition /
street and lane road, street or lane is which the roads,
Sr. no. road, street or Area / construction construction (Rs.)
1 earthen, tar or streets or lanes have
concrete been constructed lane (Sq. m.)
Length Width
2 3 4 5 6 7 8 9
(5*6)
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster, Haryana
Were the If yes, specify the Total Cost (Rs.) Specify the amount Written down value From whom Mode of Give reference Remarks
roads, streets details of of depreciation after considering the acquired acquisition of the available
Sr. or lanes provided, if any title documents
No. subject to any improvement (Rs.) depreciation
improvement? provision (Rs.)
Date Cost (Rs.)
(Yes/No) 11 12 13 14 15 16 17 18 19
(13-14)
10
(9+12)
Note: Prepare ward-wise, area-wise list of roads, streets, lanes and footpaths.
1. Improvement would mean conversion of the road from one type of construction to another type of construction, for instance, conversion of a tar road into
2. a concrete road or extension of the road, etc.
Specify the details of the footpaths annexed to the roads, streets or lanes immediately below the details of the said road, street or lane.
3.
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster, Haryana
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32
GOVERNMENT OF HARYANA
DIRECTORATE OF URBAN LOCAL BODIES
Request for proposal for Selection of Comptroller and Auditor General (CAG) empanelled
Chartered Accountant Firms for Implementation of Accrual Based Double Entry Accounting
System (ABDEAS) in all the Municipal Corporations / Councils / Committees of Hisar Cluster
of HARYANA
Request for Proposal
NIT No.1/REFORM(ABDEAS)/IT/DULB/2021 02/04/2021
Sale/Download of RFP document 02/04/2021 to 03/05/2021
Pre-Bid Meeting 09/04/2021
Submission of Proposal document 02/04/2021 to 03/05/2021
Opening of Proposals 03/05/2021
Volume III: Master Service Agreement
Released by
Directorate of Urban Local Bodies, Haryana
Bays 11-14, Sector-4, Panchkula, Haryana
Phone: 0172-2560075
Fax No. 0172- 2570021 E-Mail: itcell-ulb@hry.gov.in,
Website: www.ulbharyana.gov.in
RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
1.1. Table of Contents
Disclaimer...............................................................................................................................................7
MASTER SERVICE AGREEMENT.....................................................................................................8
A. General Conditions of Contract (GCC) .................................................................................11
1. Definitions and Interpretation..................................................................................................11
2. Conditions Precedent & Effective Date ................................................................................16
3. Scope of Work and Provision of the Services & Deliverables .......................................18
4. Management Phase....................................................................................................................19
5. Approvals and Required Consents .......................................................................................19
6. Service Level Agreement .........................................................................................................20
7. Term and Duration of the Agreement ...................................................................................20
7.1. Timelines/Deliverables: ......................................................................................................21
8. Change Management Process ................................................................................................23
9. Final Service Level Agreement (SLA), Acceptance & Certification ..............................23
10. Obligations...................................................................................................................................24
10.1. Obligations of Directorate of Urban Local Bodies (DULB) and respective Urban
Local Bodies ................................................................................................................................24
10.2. Obligations of the Selected Agency ................................................................................25
10.3. Access to locations of respective Urban Local Bodies and Directorate of Urban
Local Bodies (DULB) .................................................................................................................27
10.4. Coordination for enabling installation of Accounting Application..........................27
10.5. Reporting Progress ..............................................................................................................28
10.6. Project Plan ............................................................................................................................29
11. Payments......................................................................................................................................30
12. Taxes .............................................................................................................................................33
13. Warranty........................................................................................................................................35
13.1. Implied Warranty ...................................................................................................................35
14. Conflict of interest......................................................................................................................35
15. Commencement and Completion of Agreement................................................................35
16. Exit Management ........................................................................................................................35
17. Force Majeure..............................................................................................................................36
18. Insurance Cover..........................................................................................................................38
18.1. Obligation to maintain insurance .....................................................................................38
18.2. Certificates of currency.......................................................................................................38
18.3. Non-compliance ....................................................................................................................38
19. Transfer of Ownership ..............................................................................................................39
B. Special Conditions of Contract (SCC) ..................................................................................40
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
20. Performance Bank Guarantee (PBG) ....................................................................................40
21 Advance Bank Guarantee ........................................................................................................41
22 Liquidated Damages..................................................................................................................42
23 Events of Default ........................................................................................................................42
23.1. Defaults by Selected Agency.............................................................................................42
23.2. Default by Directorate of Urban Local Bodies and Urban Local Bodies................43
24 Consequences of Event of Default ........................................................................................43
25. Termination..................................................................................................................................44
26. Consequence of Termination..................................................................................................45
27. Representation & Warranties ..................................................................................................46
27.1. Representations and warranties of the Selected Agency..........................................46
27.2. Representations and warranties of the Directorate of Urban Local Bodies
(DULB) or its nominated agencies.........................................................................................47
28. Use of Assets by the Selected Agency.................................................................................49
29. Security & Safety ........................................................................................................................50
30. Indemnification & Limitation of Liability ..............................................................................50
31. Confidentiality .............................................................................................................................52
32. Audit, Access & Reporting.......................................................................................................53
33. Governing Laws & Jurisdiction ..............................................................................................53
34. Miscellaneous..............................................................................................................................54
34.1. Personnel ................................................................................................................................54
34.2. Sub-Contractors....................................................................................................................55
34.3. Joint Venture and Consortium ..........................................................................................55
34.4. Assignment ............................................................................................................................55
34.5. Trademarks & Publicity .......................................................................................................55
34.6. Notices.....................................................................................................................................56
34.7. Amendment ............................................................................................................................56
34.8. Severability & Waiver...........................................................................................................56
34.9. Compliance with Applicable Law......................................................................................57
34.10. Entire Agreement ..............................................................................................................58
34.11. No Claim Certificate .........................................................................................................58
34.12. Place of Service.................................................................................................................58
35. Dispute Resolution ....................................................................................................................59
36. Settlement of Dispute................................................................................................................59
36.1. Amicable settlement............................................................................................................59
36.2. Arbitration .............................................................................................................................59
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36.3. Place of Arbitration..............................................................................................................60
36.4. Enforcement of Award........................................................................................................60
36.5. Jurisdiction ...........................................................................................................................60
37. Schedule – I: Project Cost & Process of release of Payment.........................................62
37.1. Total Cost of Project ...........................................................................................................62
37.4. Process of release of payment to Selected Agency ......................................................63
37.5. Financial Matters .................................................................................................................63
37.6. Invoicing and Settlement....................................................................................................64
37.7. Professional Fees ...............................................................................................................65
38. Schedule – II: Change Management Process .....................................................................66
38.1. Change Orders/Alteration/Variation .................................................................................66
38.2. Conditions for Change Order ............................................................................................67
38.3. Procedures for Change Order...........................................................................................67
38.4. Change Control Note ("CCN")...........................................................................................69
38.5. Conditions for revised work / change order ....................................................................69
38.6. Proposed Categories of Change ......................................................................................70
38.7. Quotation ..............................................................................................................................70
38.8. Obligations ...........................................................................................................................70
39. Schedule – III: Audit, Access and Reporting ......................................................................71
39.1. Purpose.................................................................................................................................71
39.2. Audit Notice and Timing .....................................................................................................71
39.3. Access...................................................................................................................................72
39.4. Audit Rights..........................................................................................................................72
39.5. Action and Review ..............................................................................................................72
39.6. Records and Information....................................................................................................73
40. Schedule IV: Governance Schedule......................................................................................74
40.1. Purpose.................................................................................................................................74
40.2. Governance Structure ........................................................................................................74
40.2.1. Steering Committee........................................................................................ 74
40.2.2. Project Monitoring Committee (PMC) ............................................................. 75
40.3. Governance Procedures ....................................................................................................77
40.4. Escalation Procedure for Issue Resolution .....................................................................78
41. Schedule – V: Service Level Agreement ..............................................................................79
41.1. Purpose of the Service Level Agreement (SLA) ............................................................79
41.2. Definitions.............................................................................................................................80
41.3. Description of Services Provided......................................................................................81
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41.4. Breach Clause .....................................................................................................................81
41.5. SLA Monitoring ....................................................................................................................82
41.6. Error Definitions:..................................................................................................................85
41.7. Issue Management Procedures ........................................................................................86
41.8. SLA Change Control...........................................................................................................87
41.9. Responsibilities of the Parties with respect to Service Level Agreement (SLA) .......88
41.10. Penalties ...........................................................................................................................88
41.11. Quality Standards............................................................................................................89
41.12. Corrupt Practices.............................................................................................................89
41.13. Management Escalation Procedures & Contact Map................................................89
41.14. Escalation Procedure .....................................................................................................90
41.15. Contact Map.....................................................................................................................90
41.16. Notes .................................................................................................................................93
42. Schedule – VI: Exit Management Schedule.........................................................................94
42.1. Purpose.................................................................................................................................94
42.2. Transfer of Assets ...............................................................................................................94
42.3. Cooperation and Provision of Information.......................................................................95
42.4. Confidential Information, Security and Data ...................................................................95
42.5. Employees............................................................................................................................96
42.6. Transfer of Certain Agreements........................................................................................96
42.7. Rights of Access to Premises............................................................................................97
42.8. General Obligations of the Implementation Agency/Selected Agency/ Selected
Agency ...............................................................................................................................................97
42.9. Exit Management Plan .......................................................................................................98
43. Schedule – VII: Sign-Off Format .............................................................................................99
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Disclaimer
1. This Request for Proposal ("RFP") is issued by Directorate of Urban Local Bodies,
Haryana (DULB).
2. The information contained in this Request for Proposal ("RFP”) or subsequently provided
to Bidders, whether verbally or in documentary or any other form by or on behalf of
Directorate of Urban Local Bodies (DULB) or any of its employees or advisors, is provided
to Bidders on the terms and conditions set out in this RFP and all other terms and
conditions subject to which such information is provided.
3. This Request for Proposal ("RFP”) is not a contract and is neither an offer nor invitation
by Directorate of Urban Local Bodies (DULB) to the prospective Bidders or any other
person. Whilst the information in this Request for Proposal ("RFP”) has been prepared in
good faith, it is not and does not purport to be comprehensive or to have been
independently verified. Neither Directorate of Urban Local Bodies (DULB), nor any of its
officers or employees, nor any of their advisors nor consultants accept any liability or
responsibility for the accuracy, reasonableness or completeness of, or for any errors,
omissions or misstatements in the information or makes any representation or warranty,
express or implied, with respect to the information contained in this Request for Proposal
("RFP") or on which this Request for Proposal ("RFP") is based or with respect to any
written or oral information made or to be made available to any of the recipients or their
professional advisors and, so far as permitted by law and liability therefore is hereby
expressly disclaimed.
4. The purpose of this Request for Proposal ("RFP”) is to provide the Bidder(s) with
information that may be useful to them in the formulation of their Proposals in pursuant
to this Request for Proposal ("RFP"). The information contained in this Request for
Proposal ("RFP”) is selective and is subject to updating, expansion, revision and
amendment at the sole discretion of Directorate of Urban Local Bodies (DULB). This
Request for Proposal ("RFP”) document is not exhaustive and does not purport to contain
all the information that a Bidder may require for the purpose of making a decision for
participation in this bidding process. Neither Directorate of Urban Local Bodies (DULB)
nor any of its officers, employees nor any of its advisors nor consultants undertakes to
provide any Bidder with access to any additional information or to update the information
in this Request for Proposal ("RFP”) or to correct any inaccuracies therein which may
become apparent. Each Bidder should conduct its own analysis of the information
contained in this Request for Proposal ("RFP"), to correct any inaccuracies therein and
is advised to carry out its own investigations in the project, the regulatory regime which
applies thereto and by and all matters pertinent to Directorate of Urban Local Bodies
(DULB) and to seek its own professional advice on the legal, financial and regulatory
consequences of entering into an agreement or arrangement relating to the project.
5. Directorate of Urban Local Bodies (DULB)accepts no liability of any nature whether
resulting from negligence or otherwise however caused arising from reliance of any
Bidder upon the statements contained in this Request for Proposal ("RFP").
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MASTER SERVICE AGREEMENT
This Master Service Agreement (herein after “MSA”) is made on this day of _____ 2019
(“Effective Date”) by and between:
Directorate of Urban Local Bodies, Haryana, having its registered office at Bays No. 11-14,
Sector-4, Panchkula (hereinafter referred to as the ‘Directorate of Urban Local Bodies
(DULB)’/ ‘Client’ which expression shall, unless excluded by, or repugnant to the context shall
mean and include its successors-in office and assigns) of the FIRST PART;
AND
___________________________, Sole Proprietorship Firm/ Partnership firm registered under
Indian Partnership Act, 1932 or Amended/ Limited Liability Partnership Firm registered under the
Limited Lability Partnership Act, 2008 having its registered office at
___________________________________(hereinafter referred to as "Selected Agency",
which term or expression shall, unless excluded by or repugnant to the subject or context shall
mean and include its successors-in-office and assigns), of the SECOND PART. Each of the
parties mentioned above are collectively referred to as the ‘Parties’ and individually as a ‘Party’.
WHEREAS:
A. The Directorate of Urban Local Bodies, Haryana issued the Request for Proposal
(RFP)) inviting bids for the purpose of “Selection of Comptroller and Auditor General
(CAG) Empanelled Chartered Accountant (CA) Firms to provide the services for
implementation of accrual based double entry accounting system with training and
handholding support to Urban Local Bodies Staff “across urban local bodies in HISAR
Cluster, Haryana;
B. The Selected Agency, being desirous of executing the works contained under the
Request for Proposal (RFP), submitted its technical and commercial bids on
_____________________ to the Directorate of Urban Local Bodies, Haryana;
C. The Client has pursuant to the submission of technical and commercial bids of the
Bidder awarded the works under the Request for Proposal (RFP) to the Successful
Bidder (Here is called Selected Agency) vide the Letter of Intent (LoI);
D. The Client has further issued the work order dated __________________ bearing
reference number ________________ in favour of the Selected Agency;
E. The Selected Agency has for the purpose of carrying out the works envisaged in this
Agreement, furnished performance bank guarantee to the Directorate of Urban Local
Bodies (DULB) ____________
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F. The Selected Agency is very well aware that the whole Project is to be completed
according to the terms and conditions mentioned in the Request for Proposal (RFP)
document, where the Selected Agency shall complete the works for the period specified
in request for proposal Volume -II as divided in the following stages-
a. Survey & listing out fixed Assets & inventory;
b. Up to date Books of accounts, entered all transaction in selected software
c. Preparation of Balance Sheet (Including transition period Balance Sheet), Receipt
& Payment Account, Income & Expenditure Account, etc. with all schedules.
d. Training and Handholding support to Urban Local Bodies (ULBs)
G. The Parties, superseding the remaining conditions precedent to the execution of this
Agreement, now wish to enter into this Agreement (as defined below) to govern the
manner and terms under which the Service Provider shall implement accrual based
double entry accounting systems with handholding support in all the Municipal
Corporations / Councils / Committees of Hisar Cluster and deliver related services to the
Directorate of Urban Local Bodies (DULB) specified under this Agreement in
accordance with the roles and responsibilities of the Bidder firms, Directorate of Urban
Local Bodies (DULB) or their nominated agencies.
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NOW THEREFORE THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND
BETWEEN THE PARTIES HERETO AS FOLLOWS:
a. The Client has accepted the tender of Selected Agency for the provision and execution of
the said works for the sum of Indian Rupee (INR) ______________________________,
including all taxes and levies as applicable under respective statues, prevailing from time to
time upon the terms laid out in this Request for Proposal (RFP).
b. Selected Agency hereby agrees to provide Services to Client, conforming to the specified
Service Levels and conditions set out hereunder.
c. The following documents attached hereto shall be deemed to form an integral part of this
Contract:
Complete Request for Proposal (RFP)
Document
The Selected Agency Technical & Financial
Proposal
The Client’s Letter of Intent dated ______
The Negotiation offer Letter (If Any)
The Client’s Work order dated
d. The mutual rights and obligations of the “Client” and Selected Agency shall be as set forth in
the Contract, in particular:
Selected Agency shall carry out and complete the Services in accordance with the
provisions of the Contract; and
The “Client” shall make payments to Selected Agency in accordance with the
provisions of the Contract.
In pursuance of the Work Order, the parties have agreed to enter into this Agreement now
therefore, the parties hereto hereby agree as follows:
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A. General Conditions of Contract (GCC)
1. Definitions and Interpretation
1. 1. Definitions
The words and expressions beginning with capital letters and defined in this Master
Service Agreement shall, unless the context otherwise requires, have the meaning
hereinafter respectively assigned to them:
1.1.1. “Adverse Effect” shall mean material impact -on:
(a) the ability of the Selected Agency to exercise any of its rights or
perform/discharge any of its duties/obligations under and in accordance with
the provisions of this Agreement and/or
(b) the legal validity, binding nature or enforceability of this Agreement;
1.1.2. “Agreement” / “Master Service Agreement (MSA)” means this master service
agreement and the Service Level Agreement (SLA) (as defined below), including its
Schedules, entered into by and between the Parties. In the event of a conflict between
the body of the Agreement and the Schedules, the terms inscribed in the body of the
Agreement shall prevail;
1.1.3. “Annexures” means any of the annexures, appendices, supplements or
documents annexed to this Agreement and as amended from time to time;
1.1.4. “Affiliate” means, with respect to any Party, any other entity that, directly or
indirectly: (a) Controls such Party; (b) is Controlled by such Party; (c) is Controlled by
the same person who, directly or indirectly, Controls such Party; and “Control” with
respect to any person, shall mean: (a) the possession, directly or indirectly, of the
power to direct or cause the direction of the management and policies of such person
whether through the ownership of voting share capital, by agreement or otherwise or
the power to elect more than one-half of the directors, partners or other individuals
exercising similar authority with respect to such person; (b) the possession, directly
or indirectly, of a voting interest of more than 50%; and the terms “Controlling” and
“Controlled by” shall be construed accordingly.
1.1.5. “Applicable Law(s)” shall mean any statute, law, ordinance, notification, rule,
regulation, judgment, order, decree, bye-law, approval, directive, guideline, policy,
requirement or other governmental restriction or any similar form of decision
applicable to the relevant Party and as may be in effect on the Execution Date of this
Agreement and during the subsistence thereof, applicable to the Project (as defined
below);
1.1.6. “Bid(s)” Offer by the Bidder to fulfil the requirement of the client for an agreed
price. It shall be a comprehensive technical and commercial response to the RFP
dated -------;
1.1.7. “Confidential Information” means all information of the Parties including
Directorate of Urban Local Bodies (DULB) and their nominated agencies’ data and
Selected Agency’s data (whether in written, oral, electronic or other format) which
relates to the technical, financial and business affairs, dealers, suppliers, products,
developments, operations, processes, data, trade secrets, design rights, know-how,
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plans, budgets and personnel of each Party and its affiliates which is disclosed to or
otherwise learned by the other Party in the course of or in connection with this
Agreement (including without limitation such information received during negotiations,
location visits and meetings in connection with this Agreement);
1.1.8. “Appointed Date” means the date of signing of this Concession Agreement;
1.1.9. “Assignment” means the work assigned by the Client to the Selected Agency in
pursuance of this Agreement and to be performed by the Selected Agency in
accordance with the terms hereof;
1.1.10. “Deliverable(s)” means the services agreed to be delivered by the Selected
Agency in pursuance of this Master Service Agreement and Request for Proposals
(RFPs) for implementation of Accrual based double entry accounting systems across
the Urban Local Bodies of Hisar Cluster of Haryana
1.1.11. “Letter of Intent” or ”LoI” means the formal letter notifying award of tender by
Directorate of Urban Local Bodies (DULB) in favour of the Selected Agency
1.1.12. “Person” includes a natural person, company, society, a partnership firm, trust
or any other entity or organization or other body whatsoever;
1.1.13. “Project” means project for Implementation of accrual based double entry
accounting systems with training and handholding support in all the Municipal
Corporations / Councils / Committees of Hisar Cluster;
1.1.14. “Project Implementation Phase” shall mean the period commencing from the
Effective Date of the Agreement to the date of final acceptance & certification as set
out in this Agreement;
1.1.15. “Request for Proposal (RFP)” means request for proposal bearing reference
no: _________________ dated ________________ issued by the Directorate of
Urban Local Bodies (DULB),
1.1.16. "Services" means the services to be delivered to Directorate of Urban Local
Bodies (DULB) in relation to the Project, as specified in the scope of work in volume
II of Request for Proposal (RFP)
1.1.17. "Service Level" means the level of Services and other performance criteria which
shall apply to the Services and as set out in the Service Level Agreement (SLA) (as
defined below);
1.1.18. “SLA” or “Service Level Agreement” Performance and Maintenance Service
Level Agreement executed as part of this Master Service Agreement;
1.1.19. “Stakeholders” shall include the Persons as inscribed in the Request for
Proposal (RFP);
1.1.20. “Total Contract Value” means the value specified in the Letter of Intent (LoI),
subject to such addition thereto or deduction there from as may be made under the
provisions hereinafter contained;
1.1.21. “Accounting Year” means the financial year commencing on 1st April in each
year and ending on 31st March in the next year;
1.1.22. “Client” means the Directorate of Urban Local Bodies (ULB), Haryana and
described in the recitals of this Agreement;
1.1.23. “Effective Date” means the date on which this Agreement comes into force and
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effect pursuant to Clause;
1.1.24. “Government” means the Government for the State of Haryana;
1.1.25. "Local Currency" means the Indian Rupee;
1.1.26. “Party” means the Client or the Selected Agency, as the case may be, and
Parties means both of them;
1.1.27. “Personnel” mean persons including Key Personnel, assigned/ deputed by the
Selected Agency for performance of the Services or any part thereof.
1.1.28. “Professional Fee” means the fee/ amount payable to the Selected Agency by
the Client for performance of the Services by the Selected Agency as per the payment
schedule specified in this Master Service Agreement.
1.1.29. “Selected Agency” means the consulting firm selected by the Client to provide
the Services under this Agreement and is described in the recitals of this Agreement;
1.1.30. “C.A Firm” means chartered accountant firm within the meaning of Chartered
Accountant Act 1949.
1.1.31. “CAG Empanelled”: means Comptroller and Auditor General of India, an
authority which is established under Article 148 of the constitution of India
All terms and words not defined herein shall, unless the context otherwise requires, have
the meaning assigned to them in the Request for Proposal (RFP) & Corrigendum for
selection of Selected Agency.
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1. 2. Interpretation
In this Agreement, unless otherwise specified:
1.2.1 Where the context so requires, words importing the singular shall also mean the
plural and vice versa.
1.2.2 Words importing the masculine gender shall also include the feminine gender.
1.2.3 References to any statute or statutory provision include a reference to that statute
or statutory provision as from time to time amended, extended, re-enacted or
consolidated and to all statutory instruments made pursuant to it.
1.2.4 Unless otherwise expressly stated, the words "herein", "hereof", "hereunder" and
similar words refer to this Agreement as a whole and not to any particular Clause or
Schedule. The words "include" and "including" shall not be construed as terms of
limitation. The word "day" mean "regular working days of Government" unless
otherwise stated. The words "writing" and "written" mean “in documented form",
whether electronic or physical copy, unless otherwise stated.
1.2.5 The headings and use of bold type in this Agreement are for convenience only and
shall not affect the interpretation of any provision of this Agreement.
1.2.6 In case of any ambiguity in the interpretation of any of the Clauses/Schedules in this
Agreement, the interpretation shall be done as per Dispute Resolution procedure
outlined in this Agreement
1.2.7 Any reference to a ‘day’ (including within the phrase ‘business day’) shall mean a
period of 24 hours running from midnight to midnight
1.2.8 References to a ‘business day’ shall be construed as a reference to a day (other
than a Sunday) on which Directorate of Urban Local Bodies (DULB)is generally open
for business
1.2.9 A reference to any other document referred to in this Agreement is a reference to
that other document as amended, varied, novated or supplemented at any time; and
1.2.10 all headings and titles are inserted for convenience only. They are to be ignored in
the interpretation of this Agreement.
1.2.11 Selected Agency (Selected Agency), or Implementation Agency (IA) or successful
Bidder has been used for the same entity i.e. bidder selected for the project.
1.2.12 Time shall be of the essence in the performance of the service deliverable by
Selected Agency, if any time period specified herein is extended, such extended
time shall also be of the essence of contract.
1. 3. Measurements and arithmetic conventions
All measurements and calculations shall be in the metric system and calculations done
to 2 (two) decimal places, with the third digit of 5 (five) or above being rounded up and
below 5(five) being rounded down
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1. 4. Structure
i. This Agreement shall operate as a legally binding master services agreement
specifying the master terms which apply to the Parties under this Agreement and to
the provision of the Services by the Selected Agency to the Project under the terms of
this Agreement.
ii. In case of any conflict between the Request for Proposal (RFP) and this Agreement,
the terms of this Agreement shall prevail over the terms of the Request for Proposal
(RFP). The terms of the Request for Proposal (RFP) shall be read in consonance with
this Master Service Agreement (MSA) so as to give full force and effect to the intention
of the terms of this Master Service Agreement (MSA).
1. 5. Ambiguities within Agreement
In case of ambiguities or discrepancies within this Agreement, the following principles
shall apply:
i. as between two Clauses of this Agreement, the provisions of a specific clause relevant
to the issue under consideration shall prevail over those in a general clause;
ii. as between the provisions of Request for Proposal (RFP) and any corrigenda issued
thereafter, the provisions of corrigenda shall, to that extent only, prevail over the
corresponding earlier provision of Request for Proposal (RFP);
iii. as between the provisions of this Agreement and the Schedules, the Agreement shall
prevail, save and except as expressly provided otherwise in the Agreement or the
Schedules.
1. 6. Priority of agreements, Articles and annexures
1.6.1.This Agreement, and all other agreements and documents forming part of or referred to
in this Agreement are to be taken as mutually explanatory and unless otherwise
expressly provided else wherein this Agreement, the priority of this Agreement and other
documents and agreements forming part hereof or referred to herein shall, in the event
of any conflict between them, being the following order:
i. this Agreement; and
ii. all other agreements and documents forming part hereof or referred to
herein;
1.6.2.Subject to the provisions of Article1.6.1, in case of ambiguities or discrepancies within
this Agreement, the following shall apply:
i. Between two or more Articles of this Agreement, the provisions of a specific
Article relevant to the issue under consideration shall prevail over those in
other Articles;
ii. Between the Articles of this Agreement and the Annexures, the Articles shall
prevail;
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iii. Between any two Annexures, the Annexure relevant to the issue shall
prevail;
iv. Between the written description on the Drawings and the Specifications and
Standards, the latter shall prevail; and
v. Between any value written in numerals and that in words, the latter shall
prevail.
2. Conditions Precedent & Effective Date
2.1 Provisions to take effect upon fulfilment of Conditions Precedent
Subject to express terms to the contrary, the rights and obligations under this Agreement
shall take effect only upon fulfilment of all the Conditions Precedent set out below.
However, Client or its nominated agencies may at any time at its sole discretion waive
fully or partially any of the Conditions Precedent for the Implementation Agency.
2.2 Conditions Precedent of the Selected Agency
The Selected Agency shall be required to fulfil the Conditions Precedent in which is as
follows:
a) To provide an unconditional, irrevocable and continuing Performance Security/Guarantee
for an amount equal to 10% of the contract value of the Project from any Nationalised
/Scheduled bank in the format prescribed by Client within Fifteen (15) days of receipt of
Letter of Award/Letter of Intent by the Selected Agency; and
b) To provide the Client or its nominated agencies or respective Urban Local Bodies certified
true copies of its constitutional documents and board resolutions authorizing the
execution, delivery and performance of this Agreement by the Implementation Agency.
2.3 Non-fulfilment of the Selected Agency’s Conditions Precedent
a) In the event that any of the Conditions Precedent of the Selected Agency have not been
fulfilled within Fifteen (15) days of signing of this Agreement, and the same have not been
waived fully or partially by Client or its nominated agencies or respective Urban Local
Bodies, this Agreement shall cease to exist.
b) In the event that this Agreement fails to come into effect on account of non-fulfilment of
the Selected Agency’s Conditions Precedent, Client or its nominated agencies or
respective Urban Local Bodies shall not be liable in any manner whatsoever to the
Selected Agency and the Directorate of Urban Local Bodies (DULB) shall forthwith forfeit
the Performance Guarantee.
c) In the event that possession of any of the Client or its nominated agencies or respective
Urban Local Bodies facilities has been delivered to the Selected Agency are prior to the
fulfilment of the Conditions Precedent, upon the termination of this Agreement such
facilities shall immediately revert to Client or its nominated agencies or Urban Local
Bodies, free and clear from any encumbrances or claims.
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2.4 Authorized Representatives
2.4.1 Any action required or permitted to be taken, and any document required or
permitted to be executed, under this Agreement by the Client or the Selected
Agency, as the case may be taken or executed by the officials specified in this
Clause.
2.4.2 The Client may, from time to time, designate one of its officials as the Client
Representative. Unless otherwise notified, the Client Representative shall be:
Name: -
___________________________________________________________
Designation:
_______________________________________________________
Address:
__________________________________________________________
________________________________________________________________
Mobile: +91____________________
E-mail: ______________________________
2.4.3 The Selected Agency may designate one of its employees as Representative.
Unless otherwise notified, the System Integrator Representative shall be:
Name: ___________________________________________________________
Designation:
_______________________________________________________
Address:
__________________________________________________________
_________________________________________________________________
Mobile: +91____________________
E-mail: ______________________________
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3. Scope of Work and Provision of the Services & Deliverables
3.1 The Selected Agency shall provide Services for Implementation of Accrual Based
double entry accounting systems for all the Municipal Corporations / Councils /
Committees of Hisar cluster of Haryana with technical handholding support and other
related services within the scope mentioned in the Volume II – Scope of Work in the
Request for Proposal (RFP).
3.2 Directorate of Urban Local Bodies (DULB) and Respective Urban Local Bodies shall
use the Services and Deliverables in accordance with any instructions or procedures
as per the acceptance criteria as set out in the Service Level Agreement (SLA) or this
Agreement or any agreement that may be entered into between the Parties from time
to time.
3.3 The Parties hereby agree that any change in the Scope of Work or Deliverables in
relation to which Services are to be provided by the Selected Agency and or Service
Level Agreement (SLA) shall only be as per the process agreed upon under Schedule
V of this Agreement. Where Directorate of Urban Local Bodies (DULB) decides to
increase the Scope of Work or deliverables specified in this Agreement, in such case,
Directorate of Urban Local Bodies (DULB), as the case may be, shall offer first right to
Service Provider to provide such services and / or components at mutually agreed
prices. In case the Selected Agency refuses to accept such offer, Directorate of Urban
Local Bodies (DULB), as the case may be, shall have the right to approach a third party
for the same, without any commercial implication to Selected Agency.
3.4 During the subsistence of this Mater Service Agreement (MSA), Directorate of Urban
Local Bodies (DULB) and respective Urban Local Bodies shall not appoint any other
Person for providing Services in relation to Scope of Work and Deliverables Which
Selected Agency is obligated to perform under this Mater Service Agreement (MSA).
3.5 Save for the express terms of the Payment Terms set out as Schedule I under this
Agreement, Directorate of Urban Local Bodies (DULB) and its users may purchase any
particular category of services from Selected Agency that may become necessary as
per the Change Control Schedule set out in Schedule II under this Agreement, without
the need to go for a separate procurement process.
3.6 The Selected Agency shall provide Services as per the timelines set out in the Request
for Proposal (RFP) or as are extended by mutual agreement.
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
4. Management Phase
The review and management process of the Project shall be carried out in accordance with
the Governance Schedule (Schedule IV) set out in of this Agreement and shall cover all
the management aspects of the Project.
5. Approvals and Required Consents
5.1 The Parties shall co-operate to procure, maintain and observe all relevant regulatory /
government licenses, clearances, internal clearances, applicable approvals (hereinafter
the “Approvals”) necessary for the Selected Agency to provide the Services.
5.2 Parties shall give each other all co-operation and information reasonably required to meet
their respective obligations under this Agreement.
5.3 In the event that any approval other than delivery sign-off / completion certificate is not
obtained from the respective Urban Local Bodies , then the selected agency and the
Directorate of Urban Local Bodies (DULB) or its nominated agencies will co-operate with
each other in achieving a reasonable alternative arrangement as soon as reasonably
practicable for the Directorate of Urban Local Bodies (DULB) or its nominated agencies
to continue to process its work with as minimal interruption to its business operations as
is commercially reasonable until such approval is obtained, provided that the selected
agency shall not be relieved of its obligations to provide the Services and to achieve the
Service Levels until the approvals are obtained if and to the extent that the Selected
agency ’s obligations are not dependent upon such approvals.
5.4 Except as otherwise provided elsewhere in this Agreement or the Service Level
Agreement (SLA), each Party (“Providing Party”) to this Agreement or to the Service Level
Agreement (SLA) undertakes promptly to provide the other Party (“Receiving Party”) with
all such information and co-operation which the Receiving Party reasonably requests,
provided that such information and co-operation:
i. Does not require material expenditure by the Providing Party to provide the
same;
ii. Is reasonably required by the Receiving Party in order for it to comply with its
obligations under this Agreement or the Service Level Agreement (SLA);
iii. Cannot be construed to be Confidential Information; and is capable of being
provided by the Providing Party.
5.5 Further, each Party agrees to co-operate with the contractors, agents, personnel of the
other Party as reasonably requested in order to accomplish the purposes of this
Agreement.
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
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6. Service Level Agreement
6.1 The Service Level Agreement (SLA) shall govern the Service Levels for the entire
Project. The Service Level Agreement (SLA) shall commence from the Effective Date or
any other mutually agreed date, as the case may be, and shall, unless terminated earlier
in accordance with the terms of the Mater Service Agreement (MSA), expire on the date
on which the Master Service Agreement (MSA) expires. The envisaged in Schedule V
to this Agreement,
6.2 The Service Level Agreement’s (SLA’s) shall form a part of this Agreement and shall be
guided by the terms of this Agreement. In case of any conflict between the terms of the
Service Level Agreement’s (SLA’s) and this Agreement, the terms of this Agreement
shall be effective with overriding effect.
6.3 The Parties shall each ensure that the range of the Services under the Service Level
Agreement (SLA) shall not be increased except with the prior written agreement
between the Parties in accordance with the change management procedure set out in
Schedule II of this Agreement.
7. Term and Duration of the Agreement
This Agreement shall come into effect on <***>- (hereinafter the ‘Effective Date’) and shall
continue till the date of the completion of implementation of accrual based double entry
accounting system as defined in the scope of work of Request for Proposals (RFPs)
Volume -II. Client or its nominated agencies, unless terminated earlier (as per clause xx),
in which case the contract will get terminated on fulfillment of all obligations mentioned as
per clause xx and Schedule-VI.
The Term, for the purposes of any payments to Selected Agency, does not include:
(a) Any extension arising out of breach of any obligations solely attributable to Selected
Agency; or
(b) Unless the implementation of exit management is delayed due to reasons not solely
attributable to the Selected Agency, time duration for implementation of exit
management plan.
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
7.1. Timelines/Deliverables:
The duration of this assignment shall be 30 (thirty) months unless any corrigendum issued
in this favour, to the Terms of Reference mentioned in request for proposal Volume-II.
The assignment is output based. The expected outputs/ deliverables for the Selected
Agency would be as below during the period of assignment:
Where T = signing of the agreement
SN. Deliverable/output Timeline (from
signing date
1. i. Survey and listing out of moveable and immovable Assets, of Agreement)
inventory, liabilities, and carrying out valuation of fixed
ii. assets & liabilities of Urban Local Bodies as per T1= T+ 4
i. government notifications/Municipal accounting code. Months
2. Approval of legacy data listing by concerned Urban Local
Bodies. T2= T1+1 Month
ii. Preparation and approval of Opening Balance Sheet of
Urban Local Bodies as on 0 1 - 0 4 - 2 0 1 8 including Income T3= T2+1 Month
& Expenditure Account & other relevant schedule as per
Haryana Municipal Accounts Code/National Municipal
Accounts Manual.
Handholding support to Urban Local Bodies accounts
related staff and upload the FS on the website of concerned
Urban Local Body and Directorate of Urban Local Bodies.
3. i. Up to date Books of accounts, entered all transaction in
ii. selected accounting software, Preparation and approval of
Balance Sheet of Urban Local Bodies as on 31-03-2019.
Including Income & Expenditure Accounts & other relevant
schedule as per Haryana Municipal Account Code/National
Municipal Accounts Manual.
Handholding support to Urban Local Bodies Accounts
related staff and upload the FS on the website of concerned
Urban Local Body and Directorate of Urban Local Bodies.
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
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SN. Deliverable/output Timeline (from
signing date
of Agreement)
4. i. Up to date Books of accounts, entered all transaction in T4= T3+1 Month
selected accounting software, Preparation and approval of
Balance Sheet of Urban Local Bodies as on 31-03-2020.
Including Income Expenditure Account & other relevant
schedule as per Haryana Municipal Accounts
Code/National Municipal Accounts Manual.
ii. Handholding support to Urban Local Bodies Accounts
related staff and upload the FS on the website of
concerned Urban Local Bodies and Directorate of Urban
Local Bodies. T5= T4+1 Months
5. i. Up to date Books of accounts, entered all transaction in
selected accounting software, Preparation and approval of
Balance Sheet of Urban Local Bodies as on 31-03-2021.
Including Income Expenditure, A/c & other relevant
schedule as per Haryana Municipal Accounts
Code/National Municipal Accounts Manual.
ii. Handholding support to Urban Local Bodies Accounts
related staff and upload the FS on the website of
concerned Urban Local Bodies and Directorate of Urban
Local Bodies.
6. i. Training and Handholding support to Urban Local Bodies T6= T5 to end of
ii. with day to day accounting entries from the Financial Year contract period
2021-22 to till the exit date of Chartered Accountant Firms.
All the balance services as per detailed scope mentioned in (30 Months)
Request for Proposal Volume -II
7. i. Preparation of Handholding Support Financial Statements T7= September
ii. for the Financial Year 2021-22 2022
Approval of Financial Statements and upload on the
website of concerned Urban Local Body and Directorate of
Urban Local Bodies
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
SN. Deliverable/output Timeline (from
signing date
of Agreement)
8. i. Preparation of Handholding Support Financial Statements T8 = September
for the Financial Year 2022-23 2023
ii. Approval of Financial Statements and upload on the
website of concerned Urban Local Body and Directorate of
Urban Local Bodies
Note:
1. The activities/assignment mentioned in above table-serial No 3, 4 and 5 will have
to be carried out parallel within the given time period.
2. All reports must be submitted in both print and electronic version to the concerned
ULBs, Directorate of Urban Local Bodies (Govt. of Haryana). All equipment
required for satisfactory services for this project shall be obtained by the C.A. Firm
at their own cost and shall be their property.
8. Change Management Process
8.1 Change requests in respect of the Master Service Agreement (MSA), the Project
Implementation Plan, the operation, the Service Level Agreement (SLA), Services,
Scope of Work, Deliverables and functional requirement specifications shall be upon
mutual agreement.
8.2 The change management shall be as per Schedule II to this Agreement.
9. Final Service Level Agreement (SLA), Acceptance & Certification
9.1 The Project shall be governed by the mechanism of final acceptance of Service Level
Agreement (SLA) to be put into place by the Directorate of Urban Local Bodies (DULB)
and the Selected Agency. The final Service Level Agreement (SLA) criteria shall lay
down a set of guidelines to be followed by all Project stakeholders during the Project
period.
9.2 Final acceptance shall be given on completion of the following:
i. Approved Financial Statements available on Urban Local Body/ Directorate of
Urban Local Bodies on their portal for all the period specified in the Request for
Proposal (RFP)
ii. Fixed Assets and Inventory Register are updated for all the period specified in the
Request for Proposal (RFP) or on the date mutually agreed by both parties till final
acceptance of the project (whichever later)
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iii. Training and Handholding support to Urban Local Bodies Staff for the period
specified in the Request for Proposal (RFP)
10. Obligations
10.1. Obligations of Directorate of Urban Local Bodies (DULB) and respective Urban
Local Bodies
Without prejudice to any other undertakings or obligations of the Directorate of Urban
Local Bodies (DULB) and respective Urban Local Bodies or its nominated agencies under
this Agreement, the Directorate of Urban Local Bodies (DULB) and respective Urban
Local Bodies or its nominated agencies shall perform the following:
a) To provide support required by Selected Agency through their personnel for
implementation of Accrual Based Double Entry Accounting Systems
(ABDEAS) in all the Municipal Corporations / Councils / Committees of Hisar
Cluster of Haryana within the scope mentioned in the Volume II – Scope of
Work of the Request for Proposal (RFP) during the Term of this Agreement;
b) To promptly provide all the data, information, approvals, documents, details,
personnel and to ensure the prompt delivery of data, information, approvals,
documents, details etc. from other Stakeholders of the Project as and when
required by the Selected Agency for performance of its Services.
c) To make available the details of all the municipal corporation and municipal
council/Committee of HISAR Cluster from Directorate of Urban Local Bodies
(DULB) for the smooth functioning of the project
d) To coordinate amongst each other and between all the divisions of their own
offices for providing necessary information for the study and implementation of
Accrual Based Double Entry Accounting Systems and other related services
mentioned in the Request for Proposal.
e) To hold meetings of the steering committee and the project monitoring
committee;
f) To ensure sign-offs/acceptance and timely responses from the Stakeholders
and urban local bodies;
g) Coordinate with Selected Agency for conducting workshops for the
Stakeholders and other representatives of Urban Local Bodies.
h) Issuing the necessary certification including completion certificate with mutually
agreed between the Urban Local bodies and Selected Agency for the
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
implementations of project and for other components of the Scope of Work
(wherever required).
i) To create internal capacity for execution of the Project after takeover from the
Selected Agency after the termination of this Agreement.
j) Ensuring the staff members of Urban Local Bodies and other Stakeholders
attend the training programs as per the schedule defined by the Selected
Agency and agreed upon by respective Urban Local Bodies
k) Ensuring the staff members and other Stakeholders including Directorate of
Urban Local Bodies (DULB) / Municipal Corporations / Municipal Councils/
Committees) provide data, information, replies etc. in a timely manner.
l) Performing its obligations under the Request for Proposal (RFP) within the
stipulated time and in case of there being no stipulated time, within reasonable
time and without any unnecessary delay;
m) Selected Agency will, on completion of a milestone, furnish the final deliverable
to the respective Urban Local Body. Selected Agency shall also intimate
Directorate of Urban Local Bodies (DULB) regarding completion of the
milestone and submission of deliverable to respective Urban Local Body.
Respective Urban Local Body shall provide its acceptance and/or objection
and/or rejection and/or seek clarifications on non-compliance part of such
delivery as per the checklist provided by Selected Agency within Fifteen (15)
working days after the milestone completion letter submitted by Selected
Agency.
n) Release of timely payment to Selected Agency on submission of invoices after
approval from Project Monitoring Committees (PMC).
o) Directorate of Urban Local Bodies and respective Urban Local Bodies shall
provide to Selected Agency with only sitting space and basic infrastructure not
including, stationery and other consumables at the Urban Local Bodies’ office
locations.
10.2. Obligations of the Selected Agency
a) Selected Agency’s obligations shall include all the activities as specified by the
Client in the Scope of Work and other sections of the Request for Proposal
(RFP) and Contract and changes thereof to enable Directorate of Urban Local
Bodies (DULB) and respective Urban Local Bodies to meet the objectives and
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
operational requirements. It shall be Selected Agency’s responsibility to ensure
the proper and successful implementation, performance and continued
operation of the proposed solution in accordance with and in strict adherence
to the terms of his Bid, the Tender and this Contract.
b) It shall provide to respective Urban Local Bodies or its nominated agencies,
the Deliverables as agreed between the Parties. It shall also intimate
Directorate of Urban Local Bodies (DULB) regarding completion of the
milestone and submission of deliverable to respective Urban Local Body.
c) It shall perform the Services as set out in Volume II – Scope of Work of Request
for Proposal (RFP) in a good and workmanlike manner commensurate with
industry and technical standards which are generally in effect for such projects
and innovations pursuant thereon similar to those contemplated by this
Agreement, and so as to comply with the applicable Service Levels set out with
this Agreement.
d) It shall ensure that the Services are being provided as per the Project Timelines
as set out this Agreement.
e) It shall migrate the existing data to the new developed accounting application
database and preparation of financial statements and reporting with
handholding support to Urban Local Bodies.
f) The Selected Agency shall be responsible for and shall ensure that all activities
/services are performed in accordance with this Agreement, Scope of Work
and that the Selected agency ’s team complies with such specifications and all
other standards, terms and other stipulations/conditions set out hereunder.
g) Client reserves the right to interview the personnel proposed that shall be
deployed as part of the project team. If found unsuitable, the Client may reject
the deployment of the personnel. But ultimate responsibility of the project
implementation shall lie with Selected Agency.
h) The Selected agency shall perform the activities /services and carry out its
obligations under this Agreement with due diligence, efficiency and economy,
in accordance with generally accepted accounting policies as per Haryana
Accounts Code/ National Municipal Accounting Manual. The Selected Agency
shall always act, in respect of any matter relating to this Agreement, as faithful
advisors to the respective Urban Local Bodies and Directorate of Urban Local
Bodies (DULB) and shall, at all times, support and safeguard the respective
Urban Local Bodies and Directorate of Urban Local Bodies legitimate interests
in any dealings with third parties
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
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10.3. Access to locations of respective Urban Local Bodies and Directorate of Urban
Local Bodies (DULB)
a) For so long as the Selected Agency provides services to respective Urban
Local Bodies and Directorate of Urban Local Bodies or its nominated agencies
from their location, as the case may be, on a non-permanent basis and to the
extent necessary, respective Urban Local Bodies and Directorate of Urban
Local Bodies as the case may be or its nominated agencies shall, subject to
compliance by the Selected Agency with any safety and security guidelines
which may be provided by respective Urban Local Bodies and Directorate of
Urban Local Bodies as the case may be or its nominated agencies and notified
to the Selected Agency in writing, provide the Selected Agency with:
a) Reasonable access, in the same manner granted to respective Urban
Local Bodies and Directorate of Urban Local Bodies or its nominated
agencies / employees, as the case may be;
b) Reasonable work space, access to office equipment as mutually agreed
and other related support services in such location and at any other
locations of respective Urban Local Bodies and Directorate of Urban
Local Bodies as the case may be location, if any, as may be reasonably
necessary for the Selected Agency to perform its obligations hereunder
and under the Service Level Agreement (SLA).
b) Access to locations, office equipment and services shall be made available to
the Selected Agency on an “as is, where is” basis by respective Urban Local
Bodies and Directorate of Urban Local Bodies (DULB) as the case may be or
its nominated agencies. The Selected Agency agrees to ensure that its
employees, agents and contractors shall not use the location, services and
equipment referred to in Request for Proposal (RFP) for the following purposes:
a) For the transmission of any material which is defamatory, offensive or
abusive or of and obscene or menacing character; or
b) In a manner which constitutes a violation or infringement of the rights of
any Person, firm or company (including but not limited to rights of
copyright or confidentiality).
10.4. Coordination for enabling installation of Accounting Application
Selected Agency shall co-ordinate with Directorate of Urban Local Bodies, System
integrator and Urban Local Bodies to enabling commencement of installation of
accounting application in the allotted Urban Local Bodies (ULBs) for the purpose specified
in Request for Proposal
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
10.5. Reporting Progress
a) Selected Agency shall monitor progress of all the activities related to the
execution of this contract and shall submit to the Directorate of Urban Local
Bodies and respective Urban Local Bodies, progress reports with reference to
all related work, milestones and their progress during the implementation
phase.
b) Formats for all above mentioned reports and their dissemination mechanism
shall be discussed and finalized along with project plan. The Directorate of
Urban Local Bodies /Urban Local Bodies on mutual agreement between both
parties may change the formats, periodicity and dissemination mechanism for
such reports.
c) Periodic meetings shall be held between the representatives of the client or
Urban Local Bodies and Selected Agency once in every Fifteen (15) days
during the initial phase of implementation of accrual based double entry
accounting systems in Urban Local Bodies and ensure the progress of
implementation. After that the meeting shall be held as an ongoing basis, as
desired by client, to discuss the performance of the contract.
d) Selected Agency shall ensure that the respective teams involved in the
execution of work are part of such meetings.
e) Project Monitoring Committee (PMC) shall be formed as defined in Schedule
IV – Governance Process. This Project Monitoring Committee (PMC) shall
meet at intervals, as decided by the Client later, to oversee the progress of the
project.
f) The Client reserves the right to inspect and monitor/ assess the progress/
performance of the work / services at any time during the course of the
Contract. The Client may demand and upon such demand being made,
Selected Agency shall provide documents, data, material or any other
information which the Client/respective urban local body may require, to enable
it to assess the progress/ performance of the work / service.
g) At any time during the course of the Contract, the Client shall also have the
right to conduct, either itself or through another agency as it may deem fit, an
audit to monitor the performance by Selected Agency of its obligations/
functions in accordance with the standards committed to or required by the
Client and Selected Agency undertakes to cooperate with and provide to the
Client/ any other agency appointed by the Client, all Documents and other
details as may be required by them for this purpose. Such audit shall not
include Selected Agency's books of accounts.
h) The submission seeking approval by the Client or Client’s representative of
such plan shall not relieve Selected Agency of any of his duties or
responsibilities under the Contract.
i) In case during execution of works, the progress falls behind schedule or does
not meet the Tender requirements, Selected Agency shall deploy extra
manpower/ resources to make up the progress or to meet the Request for
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
Proposal (RFP) requirements. Plan for deployment of extra man power/
resources shall be submitted to the Client for its review and approval. All time
and cost effect in this respect shall be borne, by Selected Agency within the
contract value.
10.6. Project Plan
a) Within Fifteen (15) calendar days of effective date of the Kick-off meeting,
Selected Agency shall submit to the Client for its approval a detailed Project
Plan as per format provided with details of the project showing the sequence,
procedure and method in which Selected Agency proposes to carry out the
works. The Plan so submitted by Selected Agency shall conform to the
requirements and timelines specified in the Contract. The Client and Selected
Agency shall discuss and agree upon the work procedures to be followed for
effective execution of the works, which Selected Agency intends to deploy and
shall be clearly specified. The Project Plan shall include but not limited to
project organization, communication structure, proposed staffing, roles and
responsibilities, processes and tool sets to be used for quality assurance,
security and confidentiality practices in accordance with industry best
practices, project plan and delivery schedule in accordance with the Contract,
Risk and Mitigation plan. Approved Project plan shall be intimated to respective
Urban Local bodies by the selected Agency.
Approval by the Client’s Representative of the Project Plan shall not relieve
Selected Agency of any of his duties or responsibilities under this Contract.
b) If Selected Agency’s work plans necessitate a disruption/ shutdown in Client’s
operation, the plan shall be mutually discussed and developed so as to keep
such disruption to the barest unavoidable minimum. Any time and cost arising
due to failure of Selected Agency to develop/adhere such a work plan shall be
to Selected Agency’s account.
c) On submission of the project plan by Selected Agency, the Steering
Committee/Project Management Unit (PMU) will reply/accept the plan within
Fifteen (15) days of submission date,
d) Any change in requirement/ process / expectations of Project Monitoring
Committees (PMC) / Directorate of Urban Local Bodies (DULB) or any of Urban
Local Bodies (ULB) under this Project that may require change in Selected
Agency’s Process / development work, then in such case, the earlier approved
Project Plan shall be updated time to time by Selected Agency and will submit
it to Steering committee for approval
e) In case, the Steering committee does not issue the Acceptance or do not give
a list of compliances to be achieved by Selected Agency within fifteen (15)
days from the date of Selected Agency’s intimation, then in such case, the
deliverable done by Selected Agency will be treated as the “Completed
deliverable as per the agreed scope of work”
f) In the event of deemed completion of a milestone, Selected Agency will
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Haryana
proceed with the steps for achieving next milestone till completion of the
project
11. Payments
11.1. Payment shall be made Urban Local Body-wise and by the concerned Urban Local
11.2. Bodies as per the terms and conditions set out in the Request for Proposal
11.3. Urban Local Bodies shall make payments to Selected Agency at the times and in the
11.4. manner set out in the Payment schedule as specified in Payment Milestones in Request
11.5. for Proposal (RFP) Volume -I and related corrigendum, if any. Urban Local Bodies shall
make all efforts to make payments to Selected Agency within forty five (45) days of receipt
11.6. of invoice(s) and all necessary supporting documents.
All payments agreed to be made by Urban Local Bodies to Selected Agency in
11.7. accordance with the Bid shall be inclusive of all applicable taxes under or in relation to
this Contract and/or the Services as agreed during contract signing.
No invoice for extra work/change order on account of change order shall be submitted by
Selected Agency unless the said extra work /change order has been authorized/approved
by the Client in writing in accordance with Change Control Note.
In the event of Client / respective Urban Local Body noticing at any time that any amount
has been disbursed wrongly to Selected Agency or any other amount is due from
Selected Agency to the Client / respective Urban Local Body, the Client / respective
Urban Local Body may without prejudice to its rights recover such amounts by other
means after notifying Selected Agency or deduct such amount from any payment falling
due to Selected Agency. The details of such recovery, if any, shall be intimated to
Selected Agency. Selected Agency shall receive the payment of undisputed amount
under subsequent invoice for any amount that has been omitted in previous invoice by
mistake on the part of the Client / respective Urban Local Body or Selected Agency.
All payments to Selected Agency shall be subject to the deductions of tax at source under
Income Tax Act, and other taxes and deductions as provided for under any law, rules or
regulation. All costs, damages or expenses which respective Urban Local Body may have
paid or incurred, for which under the provisions of the Contract, Selected Agency is liable,
the same shall be deducted by respective Urban Local Body from any dues to Selected
Agency. All payments to Selected Agency shall be made after making necessary
deductions as per terms of the Contract and recoveries towards facilities, if any, provided
by the respective Urban Local Body to Selected Agency on chargeable basis.
The following schedule would be followed for payment during the Project implementation
in line with scope of work:
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RFP for Selection of CA Firm for implementation of ABDEAS in Urban Local Bodies of Hisar Cluster,
Haryana
S.N. Deliverable/output Payment
Schedule (%
of Total fees)
1. i. Preparation and approval of Opening Balance Sheet of ULBs 15%
as on 0 1 - 0 4 - 2 0 1 8 including Income & Expenditure A/c &
other relevant schedule as per Haryana Municipal Accounts
Code/ NMAM.
ii. Handholding support to ULBs Accounts related staff and
upload the FS on the website of concerned ULB/DULB.
2. i. Up to date Books of accounts, entered all transaction in 10%
selected accounting software, Preparation and approval of 10%
Balance Sheet of ULBs as on 31-03-2019. Including Income & 10%
Expenditure A/c & other relevant schedule as per Haryana 35%
Municipal Account Code/ NMAM.
ii. Hand holding support to ULBs Accounts related staff and
upload the FS on the website of concerned ULB/DULB.
3. i. Up to date Books of accounts, entered all transaction in
selected accounting software, Preparation and approval of
Balance Sheet of ULBs as on 31-03-2020 Including Income
Expenditure, A/c & other relevant schedule as per Haryana
Municipal Accounts Code/ NMAM.
ii. Hand holding support to ULBs Accounts related staff and
upload the above period FS on the website of concerned ULB/
DULB.
4. i. Up to date Books of accounts, entered all transaction in
selected accounting software, Preparation and approval of
Balance Sheet of ULBs as on 31-03-2021. Including Income
Expenditure, A/c & other relevant schedule as per Haryana
Municipal Accounts Code/NMAM.
ii. Hand holding support to ULBs Accounts related staff and
upload the above period FS on the website of concerned
ULB/DULB.
5. i. Training and Handholding support to ULBs with day to day
accounting entries from the FY 2021-22 to till the exit date of
CA Firm.
ii. All the balance services as per detailed scope mentioned in
RFP Volume -II
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S.N. Deliverable/output Payment
Schedule (%
of Total fees)
6. i. Preparation of Handholding Support Financial Statements for 10%
the FY 2021-22 10%
ii. Approval of Financial Statements and upload on the website
of concerned Urban Local Body and Directorate of Urban
Local Bodies
7. i. Preparation of Handholding Support Financial Statements for
the FY 2022-23
ii. Approval of Financial Statements and upload on the website
of concerned Urban Local Body and Directorate of Urban
Local Bodies
Note:
1. Training and Handholding payment shall be made on quarterly basis as per the reports and
deliverables (workshop, training materials and Attendance Sheet of Participant etc.)
submitted by the Selected Agency.
2. Selected Agency is expected to submit their invoice for work undertaken at respective ULBs
separately.
3. Payment shall be made by respective ULBs upon verification of work undertaken by the
Selected Agency.
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12. Taxes
12.1. Selected Agency shall bear all personnel taxes levied or imposed on its personnel, or any
other member of Selected Agency’s Team, etc. on account of payment received under
this Contract. Selected Agency shall bear all corporate taxes, levied or imposed on
Selected Agency on account of payments received by it from the Client for the work done
under this Contract.
12.2. Selected Agency shall bear all taxes and duties etc. levied or imposed on Selected
Agency under the Contract including but not limited to Goods and Service Tax (GST),
Sales Tax, Customs duty, Excise duty, Octroi, , Value Added Tax (VAT), Works Contracts
Tax and all Income Tax levied under Indian Income Tax Act – 1961 or any other
compliance of taxes and amendments thereof during the entire contract period, i.e., on
account of material supplied and services rendered and payments received by him from
the respective Urban Local Bodies under the Contract. It shall be the responsibility of
Selected Agency to submit to the concerned Indian authorities the returns and all other
connected documents required for this purpose. Selected Agency shall also provide the
Client / respective Urban Local Bodies such information, as it may be required in regard
to Selected Agency’s details of payment made by the respective Urban Local Bodies
under the Contract for proper assessment of taxes and duties. The amount of tax withheld
by the respective Urban Local Bodies shall at all times be in accordance with Indian Tax
Law and the respective Urban Local Bodies shall promptly furnish to Selected Agency
original certificates for tax deduction at source and paid to the Tax Authorities.
12.3. Selected Agency agrees that he shall comply with the Indian Income Tax Act in force
from time to time and pay Indian Income Tax, as may be imposed/ levied on them by the
Indian Income Tax Authorities, for the payments received by them for the works under
the Contract
12.4. Selected Agency shall fully familiarize themselves about the applicable domestic taxes
(such as Goods and Service taxes, value added or sales tax, , income taxes, duties, fees,
levies, etc.) on amounts payable by the Client under the Contract. All such taxes must be
included by Selected Agency in the financial proposal. (Selected Agency to find out
applicable taxes for the components being proposed.)
12.5. Should Selected Agency fail to submit returns/pay taxes in times as stipulated under
applicable Indian/State Tax Laws and consequently any interest or penalty is imposed by
the concerned authority, Selected Agency shall pay the same. Selected Agency shall
indemnify Client / respective Urban Local Bodies against any and all liabilities or claims
arising out of this Contract for such taxes including interest and penalty by any such Tax
Authority may assess or levy against the Client / respective Urban Local Bodies / Selected
Agency.
12.6. In case of introduction of new taxes imposed by the Governments during the scheduled
or extended tenure of the contact, any decision on compensation to Selected Agency in
this regard would be taken by the High Powered Committee (HPC), Government of
Haryana. The Selected Agency shall submit detailed computation of the incremental tax
payable on account of new tax rules (tax payable as per new tax rules minus tax payable
as per existing rules) as applicable in the state of Haryana to the respective Urban Local
Bodies. The decision of the High Powered Committee (HPC), in this regard would be final
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Haryana
and binding on the Selected Agency. The Selected Agency shall indicate the tax
component in all the invoices and changes in the same shall be indicated to Directorate
of Urban Local Bodies (DULB) and respective Urban Local Bodies immediately after the
changes in the structure are announced by the appropriate authorities.
12.7. Respective Urban Local Bodies shall if so required by applicable laws in force, at the time
of payment, deduct income tax payable by Selected Agency at the rates in force, from
the amount due to Selected Agency and pay to the concerned tax authority directly.
12.8. Respective Urban Local Bodies shall be responsible for withholding taxes from the
amounts due and payable to the Selected Agency wherever applicable.
12.9. Respective Urban Local Bodies shall provide Selected Agency with the original tax receipt
of any withholding taxes paid by the Urban Local Body or its nominated agencies on
payments under this Agreement. Selected Agency agrees to reimburse and hold the
respective Urban Local Bodies or its nominated agencies harmless from any deficiency
including penalties and interest relating to taxes that are its responsibility under this
paragraph. For purposes of this Agreement, taxes shall include taxes incurred on
transactions between and among Directorate of Urban Local Bodies (DULB), respective
Urban Local Bodies or its nominated agencies, the Selected Agency.
12.10. No amount towards security deposit shall be deducted from running bills of the Selected
Agency. However, respective Urban Local Bodies shall be responsible for deducting
taxes from the amounts due and payable to the Selected Agency wherever applicable.
The Selected Agency shall pay for all other taxes, duties or levies in connection with this
Agreement, and Service Level Agreements (SLAs) but not limited to, value-added, goods
and services tax, consumption and other applicable taxes, duties or levies etc.
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13. Warranty
13.1. Implied Warranty
The warranties provided herein are in lieu of all other warranties, both express and
implied, and all other warranties, including without limitation that of merchantability or
fitness for intended purpose is specifically disclaimed Selected agency shall have no
liability in the case of breach of this warranty due to:
a) use of the Deliverables on any software recommended or approved by the client.
b) the defects and deficiencies which could be reasonable known to Directorate
of Urban Local Bodies (DULB) which shall occur due to decisions taken by the
Directorate of Urban Local Bodies (DULB), or any of the committees formed
hereunder.
c) the combination, operation, or use of some or all of the deliverables with
information, software, specifications, instructions, data, or materials not
approved by the Service Provider.
d) the deliverables having been tampered with, altered or modified by Directorate
of Urban Local Bodies (DULB) or any other person not under control of the
Selected Agency without the written permission of the Selected Agency, or
e) Use of the deliverables otherwise than in terms of the relevant documentation.
14. Conflict of interest
Selected Agency shall disclose to the Client in writing, all actual and potential conflicts of
interest that exist, arise or may arise (either for Selected Agency or Selected Agency’s
Team) in the course of performing the Services as soon as practical after it becomes aware
of that conflict.
15. Commencement and Completion of Agreement
15.1. Effectiveness of Agreement
The agreement is effective from the date of signing of this Agreement.
15.2. Tenure of the Agreement
The tenure of this Agreement shall be valid for the period specified in the Request for
proposal on agreed terms and conditions.
Directorate of Urban Local Bodies (DULB) reserves the right to extend the contract on
the same terms and conditions and on the contract prices decided pursuant to this
Request for Proposal (RFP)
16. Exit Management exit plan as per the Schedule VI to this Master Service
The Parties shall finalize the
Agreement (MSA).
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Haryana
17. Force Majeure
17.1. As used in this Agreement, the expression “Force Majeure” shall, save and except as
expressly provided otherwise, mean occurrence in India of any or all of Non-Political
Event, Political Event and other Event, as defined in Clause 18.2, 18.3 and 18.4
respectively, if it affects the performance by the Party claiming the benefit of Force
Majeure (the “Affected Party”) of its obligations under this Agreement and which act or
event (a) is beyond the reasonable control of the Affected Party and (b) such Party could
not have prevented or reasonably overcome with the exercise or reasonable skill and
care and (c) does not result from the negligence of such Party or the failure of such Party
to perform its obligations under this Agreement and (d) is of an incapacitating nature and
prevents or causes a delay or impediment in performance.
17.2. Non-Political Events
a) Act of God, including earthquake, flood, inundation, landslide, exceptionally
adverse weather conditions, storm, tempest, hurricane, cyclone, lightning,
thunder, volcanic eruption, fire or other extreme atmospheric conditions.
b) Radioactive contamination or ionizing radiation or biological contamination
except as may be attributable to the Service Provider’s use of radiation or radio-
activity or biologically contaminating material.
c) Strikes, lockouts, boycotts, labour disruptions or any other industrial
disturbances as the case may be not arising on account of the acts or omissions
of the Service Provider and which affect the timely implementation and continued
operation of the Project. or
d) Any event or circumstances of a nature analogous to any of the foregoing.
17.3. Political Events
a) Change in Applicable Laws, other than any change in law for which relief is
provided under this Agreement.
b) Expropriation or compulsory acquisition by the Directorate of Urban Local Bodies
(DULB) or any of their nominated agencies of any material assets or rights of the
Service Provider.
c) Unlawful or unauthorized revocation of, or refusal by Directorate of Urban Local
Bodies (DULB) or any of their nominated agencies, Government of India,
Stakeholders or any of its agencies to renew or grant any clearance or Approval,
information, data required by the Service Provider to perform its obligations
without valid cause, provided that such delay, modification, denial, refusal or
revocation did not result from the Service Provider’s inability or failure to comply
with any condition relating to grant, maintenance or renewal of such Required
Consents applied on a non-discriminatory basis.
d) Any judgment or order of any court of Competent Jurisdiction or statutory
authority in India made against the Service Provider in any proceedings for
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Haryana
reasons other than failure of the Service Provider to comply with Applicable Laws
or Approvals or on account of breach thereof, or of any contract, or enforcement
of this Agreement or exercise of any of its rights under this Agreement;
e) Expropriation or compulsory acquisition by the Directorate of Urban Local Bodies
(DULB) or any of their nominated agencies of any material assets or rights of the
Service Provider.
f) Unlawful or unauthorized revocation of, or refusal by any authority other than the
Directorate of Urban Local Bodies (DULB) or any of their nominated agencies to
renew or grant any Required Consents required by the Service Provider to
perform its obligations without valid cause, provided that such delay,
modification, denial, refusal or revocation did not result from the Service
Provider’s inability or failure to comply with any condition relating to grant,
maintenance or renewal of such Required Consents applied on a non-
discriminatory basis.
g) Any requisition of the Project by any other authority; or
h) Any requisition of the Project by Directorate of Urban Local Bodies (DULB) or
any of their nominated agencies.
i) For the avoidance of doubt, suspension of the Project in accordance with the
provisions of this Agreement shall not be considered a requisition for the
purposes of Force Majeure event.
17.4. Other Events
a) An act of War (whether declared or undeclared), hostilities, invasion, armed
conflict or act of foreign enemy, blockade, embargo, prolonged riot, insurrection,
terrorist or military action, civil commotion or politically motivated sabotage, for
a continuous period exceeding seven (7) days.
b) For the avoidance of doubt, it is expressly clarified that the failure on the part of
the Service Provider under this Agreement or the Service Level Agreement
(SLA) to implement any agreed disaster contingency planning and back-up and
other data safeguards in accordance with the terms of this Agreement or the
Service Level Agreement (SLA) against natural disaster, fire, sabotage or other
similar occurrence shall not be deemed to be a Force Majeure event. For the
avoidance of doubt, it is further clarified that any negligence in performance of
Services which directly causes any breach of security like hacking aren’t the
forces of nature and hence wouldn’t be qualified under the definition of “Force
Majeure”. In so far as applicable to the performance of Services, Service
Provider will be solely responsible to complete the risk assessment and ensure
implementation of adequate security hygiene, best practices, processes and
technology to prevent any breach of security and any resulting liability therefrom
(wherever applicable).
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17.5. Notification procedure for Force Majeure
a) The affected Party shall notify the other Party of a Force Majeure event within
seven (7) days of occurrence of such event. If the other Party disputes the
claim for relief under Force Majeure it shall give the claiming Party written
notice of such dispute within thirty (30) days of such notice. Such dispute shall
be dealt with in accordance with the dispute resolution mechanism specified in
this Agreement.
b) Upon cessation of the situation which led the Party claiming Force Majeure,
the claiming Party shall within seven (7) days hereof notify the other Party in
writing of the cessation and the Parties shall as soon as practicable thereafter
continue performance of all obligations under this Agreement.
17.6. Consultation and duty to mitigate
Except as otherwise provided in this Clause, the affected Party shall take all steps
reasonably required to remedy and mitigate the effects of the Force Majeure event and
restore its ability to perform its obligations under this Agreement as soon as reasonably
practicable. The Parties shall consult with each other to determine the reasonable
measures to be implemented to minimize the losses of each Party resulting from the
Force Majeure event. The affected Party shall keep the other Parties informed of its
efforts to remedy the effect of the Force Majeure event and shall make reasonable efforts
to mitigate such event on a continuous basis and shall provide written notice of the
resumption of performance hereunder.
18. Insurance Cover
18.1. Obligation to maintain insurance
In connection with the provision of the Services, the Selected Agency must have and
maintain for this Agreement Period, valid and enforceable insurance coverage for:
a) public liability;
b) either professional indemnity or errors and omissions;
c) workers’ compensation as required by law;
18.2. Certificates of currency
The Selected Agency must, on request by Client, provide current relevant confirmation of
insurance documentation from its insurance brokers certifying that it has insurance as
required by this Clause 18. The Selected Agency agrees to replace any coverage prior
to the date of expiry/cancellation.
18.3. Non-compliance
Client may, at its election, terminate this Agreement upon the failure of Selected Agency,
or notification of such failure, to maintain the required insurance coverage. Inadequate
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insurance coverage for any reason shall not relieve Selected Agency of its obligations
under this Agreement.
19. Transfer of Ownership
19.1. Selected Agency must transfer all titles to the assets and goods procured for the
purpose of the project to the Client/ Respective Urban Local Body at the time of
Acceptance, subject to release of approved payment as per Request for Proposal
(RFP) payment terms. This includes soft copy of the financial statements from
software along with all licenses, titles, certificates, hardware, devices, equipment’s,
data etc. (if any) related to the system installed and maintained by Selected Agency
for this project.
19.2. Forthwith upon expiry or earlier termination of the Contract and at any other time
on demand by the Client, Selected Agency shall deliver to the Client all Documents
provided by or originating from the Client and all Documents produced by or from
or for Selected Agency in the course of performing the Services, unless otherwise
directed in writing by the Client at no additional cost. Selected Agency shall not,
without the prior written consent of the Client and respective Urban Local Bodies
store, copy, distribute or retain any such Documents.
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B. Special Conditions of Contract (SCC)
20. Performance Bank Guarantee (PBG)
The Selected Agency shall at his own expense, deposit with Client, prior to signing of the
Master Service Agreement (MSA), unconditional and irrevocable Performance bank
guarantees (‘PBG’) from scheduled Bank for the performance of the obligations contained
herein.
20.1. The Performance Bank Guarantee (PBG) shall be discharged/ returned by Client, after
the completion of the entire contract period as specified above, upon being satisfied that
there has been due performance of the obligations of Selected Agency under the Master
Service Agreement (MSA) and the procedure mentioned in the Request for Proposal.
20.2. The Performance security shall be kept valid and enforce for the entire duration of the
contract and six (6) month after the completion of the contract. If the contract period is
to be extended due to any reason, the selected agency shall renew the Performance
Bank Guarantee atleast one month prior to the expiry of the subsisting performance
security. In the event the Selected Agency fails to provide the renewed (extended)
Performance Bank Guarantee at least one month prior to the expiry of subsisting
Performance Security, so as to maintain the performance security valid throughout the
term of the Agreement, The Directorate of Urban Local Bodies shall have the right to
forfeit and appropriate the subsisting Performance Bank Guarantee i.e. Failure of the
Selected Agency to maintain the Performance Security in full force and effect
throughout the term, in accordance with the provisions hereof, shall constitute Selected
Agency Event of Default in terms hereof.
20.3. In the event, the Selected Agency is in default or breach of the due, faithful and punctual
performance of its obligations under this Agreement, in the event of there being any
claims or demands whatsoever whether liquidated or which may at any time be made
or have been made on behalf of the Directorate of Urban Local Bodies for or against
the Selected Agency under this Agreement or against the Directorate of Urban Local
Bodies in respect of this Agreement, the Directorate of Urban Local Bodies shall, without
prejudice to its rights and remedies hereunder or in law, be entitled to appropriate the
relevant amount from the Performance Bank Guarantee as damage such default, or
loss suffered due to non-completion of services within the time period specified herein,
or in respect of any dues, demands damages or claims against the Selected Agency.
20.4. Nothing in this Master Service Agreement (MSA) shall prevent Selected Agency from
seeking adequate reliefs in accordance with Dispute Resolution Clause of this Master
Service Agreement (MSA) including injunction in case of revocation of Performance
bank guarantees (PBG) by Client.
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21 Advance Bank Guarantee
Within fifteen (15) days of the issuance of the Letter of Intent (LOI), the successful Bidder
shall at his own expense submit unconditional and irrevocable Advance bank Guarantee
(ABG) to Directorate of Urban Local Bodies (DULB) if the bidder opted for mobilization
advance. The Advance Bank Guarantee (ABG) shall be from a Nationalised Bank or a
scheduled Commercial Bank in the format as described in Request for proposal Volume-
I The Advance Bank Guarantee (ABG) shall be for an amount equivalent to the
mobilization advance paid. Directorate of Urban Local Bodies (DULB) shall invoke the
Advance Bank guarantee in case the selected Vendor fails to discharge their contractual
obligations during the period or Directorate of Urban Local Bodies (DULB) incurs any loss
due to bidder’s negligence in carrying out the project implementation as per the agreed
terms & conditions. The Bank Guarantee must be valid for a period of 6 months after the
successful completion of contract and any extensions, if any.
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22 Liquidated Damages
In the event of failure of the implementation of the project by the Selected Agency as
per the provision mentioned in the agreement, the Directorate of Urban Local Bodies
reserves the option to recover liquidated damages, and not by way of penalty, for late
implementation from the Selected Agency in the following manner:
S. Details of delay Liquidated Damage to be
No. charged
(i) For delay upto 25% of the implementation 2.5% of the Proposal price
period
(ii) For delay of more than 25% and upto 50% 5% of the Proposal price
of the implementation period
(iii) For delay of more than 50% and upto 75% 7.5% of the Proposal price
of the implementation period.
(iv) For the delay more than 75% of the 10% of the Proposal price
implementation period (maximum)
The aforesaid chargeable liquidated damages, if not paid by the Selected Agency, would
be recoverable under the relevant provisions of Public Damage Recovery Act’ 1914 by
the Directorate of Urban Local Bodies.
23 Events of Default
23.1. Defaults by Selected Agency
The failure on the part of the Selected Agency to perform any of its obligations or comply
with any of the terms of this Agreement or the Service Level Agreement (SLA) which is
solely attributable to the Selected Agency shall constitute an Event of Default on the part
of the Selected Agency
I. The Selected Agency/ Selected Agency’s Team has failed to perform any
instructions or directives issued by the Directorate of Urban Local Bodies
(DULB) and respective Urban Local Bodies which it deems proper and
necessary to execute the scope of work or provide services under the Contract,
or
II. The Selected Agency/ Selected Agency’s Team has failed to adhere to any
amended direction, instruction, modification or clarification as issued by the
Client /Respective Urban Local Bodies during the term of this Contract and
which the Client deems proper and necessary for the execution of the scope
of work under this Contract
III. The Selected Agency/ Selected Agency’s Team has failed to demonstrate or
sustain any representation or warranty made by it in this Contract, with respect
to any of the terms of its Bid, the Request for Proposal (RFP) and this Contract
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IV. There is a proceeding for bankruptcy, insolvency, winding up or there is an
appointment of receiver, liquidator, assignee, or similar official against or in
relation to the Selected Agency.
V. The Selected Agency/Selected Agency’s Team has failed to comply with or is
in breach or contravention of any applicable laws.
a. Where there has been an occurrence of such Event of Default, the
Directorate of Urban Local Bodies (DULB)shall issue a notice of default to
the Service Provider, setting out specific defaults / deviances / omissions /
non-compliances / non-performances and provide a notice of Sixty (60)
days to enable such defaulting party to remedy the default committed.
b. Where despite the service of a default notice to the Selected Agency by the
Directorate of Urban Local Bodies (DULB), due to the reasons solely
attributable to the Selected Agency, the Selected Agency fails to remedy
the such Event of Default, the Directorate of Urban Local Bodies (DULB)
may, where it deems fit, issue to the defaulting party another default notice
or proceed to adopt such remedies as may be available to the Directorate
of Urban Local Bodies (DULB).
23.2. Default by Directorate of Urban Local Bodies and Urban Local Bodies
I. Directorate of Urban Local Bodies (DULB) repudiates this Agreement or
otherwise evidences an intention not to be bound by this Agreement
II. Urban Local Bodies fails to make any payments due to the Selected Agency as
per the Payment Terms in this Agreement without any valid or bona fide reason
III. If Directorate of Urban Local Bodies (DULB) and Urban Local Bodies fails to fulfil
its obligations under this Agreement.
24 Consequences of Event of Default
Where an Event of Default subsists or remains uncured, the Directorate of Urban Local
Bodies (DULB) shall be entitled to:
24.1. Impose any such obligations and conditions and issue any clarifications as may be
24.2. necessary to inter alia ensure smooth continuation of Project and the Services which
the Selected Agency shall be obliged to comply with which may include re-
determination of the consideration payable to the Selected Agency as agreed
mutually by Directorate of Urban Local Bodies (DULB) and Selected Agency or
through a third party acceptable to both Parties. The Selected Agency shall in
addition take all available steps to minimize loss resulting from such event of default.
Suspend payments to be made to the Service Provider in relation to the Deliverable,
Service Level Agreement (SLA) or milestone regarding which Event of Default has
occurred under this Agreement by a prior [30] days written notice of suspension to
the Service Provider, provided that such notice of suspension:
a. shall specify the nature of the failure; and
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Haryana
b. shall request the Selected Agency to remedy such failure within a reasonable
period from the date of receipt of such notice of suspension by the Selected Agency.
24.3. Request replacement of any of the Selected Agency’s Team member(s) on a
reasonable ground with another suitable member(s) where the Client deems
necessary. The Selected Agency shall in such case find suitable replacement for
such outgoing member(s) with another member(s) to the satisfaction of the Client.
Failure on the part of the Selected Agency to find a suitable replacement for such
member(s), shall be dealt as per Schedule V - Service Level Agreement (SLA)
defined in this agreement.
25. Termination
25.1. This Agreement shall not be terminated except in accordance of the terms of this
Termination Clause. It is expressly agreed between the Parties that the first intention of
the Parties shall not be termination of this Agreement in case alternate remedies under
this Agreement or Request for Proposal (RFP) are available to the Parties.
25.2. Directorate of Urban Local Bodies (DULB) may, terminate this Agreement in whole or in
part by giving Selected Agency a prior written notice of at least 3 months in advance
indicating its intention to terminate this Agreement under the following circumstances:
I. Where there has been such Event of Default solely attributable to the Selected Agency
and the where such defect is not cured within the time stipulated in this Agreement
which would make it proper and necessary to terminate this Selected Agency and may
include failure on the part of Service Provider to respect any of its commitments with
regard to any part of its obligation under this Agreement, which failure is solely
attributable to the Service Provider.
II. Where it comes to the Directorate of Urban Local Bodies (DULB) attention that Service
Provider is in a position of actual conflict of interest with the interests of the Directorate
of Urban Local Bodies (DULB) Where Service Provider’s ability to survive as an
independent corporate entity is threatened or is lost owing to any reason whatsoever,
including inter-alia the filing of any bankruptcy proceedings against Service Provider
or the order of winding up is passed against Service Provider or the happening of any
such events that are averse to the commercial viability of the Service Provider. In the
event of the happening of any of any events of the above nature, Directorate of Urban
Local Bodies (DULB) shall reserve the right to take any steps as are necessary, to
ensure the business continuity.
25.3. Termination for insolvency
Directorate of Urban Local Bodies (DULB) may at any time terminate this Agreement by
giving prior written notice of thirty [30] days to Service Provider, if Service Provider
becomes bankrupt or otherwise insolvent, provided that such termination shall not
prejudice or affect any right of action or remedy which has accrued or shall accrue
thereafter to Directorate of Urban Local Bodies (DULB).
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25.4. Service Provider subject to approval by Client, may terminate this Agreement before the
expiry of the Term by giving Directorate of Urban Local Bodies (DULB) a prior and written
notice, at least 3 months in advance indicating its intention to terminate this Agreement
26. Consequence of Termination
26.1. In the event of termination of this Agreement prior to Term, due to any cause whatsoever,
Directorate of Urban Local Bodies (DULB) shall be entitled to impose any such
obligations and conditions and issue any clarifications as may be necessary to ensure an
efficient transition and effective business continuity of the Project which Service Provider
shall be obliged to comply with and take all available steps to minimise loss resulting from
that termination/ breach, and further allow and provide all such assistance to Directorate
of Urban Local Bodies (DULB) and/ or the successor service provider, as may be
required, to take over the obligations of the Service Provider in relation to the execution/
continued execution of the requirements of this Agreement.
26.2. Where the termination of the contract is prior to its Term on account of the default on part
of Service Provider or due to the fact that the survival of Service Provider as an
independent corporate entity has ceased, Directorate of Urban Local Bodies
(DULB)/Respective Urban Local Bodies through mutual redetermination of the
consideration payable to Service Provider, shall pay Service Provider for that part of the
services which have been authorized by Directorate of Urban Local Bodies (DULB) and
satisfactorily performed by Service Provider up to the date of termination. Without
prejudice to any other rights, Urban Local Bodies may retain such amount from the
payment due and payable to Service Provider as may be required to offset any losses
caused to Urban Local Bodies as a sole, direct and unpreventable result of any act/
omissions of Service Provider. In case of any loss or damage due to default attributable
solely on the part of Service Provider in performing any of its obligations with regard to
executing the Scope of Work under this Agreement, Service Provider shall compensate
Directorate of Urban Local Bodies (DULB)/ Respective Urban Local Bodies for any such
direct and unpreventable loss, damages or other costs, incurred by Directorate of Urban
Local Bodies (DULB)/ Respective Urban Local Bodies. Additionally, members of its team
shall all its obligations and responsibilities under the contract in an identical manner as
were being performed before the collapse of Selected Agency as described above in
order to execute an effective transition and to maintain business continuity.
All third parties shall continue to perform all/ any functions as stipulated by Client and
as may be proper and necessary to execute the Scope of Work under the contract in
terms of Selected Agency’s bid, the bid document and the contract
26.3. Nothing herein shall restrict the right of Directorate of Urban Local Bodies (DULB) to
invoke the relevant bank guarantee and other guarantees furnished hereunder in the
manner and conditions prescribed under this Agreement and perceived such other rights
and/ or remedies that may be available to Directorate of Urban Local Bodies (DULB)
under law.
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26.4. The termination hereof shall not affect any accrued right or liability of either party nor
affect the operation of the provisions of the contract that are expressly or by implication
intended to come into or continue in force on or after such termination.
27. Representation & Warranties
27.1. Representations and warranties of the Selected Agency
The Selected Agency represents and warrants to the Directorate of Urban Local Bodies
(DULB) that:
I. it is duly organized and validly existing under the laws of India, and has full power and
authority to execute and perform its obligations under this Agreement and other
agreements and to carry out the transactions contemplated hereby;
II. it is a competent provider of business process management services and
implementation strategy of Accrual Based Double Entry Accounting Systems
III. it has taken all necessary corporate and other actions under laws applicable to its
business to authorize the execution and delivery of this Agreement and to validly
exercise its rights and perform its obligations under this Agreement;
IV. it will have the financial standing and capacity to undertake the Project in accordance
with the terms of this Agreement from the effective date;
V. During the course providing the Services, it shall use reasonable endeavours not to
cause any unnecessary disruption to Directorate of Urban Local Bodies (DULB)
normal business operations;
VI. This Agreement has been duly executed by it and constitutes a legal, valid and
binding obligation, enforceable against it in accordance with the terms hereof, and its
obligations under this Agreement shall be legally valid, binding and enforceable
against it in accordance with the terms hereof;
VII. the information furnished in the Request for Proposal (RFP) documents and as
updated on or before the date of this Agreement is to the best of its knowledge and
belief true and accurate in all material respects as at the date of this Agreement;
VIII. the execution, delivery and performance of this Agreement shall not conflict with
result;
IX. there are no material actions, suits, proceedings, or investigations pending or, to its
knowledge, threatened against it at law or in equity before any court or before any
other judicial, quasi-judicial or other authority, the outcome of which may result in the
breach of this Agreement or which individually or in the aggregate may result in any
material impairment of its ability to perform any of its material obligations under this
Agreement;
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X. it has no knowledge of any violation or default with respect to any order, writ,
injunction or decree of any court or any legally binding order of any Government
instrumentality which may result in any Adverse Effect on its ability to perform its
obligations under this Agreement and no fact or circumstance exists which may give
rise to such proceedings that would adversely affect the performance of its obligations
under this Agreement;
XI. it has complied with Applicable Laws in all material respects and has not been subject
to any fines, penalties, injunctive relief or any other civil or criminal liabilities which in
the aggregate have or may have an Adverse Effect on its ability to perform its
obligations under this Agreement;
XII. No representation or warranty by it contained herein or in any other document
furnished by it to Directorate of Urban Local Bodies (DULB) or its nominated agencies
in relation to the Approval (as defined in this Agreement) contains or shall contain any
untrue or misleading statement of material fact or omits or shall omit to state a material
fact necessary to make such representation or warranty not misleading; and no sums,
in cash or kind, have been paid or shall be paid, by it or on its behalf, to any person
by way of fees, commission or otherwise for entering into this Agreement or for
influencing or attempting to influence any officer or employee of Directorate of Urban
Local Bodies (DULB) or its nominated agencies in connection therewith.
27.2. Representations and warranties of the Directorate of Urban Local Bodies (DULB)
or its nominated agencies
Directorate of Urban Local Bodies (DULB) represent and warrant to Service Provider that:
I. It has full power and authority to execute, deliver and perform its obligations under
this Agreement and to carry out the transactions contemplated herein and that it has
taken all actions necessary to execute this Agreement, exercise its rights and perform
its obligations, under this Agreement and carry out the transactions contemplated
hereby; they have taken all necessary actions under Applicable Laws to authorize the
execution, delivery and performance of this Agreement and to validly exercise their
rights and perform their obligations under this Agreement;
II. It has the financial, structural and technical standing and capacity to perform their
obligations under this Agreement; it is subject to the laws of India, and hereby
expressly and irrevocably waives any immunity in any jurisdiction in respect of this
Agreement or matters arising thereunder including any obligation, liability or
responsibility hereunder; this Agreement has been duly executed by it and constitutes
a legal, valid and binding obligation enforceable against them in accordance with the
terms hereof and its obligations under this Agreement shall be legally valid, binding
and enforceable against it in accordance with the terms thereof;
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III. The execution, delivery and performance of this Agreement shall not conflict with,
result in the breach of, constitute a default under, or accelerate performance required
by any of the Applicable Laws or any covenant, contract, agreement, arrangement,
understanding, decree or order to which it is a party or by which they or any of their
properties or assets is bound or affected;
IV. There are no actions, suit or proceeding pending or, to their knowledge, threatened
against them at law or in equity before any court or before any other judicial, quasi-
judicial or other authority, the outcome of which may result in the default or breach of
this Agreement or which individually or in the aggregate may result in any material
impairment of its ability to perform its material (including any payment) obligations
under this Agreement;
V. It is not in any violation or default with respect to any order, writ, injunction or any
decree of any court or any legally binding order of any Government Instrumentality
which may result in any Adverse Effect on their ability to perform their obligations
under this Agreement and no fact or circumstance exists which may give rise to such
proceedings that would adversely affect the performance of its obligations under this
Agreement;
VI. It has complied with Applicable Laws in all material respects; all information provided
by them in the Request for Proposal (RFP) in connection with the Project is, to the
best of its knowledge and belief, true and accurate in all material respects; and upon
the Service Provider performing the covenants herein, they shall not at any-time
during the Term hereof, interfere with peaceful exercise of the rights and discharge of
the obligations by the Service Provider, in accordance with this Agreement.
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28. Use of Assets by the Selected Agency
During the Term the Selected Agency shall:
28.1. Take all reasonable and proper care of the entire hardware and software, network or any
other information technology infrastructure components used for the Implementation
28.2. Project of accrual based double entry and other facilities leased / owned / operated by
28.3. the Selected Agency exclusively in terms of ensuring their usability for the delivery of the
28.4. Services as per this Agreement (hereinafter the “Assets”) in proportion to their use and
28.5. control of such Assets;
28.6. Keep all the tangible Assets in as good and serviceable condition (reasonable wear and
28.7. tear excepted) as at the date the Selected Agency takes control of and/or first uses the
28.8. Assets and during the entire Term of this Agreement;
Ensure that any instructions or manuals supplied by the manufacturer of the Assets for
use of the Assets and which are provided to the Service Provider will be followed by the
Service Provider and any Person who is made responsible for the use of the Assets by
the Service Provider.
Take such steps as may be properly recommended by the manufacturer of the Assets
and notified to the Service Provider or as may, in the reasonable opinion of the Service
Provider, be necessary to use the Assets in a safe manner;
Ensure that the Assets that are under the control of the Service Provider, are kept suitably
housed and in conformity with Applicable Law;
Procure permission from the Directorate of Urban Local Bodies (DULB) or its nominated
agencies and any persons duly authorized by them to enter any land or premises on
which the Assets are for the time being sited so as to inspect the same, subject to any
reasonable third party requirements;
Not knowingly or negligently use or permit any of the Assets to be used in contravention
of any statutory provisions or regulation or in any way contrary to Applicable Law;
Use best efforts to ensure that no lien, mortgage, hypothecation or any other charge is
created over the Assets. Service Provider agrees that they will inform Directorate of
Urban Local Bodies (DULB)) immediately if Service Provider feels or comes to know that
a charge may be / has been created over any Asset(s). In the event a charge is created
over any of the Assets / goods which are owned by Directorate of Urban Local Bodies
(DULB) by the Service Provider, Directorate of Urban Local Bodies (DULB) shall have
the right to get the charge removed at the risk, cost, expense of the Service Provider and
Service Provider shall make good all losses, damages, costs, fees, cess, duties, etc.
borne or suffered by Directorate of Urban Local Bodies (DULB) or its nominated agencies
due to creation of such charge and/or in removal of such charge and/or in discharging
the obligations for removal of such charge.
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29. Security & Safety
29.1. Each Party to the Service Level Agreement (SLA)/ Agreement shall also comply with the
rules laid down by the Government of India, and the respective State’s security standards
and policies in force from time to time at each location of which Directorate of Urban Local
Bodies (DULB) or its nominated agencies make the Service Provider aware in writing
insofar as the same apply to the provision of the Services.
29.2. The Parties to the Service Level Agreement (SLA)/ Agreement shall use reasonable
endeavours to report forthwith in writing to each other all identified attempts (whether
successful or not) by unauthorized Persons (including unauthorized persons who are
employees of any Party) either to gain access to or interfere with a Party’s data, facilities
or Confidential Information.
29.3. Each party shall upon reasonable request by the other party as the case may be or their
nominee(s) participate in regular meetings when safety and information technology
security matters are reviewed.
29.4. As per the provisions of the Service Level Agreement (SLA) or this Agreement, the
Service Provider shall promptly report in writing to Directorate of Urban Local Bodies
(DULB) or its nominated agencies, any act or omission which they are aware that could
have an Adverse Effect on the proper conduct of safety and information technology
security at the facilities of Directorate of Urban Local Bodies (DULB) as the case may be.
30. Indemnification & Limitation of Liability
30.1. Subject to Clause 31.2 below, Each Party (the ‘Indemnifying Party’) undertakes to
indemnify the other Party (the ‘Indemnified Party’) from and against all Losses on account
of bodily injury, death or damage to tangible personal property arising in favour of any
person, corporation or other entity (including the Indemnified Party) attributable to the
Indemnifying Party's negligence or wilful default in performance or non-performance
under this Agreement. If the Indemnified Party promptly notifies Indemnifying Party in
writing of a third party claim against Indemnified Party that any Service provided by the
Indemnifying Party infringes a copyright, trade secret or patents incorporated in India of
any third party, Indemnifying Party will defend such claim at its expense and will pay any
costs or damages that may be finally awarded against Indemnified Party. Indemnifying
Party will not indemnify the Indemnified Party, however, if the claim of infringement is
caused by:
I. Indemnified Party’s misuse or modification of the Service;
II. Indemnified Party’s failure to use corrections or enhancements made available by
the Indemnifying Party;
III. Indemnified Party’s use of the Service in combination with any product or
information not owned or developed by Indemnifying Party;
IV. Indemnified Party’s distribution, marketing or use for the benefit of third parties of
the Service; or information, direction, specification or materials provided by
Indemnified Party or any third party contracted to it. If any Service is or likely to
be held to be infringing, Indemnifying Party shall at its expense and option either
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A. procure the right for Indemnified Party to continue using it, or
B. replace it with a non-fringing equivalent, or
C. Modify it to make it non-fringing. The foregoing remedies constitute
Indemnified Party’s sole and exclusive remedies and Indemnifying Party’s
entire liability with respect to infringement.
30.2. The Indemnifying Party shall indemnify the Indemnified Party against all losses (including
loss of business, reputation, profits, revenue etc.), claims, damages, compensation,
charges (including attorney fees) etc. arising out of data loss, data theft, data misuse,
data tempering, unauthorized use or disclosure of Confidential Information etc.
attributable to the Indemnifying Party's negligence, wilful default, lack of due care or
beach of terms of this Agreement.
30.3. The indemnities set out in Clause 31 shall be subject to the following conditions:
I. The Indemnified Party as promptly as practicable informs the Indemnifying Party
in writing of the claim or proceedings and provides all relevant evidence,
documentary or otherwise; the Indemnified Party shall, at the cost of the
Indemnifying Party, give the Indemnifying Party all reasonable assistance in the
defence of such claim including reasonable access to all relevant information,
documentation and personnel provided that the Indemnified Party may, at its sole
cost and expense, reasonably participate, through its attorneys or otherwise, in
such defence;
II. If the Indemnifying Party does not assume full control over the defence of a claim
as provided in this Article, the Indemnifying Party may participate in such defence
at its sole cost and expense, and the Indemnified Party will have the right to
defend the claim in such manner as it may deem appropriate, and the cost and
expense of the Indemnified Party will be included in Losses;
III. The Indemnified Party shall not prejudice, pay or accept any proceedings or claim,
or compromise any proceedings or claim, without the written consent of the
Indemnifying Party;
IV. All settlements of claims subject to indemnification under this Clause will be
entered into only with the consent of the Indemnified Party, which consent will not
be unreasonably withheld and include an unconditional release to the Indemnified
Party from the claimant or plaintiff for all liability in respect of such claim; and
include any appropriate confidentiality agreement prohibiting disclosure of the
terms of such settlement;
V. The Indemnified Party shall account to the Indemnifying Party for all awards,
settlements, damages and costs (if any) finally awarded in favour of the
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Indemnified Party which are to be paid to it in connection with any such claim or
proceedings; the Indemnified Party shall take steps that the Indemnifying Party
may reasonably require to mitigate or reduce its loss as a result of such a claim
or proceedings ;in the event that the Indemnifying Party is obligated to indemnify
an Indemnified Party pursuant to this Article, the Indemnifying Party will, upon
payment of such indemnity in full, be subrogated to all rights and defences of the
Indemnified Party with respect to the claims to which such indemnification relates;
and if a Party makes a claim under the indemnity set out above in respect of any
particular Loss or Losses, then that Party shall not be entitled to make any further
claim in respect of that Loss or Losses (including any claim for damages).
30.4. The liability of Selected Agency (whether in contract, tort, negligence, strict liability in tort,
30.5. by statute or otherwise) for any claim in any manner related to this Agreement, including
30.6. the work, deliverables or Services covered by this Agreement, shall be the payment of
direct damages only which shall in no event in the aggregate exceed the consideration
payable to the Selected Agency for services.
In no event shall either party be liable for any consequential, incidental, indirect, special
or punitive damage, loss or expenses (including but not limited to business interruption,
lost business, lost profits, or lost savings) nor for any third party claims (other than those
set- forth in Clause 14.2) even if it has been advised of their possible existence.
The allocations of liability in this Clause represent the agreed and bargained-for
understanding of the parties and compensation for the Services reflects such allocations.
Each Party has a duty to mitigate the damages and any amounts payable under an
indemnity that would otherwise be recoverable from the other Party pursuant to this
Agreement by taking appropriate and commercially reasonable actions to reduce or limit
the amount of such damages or amounts.
31. Confidentiality
31.1. Directorate of Urban Local Bodies (DULB) or its nominated agencies shall allow the
31.2. Service Provider to review and utilize any confidential public records and the Service
31.3. Provider shall maintain the highest level of secrecy, confidentiality and privacy with regard
thereto.
Additionally, the Service Provider shall keep confidential all the details and information
with regard to the Project implementations, including systems, facilities, operations,
management and maintenance of the systems/facilities.
Directorate of Urban Local Bodies (DULB) or its nominated agencies shall retain all rights
to prevent, stop and if required take the necessary punitive action against the Service
Provider regarding any forbidden disclosure.
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31.4. Service Provider shall endeavour that all its employees, agents and execute individual
non-disclosure agreements, which have been duly approved by Directorate of Urban
Local Bodies (DULB) with respect to this Project. For the avoidance of doubt, it is
expressly clarified that the aforesaid provisions shall not apply to the following
information:
i. Information already available in the public domain;
ii. Information which has been developed independently by the Service Provider;
iii. Information which has been received from a third party who had the right to
disclose the aforesaid information;
iv. Information which has been disclosed to the public pursuant to a court order.
31.5. To the extent the Service Provider shares its confidential or proprietary information with
Directorate of Urban Local Bodies (DULB) for effective performance of the Services, the
provisions of this Clause shall apply mutatis mutandis on Directorate of Urban Local
Bodies (DULB)or its nominated agencies.
32. Audit, Access & Reporting
The Service Provider shall allow access to Directorate of Urban Local Bodies (DULB) or
its nominated agencies to all information which is in the possession or control of the
Service Provider and which relates to the provision of the Services as set out in the Audit,
Access and Reporting Schedule and which is reasonably required by the Directorate of
Urban Local Bodies (DULB) to comply with the terms of the Audit, Access and Reporting
Schedule set out as Schedule III of this Agreement.
33. Governing Laws & Jurisdiction
This Agreement and all matters regarding the interpretation and/or enforcement hereof,
will be governed exclusively by the laws of India. The courts of Panchkula alone and no
other courts shall be entitled to entertain and try any dispute or matter relating to or arising
out of this Agreement.
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34. Miscellaneous
34.1. Personnel
34.1.1. The personnel assigned by Selected Agency to perform the Services shall be
employees or agents of Selected Agency and under no circumstances shall such
personnel be considered employees of Directorate of Urban Local Bodies (DULB)
or its nominated agencies. The Selected Agency shall have the sole responsibility
for the supervision and control of the personnel deployed in the Project and for
payment of such personnel’s compensation, including salary, withholding of income
taxes and social security taxes, worker’s compensation, employee and disability
benefits and the like and shall be responsible for all obligations of an employer
subject to Applicable Law.
34.1.2. The Selected Agency shall use its best efforts to ensure that sufficient Selected
Agency personnel are assigned to perform the Services and that, such personnel
have appropriate qualifications to perform the Services. After discussion with
Selected Agency, Directorate of Urban Local Bodies (DULB) or its nominated
agencies shall have the right to require the removal or replacement of any Selected
Agency personnel performing work under this Agreement based on bonafide
reasons. In the event that Directorate of Urban Local Bodies (DULB) or its
nominated agencies requests that any Selected Agency personnel be replaced, the
substitution of such personnel shall be accomplished pursuant to a mutually agreed
upon decisions.
34.1.3. In the event that the Directorate of Urban Local Bodies (DULB) and Selected
Agency identify any personnel of Selected Agency as “Key Personnel”, then the
Selected Agency shall not remove such personnel from the Project without the prior
written consent of Directorate of Urban Local Bodies (DULB) or its nominated
agencies unless such removal is the result of an unavoidable circumstance
including but not limited to resignation, termination, medical leave, death etc.
34.1.4. Except as stated in this Clause, nothing in this Agreement or the Service Level
Agreement (SLA) will limit the ability of Selected Agency to freely assign or reassign
its employees; provided that Selected Agency shall be responsible, at its expense,
for transferring all appropriate knowledge from personnel being replaced to their
replacements. Directorate of Urban Local Bodies (DULB) or its nominated agencies
shall have the right to review and approve Selected Agency’s plan for any such
knowledge transfer. Selected Agency shall maintain the same or higher standards
for skills and professionalism among replacement personnel as in personnel being
replaced.
34.1.5. Each Party shall be responsible for the performance of all its obligations under this
Agreement or the Service Level Agreement (SLA) as the case may be and shall be
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liable for the acts and omissions of its employees and agents in connection
therewith.
34.1.6. Neither Party will solicit for employment or knowingly hire an employee of the other
Party with whom such Party has contact pursuant to project engagements under
this Agreement. This restriction shall not apply to employees of either Party
responding to advertisements in job fairs or news media circulated to the general
public.
34.2. Sub-Contractors
Bidder can sub-contract and outsource the work to the extent of survey and listing of
movable and immovable assets of ULBs.
34.3. Joint Venture and Consortium
Joint venture and consortium shall not be allowed for part or whole of project
34.4. Assignment
I. All terms and provisions of this Agreement shall be binding on and shall inure to the
benefit of Directorate of Urban Local Bodies (DULB) and their respective successors
and permitted assigns.
II. The Selected Agency shall not be permitted to assign its rights and obligations under
this Agreement to any third party under whatsoever conditions, If the Selected Agency
is found to assign its rights and obligations under this agreement to any third party, the
Selected Agency is liable for penalties as imposed by Directorate of Urban Local
Bodies.
III. The Directorate of Urban Local Bodies (DULB) may assign or novate all or any part of
this Agreement and Schedules/ Annexures, and the Selected Agency shall be a party
to such novation, to any third party contracted to provide outsourced services to
Directorate of Urban Local Bodies (DULB) or any of its nominees.
34.5. Trademarks & Publicity
Neither Party may use the trademarks of the other Party without the prior written consent
of the other Party except that Selected Agency may, upon completion, use the Project as
a reference for credential purpose. Except as required by law or the rules and regulations
of each stock exchange upon which the securities of one of the Parties is listed, neither
Party shall publish or permit to be published either along or in conjunction with any other
person any press release, information, article, photograph, illustration or any other
material of whatever kind relating to this Agreement, the Service Level Agreement (SLA)
or the business of the Parties without prior reference to and approval in writing from the
other Party, such approval not to be unreasonably withheld or delayed provided however
that Selected Agency may include Directorate of Urban Local Bodies (DULB) or its client
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lists for reference to third parties subject to the prior written consent of Directorate of
Urban Local Bodies (DULB) not to be unreasonably withheld or delayed. Such approval
shall apply to each specific case and relate only to that case.
34.6. Notices
I. Any notices or other document, which may be given by either Party under this
Agreement, shall be given in writing in person or by pre-paid recorded delivery
arrangements, post, by facsimile transmission or by email.
II. In relation to a notice given under this Agreement, any such notice or other
document shall be addressed to the other Party's principal or registered office
address as set out below:
In case of Directorate of In case of Selected Agency
Urban Local Bodies (DULB) Name:
Name:
Designation: Director General Urban Designation:
Local Bodies, Haryana
Address: Bays No. 11-14, Sector-4, Address:
Panchkula
Phone/ Fax: 0172-2570020, Phone/ Fax:
Email: dulbhry@hry.nic.in Email:
III. Either Party to this Agreement may change its address, telephone number,
facsimile number and nominated contact for notification purposes by giving the
other reasonable written notice of the new information and its effective date.
34.7. Amendment
No amendment, variation or other change to this Master Service Agreement (MSA) or the
Service Level Agreement (SLA) shall be valid unless made in writing and signed by the
duly authorized representatives of the Parties to this Agreement or the Service Level
Agreement (SLA).
34.8. Severability & Waiver
I. If any provision of this Agreement or the Service Level Agreement (SLA), or any part
thereof, shall be found by any court or administrative body of competent jurisdiction to
be illegal, invalid or unenforceable the illegality, invalidity or unenforceability of such
provision or part provision shall not affect the other provisions of this Agreement or the
Service Level Agreement (SLA) or the remainder of the provisions shall remain in full
force and effect. The relevant Parties shall negotiate in good faith in order to agree to
substitute for any illegal, invalid or unenforceable provision a valid and enforceable
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provision which achieves to the greatest extent possible the economic, legal and
commercial objectives of the illegal, invalid or unenforceable provision or part provision.
II. No failure to exercise or enforce and no delay in exercising or enforcing on the part of
either Party to this Agreement or the Service Level Agreement (SLA) of any right,
remedy or provision of this Agreement or the Service Level Agreement (SLA) shall
operate as a waiver of such right, remedy or provision in any future application nor shall
any single or partial exercise or enforcement of any right, remedy or provision preclude
any other or further exercise or enforcement of such right, remedy or provision or the
exercise or enforcement of any other right, remedy or provision.
34.9. Compliance with Applicable Law
Each Party to this Agreement accepts that its individual conduct shall (to the extent
applicable to Chartered Accountant Firm in India) at all times comply with all laws, rules
and regulations of government and other bodies having jurisdiction over the area in which
the Services are undertaken provided that changes in such laws, rules and regulations
which result in a change to the Services shall be dealt with in accordance with the Change
Control Schedule set out in Schedule II of this Agreement.
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34.10. Entire Agreement
I. This Agreement and the Service Level Agreement (SLA) with all Schedules &
Annexures appended thereto, Letter of Intent (LoI), work order, Bid and the contents
and specifications of the Request for Proposal (RFP) constitute the entire agreement
between the Parties with respect to their subject matter, and as to all other
representations, understandings or agreements which are not fully expressed herein,
provided that nothing in this Clause shall be interpreted so as to exclude any liability in
respect of fraudulent misrepresentation.
II. This Agreement shall consist of this Contract Form and the following documents and
the exhibits, specifications and other documents referred to therein (hereinafter the
‘Contract Documents’), all of which by this reference are incorporated herein and made
part hereof:
1. Work order
2. Letter of Intent (LoI)
3. Complete Request for Proposal (RFP)
4. Document and Corrigendum (If any)
5. The Selected Agency Technical and Financial Proposal
III. This Agreement sets forth the entire contract and agreement between the Parties
pertaining to “Selection of Comptroller and Auditor General (CAG) Empanelled
Chartered Accountant (CA) Firms/ Agency for implementation of Accrual Based Double
Entry Accounting System (ABDEAS) in all the Municipal Corporations / Councils /
Committees of Hisar Cluster of Haryana” including training and Handholding support to
the Urban Local Bodies staff. This Agreement shall prevail over all other Contract
Documents. In the event of any discrepancy or inconsistency within the contract
documents, then the documents shall prevail in the order listed above.
34.11. No Claim Certificate
Neither Party shall be entitled to make any claim, whatsoever against the other Party,
under or by virtue of or arising out of, this Agreement, if made by the other Party after
it has signed a “No claim” certificate in favour of the other Party in such forms as shall
be required by such Party after the works are finally accepted.
34.12. Place of Service
The Selected Agency shall provide Services from Panchkula, Haryana. Selected
Agency’s representatives may have to travel outside Panchkula, within Haryana in
relation to the services to be performed under this Agreement.
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35. Dispute Resolution
35.1. If any dispute arises between the Parties hereto during the subsistence of this Agreement
of thereafter, in connection with this Agreement or the Service Level Agreement (SLA)
shall in the first instance be dealt with in accordance with the escalation procedure as set
out in the Governance Schedule set out as Schedule IV of this Agreement.
35.2. In case the escalations do not result in resolution of the dispute within time stipulated for
escalation, then the same shall be referred to the Arbitration as stated below in settlement
of dispute clause.
35.3. During the term of escalation or arbitration no punitive steps, including but not limited to
termination of this Agreement, shall be taken by the Directorate of Urban Local Bodies
(DULB) against the Selected Agency. Any legal dispute will come under Panchkula Civil
Court jurisdiction only. The Panchkula civil court has exclusive jurisdiction to try and
adjudicate the dispute arising out of this agreement.
36. Settlement of Dispute
36.1. Amicable settlement
The parties shall use their best efforts to settle amicably all disputes arising out of or in
connection with this Agreement or the interpretation thereof. In the event a dispute,
differences or claim arises in connection with the interpretation or implementation of this
agreement, the aggrieved party shall issue a written notice setting out the
Dispute/differences or claim to the other party, parties shall first attempt to resolve such
dispute through mutual consultation. If the dispute is not resolved as aforesaid within
Sixty (60) days from the date of receipt of written notice, the matter shall be referred for
Arbitration.
36.2. Arbitration
The arbitral proceedings shall be referred to the sole arbitrator to be designated by
Principle Secretary Urban Local Bodies. Arbitration proceedings shall be conducted in
and the award shall be made in English language. Arbitration proceedings shall be
conducted in Panchkula.
i) Notwithstanding anything contrary contained in any other law enforce in India, no
proceeding other than Arbitration shall be carried out in any dispute arising
between parties from or out of any provision of the Agreement.
ii) No Court of Law has any right to entertain and try any proceeding except
Arbitration proceeding arising from or out of any provision of the Agreement.
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36.3. Place of Arbitration
The Place of arbitration shall ordinarily be Panchkula, however by mutual agreement of
both the parties, the arbitration proceeding if required, may be held elsewhere.
36.4. Enforcement of Award
The Parties agree that the decision or award resulting from arbitration shall be final and
binding upon the parties and shall be enforceable in accordance with the provision of the
arbitration and conciliation Act 1966.
36.5. Jurisdiction
The Panchkula Civil Court shall have the exclusive jurisdiction to try and adjudicate the
dispute arising out of this agreement. No other Court can entertain the dispute arising out
of this agreement.
SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED
for and on behalf of Governor, Haryana For and on behalf of
acting through Director General, Urban Selected Agency:
Local Bodies, Haryana
Signature Signature
Name Name
Address Address
Contact Details Contact Details
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IN WITNESS WHEREOF the Parties have by duly authorized representatives set their
respective hands and seal on the date herein mentioned below:
For and on behalf of For and on behalf of
Selected Agency
Directorate of Urban Local Bodies,
Haryana
Signature and Official Seal Signature and Official Seal
Name:
Name: Designation:
Designation: Director General, Urban Witness
Local Bodies, Haryana 1. Signature:
Office: Bays No. 11-14, Sector-4, Name:
Panchkula Designation:
Address:
Phone No: 0172-2570020, Office Phone
No: 0172-2560075, 0172-2560082,
Fax: 2570021
E-mail: dulbhry@hry.nic.in
Witness
1. Signature:
Name:
Designation:
Address:
2. Signature: 2. Signature:
Name: Name:
Designation: Designation:
Address: Address:
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37. Schedule – I: Project Cost & Process of release of Payment
37.1. Total Cost of Project
The total payment to be made to Selected Agency under this Project is Indian Rupee
(INR)______________, which is inclusive of all taxes and levies as applicable under respective
statues, prevailing from time to time upon the terms laid out in this Request for Proposal (RFP).
The project cost summary is reproduced herein:
(The detailed cost breakup of the above consideration shall be as per the Financial Bid of
the Selected Agency)
37.2. The payments terms will be in accordance with the payment terms mentioned in Request
for Proposal (RFP) volume -I payment milestone.
37.3. The amount of consideration payable under this Contract shall become due immediately
on completion of the milestones as specified in this Agreement. There shall be no
adjustment or deduction to the consideration payable under this contract, on account of
non – usage of Services by Directorate of Urban Local Bodies (DULB) or any of Urban
Local body (ULB) under this project
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37.4. Process of release of payment to Selected Agency
37.4.1. On completion of a payment milestone, Selected Agency will inform the Project
Monitoring committee about completion of a payment milestone and submit the
respective invoice to respective Urban Local Bodies.
37.4.2. On receipt of such intimation mentioning completion of a payment milestone by
Selected Agency, the Project Monitoring committee will verify the claim made by
Selected Agency and issue the necessary sign-off / completion certificate to Selected
Agency within Fifteen (15) days from Selected Agency’s such intimation. The approval
given by project Monitoring committee members will be considered as sign-off issued
for respective milestone.
37.4.3. It is very important that Selected Agency deliver the project as per the scope mentioned
in this agreement. Hence Selected Agency will prepare the checklist mentioning
achievement of a particular milestone as per the scope of work mentioned in this
agreement and the same will be made available to the Project Monitoring committee
by Selected Agency.
37.4.4. In case, the Project Monitoring committee find deliverable not completed by Selected
Agency as per the agreed scope of work within Fifteen (15) days, then the project
Monitoring committee will inform Selected Agency the non-completion part of such
delivery & will mention the one single & complete list of compliance to be achieved by
Selected Agency which will be based on the checklist prepared by Selected Agency.
37.4.5. Selected Agency will then complete the milestone based on this list of compliance
given by the project Monitoring committee only, without re-visiting checklist parameters
that complied earlier and then Selected Agency will intimate The Project Monitoring
Committee the compliances of the same in writing, then the process of completion of
milestone within seven (07) days by the project Monitoring committee will become
applicable as mentioned above.
37.4.6. The Project Monitoring committee will then either issue the requisite sign-off /
completion certificate or inform Selected Agency the list of compliance to be achieved
within Seven (07) days from the date of Selected Agency’s intimation.
37.4.7. Based on this sign-off certificate, respective Urban Local Bodies will release the
payment to Selected Agency within 45 days from the date of sign off.
37.5. Financial Matters
Terms of Payment and Service Credits and Debits
In consideration of the Services and subject to the provisions of this Agreement and of
the Service Level Agreement (SLA), respective Urban Local Bodies shall pay the
Service Provider for the Services rendered in pursuance of this Agreement, in
accordance with the Terms of Payment Schedule set out in Volume-I of the Request for
Proposal (RFP) and subsequent Corrigendum subject always to the fulfilment by the
Selected Agency of the obligations herein.
I. All payments are subject to deductions of applicable liquidated damages as provided
for in the Service Level Agreement (SLA) section of the Request for Proposal (RFP).
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For the avoidance of doubt, it is expressly clarified that respective Urban Local
Bodies will calculate a financial sum as a result of the failure of the Service Provider
to meet the Timelines and/or Service Level Requirements if any and debit the same
against the terms of payment as set out in Payment Schedule in Volume -I of the
Request for Proposal (RFP) and subsequent Corrigendum.
II. Save and except as otherwise provided for herein or as agreed between the Parties
in writing, respective Urban Local Bodies shall not be required to make any
payments in respect of the Services (or without limitation to the foregoing, in respect
of the Service Provider performance of any obligations under this Agreement or the
Service Level Agreement) other than those covered in Payment Schedule in
Volume-I of the Request for Proposal (RFP) and subsequent Corrigendum.
III. All payments agreed to be made by respective Urban Local Bodies to the Service
Provider in accordance with the Project shall be inclusive of all statutory levies,
duties, taxes and other charges whenever levied/applicable including costs of
maintenance, if any and Directorate of Urban Local Bodies (DULB) / respective
Urban Local Bodies shall not be liable to pay any such levies/other charges under
or in relation to this Agreement and/or the Services.
IV. Payment shall be paid at the times and in the manner set out in the Payment
schedule as specified in the volume -I of the Request for Proposal (RFP) and
respective corrigendum, against value of contract. However, all the applicable taxes
shall be reimbursed against submission of payment proofs. Works contract taxes, if
any applicable, shall be reimbursed against actual and against submission of
payment proofs.
V. No invoice for extra work/change order on account of change order will be submitted
by the Service Provider unless the said extra work /change order has been
authorized/approved by the Directorate of Urban Local Bodies (DULB) / respective
Urban Local Bodies in writing in accordance with Clause on Change order.
VI. In the event of Client / respective Urban Local Body noticing at any time that any
amount has been disbursed wrongly to Selected Agency or any other amount is due
from Selected Agency to the Client / respective Urban Local Body, the Client /
respective Urban Local Body may without prejudice to its rights recover such
amounts by other means after notifying Selected Agency or deduct such amount
from any payment falling due to Selected Agency. The details of such recovery, if
any, shall be intimated to Selected Agency. Selected Agency shall receive the
payment of undisputed amount under subsequent invoice for any amount that has
been omitted in previous invoice by mistake on the part of the Client / respective
Urban Local Body or Selected Agency.
37.6. Invoicing and Settlement
Subject to the specific terms of the Service Level Agreement, the Service Provider shall
submit its invoices in accordance with the following principles:
37.6.1. Respective Urban Local Bodies shall be invoiced by the Service Provider for the
Services. Generally, and unless otherwise agreed in writing between the Parties or
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expressly set out in the Service Level Agreement, the Selected Agency shall raise an
invoice as per Payment Schedule in Volume 1 of the Request for Proposal (RFP) and
respective corrigendum.
37.6.2. Any invoice presented in accordance with this Clause shall be in a form agreed with
Directorate of Urban Local Bodies (DULB).
37.6.3. Selected Agency shall be solely responsible to make payment to personnel and third
parties, etc.
37.6.4. Payment shall be made within Forty-Five (45) working days of the receipt of invoice
along with supporting documents by respective Urban Local Bodies subject to
penalties. The penalties are imposed on the vendor as per the Service Level
Agreement criteria specified in the Request for proposal. Directorate of Urban Local
Bodies (DULB) / respective Urban Local Bodies shall not be liable for any additional
payment as late charges/ delay charges/ penalty charges etc. for any delayed
payments under any conditions whatsoever.
37.6.5. Client / respective Urban Local Bodies shall be entitled to delay or withhold payment
of any invoice or part of it delivered by the Selected Agency where Client / respective
Urban Local Bodies disputes/ withholds such invoice or part of it provided that such
dispute is bona fide. The withheld amount shall be limited to that which is in dispute.
The disputed /withheld amount shall be settled in accordance with the escalation
procedure. Any exercise by Client / respective Urban Local Bodies under this Clause
shall not entitle the Selected Agency to delay or withhold provision of the Services.
37.7. Professional Fees
All expenses incurred by or on behalf of each Party to this Agreement and the Service
Level Agreement (SLA), including all fees of agents, legal advisors, accountants and
actuaries employed by either of the Parties in connection with the negotiation,
preparation and execution of this Agreement or the Service Level Agreement (SLA) shall
be borne solely by the Party which incurred them.
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38. Schedule – II: Change Management Process
This Schedule describes the procedure to be followed in the event of any proposed
change to the Master Service Agreement (“MSA”), Project Implementation Phase,
Service Level Agreements (SLAs), Scope of Work and Functional Requirement in this
Request for Proposal. Such change shall include, but shall not be limited to, changes in
the scope of services provided by the Selected Agency and changes to the terms of
payment as stated in the Terms of Payment Schedule. Directorate of Urban Local Bodies
(DULB) and Selected Agency recognize that occasional and reasonable change is an
inevitable part of delivering services and that a significant element of this change can be
accomplished by re-organizing processes and responsibilities without a material effect on
the cost. The Selected Agency will endeavour, wherever reasonably practical, to effect
change without an increase in the terms of payment as stated in the Terms of Payment
schedule. Directorate of Urban Local Bodies (DULB) or its nominated agencies will work
together to ensure that such changes are discussed and managed in a constructive
manner. However, in case such changes are of a nature that the Selected Agency has to
bear significant additional costs, then the Selected Agency shall be compensated for such
costs. This Change Control Schedule sets out the provisions which will apply to all the
changes to this Master Service Agreement (MSA).
38.1. Change Orders/Alteration/Variation
38.1.1. The Selected Agency agrees that the requirements/ / specifications and Service
requirements given in the Request for Proposal (RFP) documents are minimum
requirements and are in no way exhaustive and guaranteed by the Directorate of
Urban Local Bodies (DULB).
38.1.2. The Directorate of Urban Local Bodies (DULB) may at any time, by a written change
order given to the Selected Agency, make changes within the general scope of the
Contract.
38.1.3. The written advice to any change shall be issued by Directorate of Urban Local
Bodies (DULB) to the Selected Agency up to four (4) weeks prior to the due date of
commencement of services.
38.1.4. In case of increase in Specifications or Service requirements or in case of additional
requirement, the Selected Agency agrees to carry out / provision for such additional
requirement at the rate and terms and conditions as provided in this Agreement. In
case of decrease in Service requirements, the Selected Agency shall give a reduction
in price at the rate given in this Agreement corresponding to the said decrease.
38.1.5. In case applicable rates for the increase/decrease in question are not available in this
Agreement then the rates as may be mutually agreed shall apply. The Selected
Agency shall not be entitled to any claim by way of change of price, damages, losses,
etc.
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38.2. Conditions for Change Order
38.2.1. The change order will be initiated only in case
a. The Directorate of Urban Local Bodies (DULB) directs, in writing, the Selected
Agency to incorporate changes to the deliverables requirements already covered in
this Agreement.
b. The Directorate of Urban Local Bodies (DULB) directs, in writing, the Selected
Agency to include any addition to the scope of work or services covered under this
Agreement or delete any part thereof,
c. Selected Agency requests to delete any part of the work which will not adversely
affect the operational capabilities and functioning of the system and if the deletions
proposed are agreed to by the Directorate of Urban Local Bodies (DULB)and for
which cost and time benefits shall be passed on to the Directorate of Urban Local
Bodies (DULB).
38.2.2. Any change order comprising an alteration which involves change in the cost of the
services (which sort of alteration is hereinafter called a “Variation”) shall be the
Subject of an amendment to this Agreement by way of an increase or decrease in the
Contract Value and adjustment of the implementation schedule if any.
38.2.3. If there is a difference of opinion between the Selected Agency and Directorate of
Urban Local Bodies (DULB) Representative on whether a particular item, work or part
of the work constitutes a change order or not, the matter shall be handled in
accordance with the procedures set forth in the section 37.3.
38.3. Procedures for Change Order
38.3.1. Upon receiving any revised requirement/ advice, in writing, from the Directorate
of Urban Local Bodies (DULB), the Selected Agency would verbally discuss the
matter with Directorate of Urban Local Bodie’s (DULB) Representative.
38.3.2. In case such requirement arises from the side of the Selected Agency, he would
also verbally discuss the matter with Directorate of Urban Local Bodie’s (DULB)
Representative giving reasons thereof.
In either of the cases as explained in Clauses above, the representatives of both
the parties will discuss on the revised requirement for better understanding and
to mutually decide whether such requirement constitutes a change order or not.
Such representation will also be discussed and validated by Project Monitoring
Committee (PMC).
38.3.3. If it is mutually agreed that such Requirement constitutes a “Change Order”
then a joint memorandum will be prepared and signed by the Selected Agency
and Directorate of Urban Local Bodies (DULB) to confirm a “Change Order”
and basic ideas of necessary agreed arrangement.
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38.3.4. Selected Agency will study the revised requirement in accordance with the joint
memorandum and assess subsequent schedule and cost effect, if any.
38.3.5. Upon completion of the study referred to above, the results of this study along
with all relevant details including the estimated time and cost effect thereof with
supporting documents would be submitted to the Directorate of Urban Local
Bodies (DULB) to enable the Directorate of Urban Local Bodies (DULB) to give
a final decision. Such decision will be provided with due approval of the steering
committee whether Selected Agency should proceed with the change order or
not in the best interest of the works.
38.3.6. The estimated cost and time impact indicated by Selected Agency shall be
considered as a ceiling limit and shall be provisionally considered for taking a
decision to implement change order. The costs can be further negotiated by
Directorate of Urban Local Bodies (DULB).
38.3.7. A Change Control Note (CCN) would be required to be prepared.
38.3.8. The time impact applicable to the Contract shall be mutually agreed,
subsequently, on the basis of the detailed calculations supported with all
relevant back up documents.
38.3.9. In case Selected Agency fails to submit all necessary substantiation/
calculations and back up documents, the decision of the Directorate of Urban
Local Bodies (DULB) regarding time and cost impact shall be final and binding
on the Selected Agency.
38.3.10. If Directorate of Urban Local Bodies (DULB) accepts the implementation of the
change order in writing, which would be considered as change order, then
Selected Agency shall commence to proceed with the enforcement of the
change order pending final agreement between the parties with regard to
adjustment of the Contract Value and the schedule.
38.3.11. In case, mutual agreement, i.e. whether new requirement constitutes the
change order or not, is not reached, then Selected Agency in the interest of the
works, shall take up the enforcement of the change order, if advised in writing
to do so by Directorate of Urban Local Bodie’s (DULB) Representative pending
settlement between the two parties to the effect whether such requirement
constitutes a change order or not as per the terms and conditions of Contract
documents. The time and cost effects in such a case shall be mutually verified
and recorded. Should it establish that the said work constitutes a change order,
the same shall be compensated taking into account the records kept in
accordance with the Contract.
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38.3.12. The Selected Agency shall submit necessary back up documents for the
change order showing the break- up of the various elements constituting the
change order for the Directorate of Urban Local Bodie’s (DULB) review. If no
agreement is reached between the Directorate of Urban Local Bodie’s (DULB)
and Selected Agency within Sixty (60) days after Directorate of Urban Local
Bodie’s (DULB) instruction in writing to carry out the change concerning the
increase or decrease in the Contract Value and all other matters described
above, either party may refer the dispute to arbitration.
38.4. Change Control Note ("CCN")
38.4.1. Change requests in respect of the Master Service Agreement (MSA), the Project
Implementation, the operation, the Service Level Agreement (SLA), Scope of
work and Functional Requirement will emanate from the Parties' respective
Project Manager who will be responsible for obtaining approval for the change
and who will act as its sponsor throughout the Change Control Process and will
complete Change Control Note as attached in Volume 1 of Request for Proposal
(RFP). Change Control Notes will be presented to the other Party’s Project
Manager who will acknowledge receipt by signature of the Change Control Note.
38.4.2. The Selected Agency and the Directorate of Urban Local Bodies (DULB) or its
nominated agencies, during the entire Project Implementation Phase and the
Directorate of Urban Local Bodies (DULB)or its nominated agencies during the
Handholding Phase and while preparing the Change Control Note, shall consider
the change in the context of the following parameter, namely whether the change
is beyond the scope of Services including ancillary and concomitant services
required and as detailed in the Request for Proposal (RFP) and is suggested and
applicable in the Project Implementation Phase as set out in this Agreement.
38.4.3. It is hereby also clarified here that any change of control suggested beyond 25%
of the value of this Project will be beyond the scope of the change control process
and will be considered as the subject matter for a separate bid process and a
separate contract. It is hereby clarified that the 25% of the value of the Project as
stated in herein above is calculated on the basis of bid value submitted by the
Selected Agency and accepted by the Directorate of Urban Local Bodies (DULB)
or its nominated agencies or as decided and approved by Directorate of Urban
Local Bodies (DULB) or it Nominated Agencies. For arriving at the cost / rate for
change up to 25% of the project value, the payment terms specified in the
Request for Proposal Volume 1 shall apply.
38.5. Conditions for revised work / change order
The provisions of the Contract shall apply to revised work / change order as if the revised
work / Change order has been included in the original Scope of work. However, the
Contract Value shall increase / decrease, and the schedule shall be adjusted on account
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of the revised work / Change orders as may be mutually agreed in terms of provisions set
forth in Clause 37 of this section. The Selected Agency’s obligations with respect to such
revised work / change order shall remain in accordance with the Contract.
38.6. Proposed Categories of Change
The change categories will be as per the Volume II of the Request for Proposal (RFP)
38.7. Quotation
38.7.1. The Selected Agency shall provide as part of Change Control Note a minimum:
a. a description of the change
b. a list of deliverables required for implementing the change;
c. a time table for implementation;
d. an estimate of any proposed change
e. any relevant acceptance criteria
f. an assessment of the value of the proposed change;
g. material evidence to prove that the proposed change is not already
covered within this Agreement and the scope of work.
38.7.2. Prior to submission of the completed Change Control Note to Directorate of
Urban Local Bodies (DULB), or its nominated agencies, the Selected Agency will
undertake its own internal review of the proposal and obtain all necessary
internal approvals. As a part of this internal review process, the Selected Agency
shall consider the materiality of the proposed change in the context of the Master
Service Agreement (MSA) and the Project Implementation affected by the
change and the total effect that may arise from implementation of the change.
38.8. Obligations
The Selected Agency shall be obliged to implement any proposed changes once
approval in accordance with above provisions has been given, with effect from the date
agreed for implementation and within an agreed timeframe. Selected Agency will not be
obligated to work on a change until the parties agree in writing upon its scope, price
and/or schedule impact.
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39. Schedule – III: Audit, Access and Reporting
39.1. Purpose
This Schedule details the audit, access and reporting rights and obligations of the
Directorate of Urban Local Bodies (DULB) or its nominated agency and the Selected
Agency.
39.2. Audit Notice and Timing
39.2.1. As soon as reasonably practicable after the Effective Date of signing of this
Agreement, the Parties shall use their best endeavour’s to agree to a timetable for
routine audits during the entire Project Implementation Phase. Such timetable
during the Implementation Phase, Directorate of Urban Local Bodies (DULB) or its
nominated agency and thereafter during the Handholding Phase, Directorate of
Urban Local Bodies (DULB) or its nominated agency shall conduct routine audits
in accordance with such agreed timetable and shall not be required to give the
Selected Agency any further notice of carrying out such audits.
39.2.2. The Directorate of Urban Local Bodies (DULB) or its nominated agency may
conduct non-timetabled audits at his/ her own discretion if it reasonably believes
that such non-timetabled audits are necessary as a result of an act of fraud by the
Selected Agency, a security violation, or breach of confidentiality obligations by the
Selected Agency, provided that the requirement for such an audit is notified in
writing to the Selected Agency a reasonable period time prior to the audit (taking
into account the circumstances giving rise to the reasonable belief) stating in a
reasonable level of detail the reasons for the requirement and the alleged facts on
which the requirement is based. If the Selected Agency considers that the non-
timetabled audit was not appropriate, the matter shall be referred to the escalation
procedure as set out in the Governance Schedule.
39.2.3. The frequency of audits shall be a (maximum) half yearly, provided always that the
Directorate of Urban Local Bodies (DULB) or its nominated agency shall endeavour
to conduct such audits with the lowest levels of inconvenience and disturbance
practicable being caused to the Selected Agency. Any such audit shall be
conducted by with adequate notice of 2 weeks to the Selected Agency.
39.2.4. Directorate of Urban Local Bodies (DULB) will ensure that any 3rd party agencies
(except Comptroller and Auditor General ‘CAG’) appointed to conduct the audit will
not be the competitor of Selected Agency and will be bound by confidentiality
obligations.
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39.3. Access
The Selected Agency shall provide to the Directorate of Urban Local Bodies (DULB) or
its nominated agency reasonable access to employees, suppliers, agents and third party
facilities as detailed in the Request for Proposal (RFP), documents, records and systems
reasonably required for audit and shall provide all such persons with routine assistance
in connection with the audits and inspections. The Steering Committee/ Project
Management unit shall have the right to copy and retain copies of any relevant records.
The Selected Agency shall make every reasonable effort to co-operate with them.
39.4. Audit Rights
The Directorate of Urban Local Bodies (DULB) or its nominated agency shall have the
right to audit and inspect suppliers, agents and third party facilities (as detailed in the
Request for Proposal ‘RFP’), data centers, documents, records, procedures and
systems relating to the provision of the services, but only to the extent that they relate
to the provision of the services, as shall be reasonably necessary to verify:
39.4.1. The security, integrity and availability of all data processed, held or conveyed by
the Partner on behalf of Directorate of Urban Local Bodies (DULB) and
documentation related thereto;
39.4.2. That the actual level of performance of the services is the same as specified in the
Service Level Agreement (SLA).
39.4.3. That the Selected Agency has complied with the relevant technical standards, and
has adequate internal controls in place; and
39.4.4. The compliance of the Selected Agency with any other obligation under the Master
Service Agreement (MSA) and Service Level Agreement (SLA).
39.4.5. Task verification audit of the project shall be done once each year, the cost of which
shall be borne by the Selected Agency.
39.4.6. For the avoidance of doubt the audit rights under this Schedule shall not include
access to the Selected Agency's profit margins or overheads, any confidential
information relating to the Selected Agency’ employees, or minutes of its internal
Board or Board committee meetings including internal audit, or such other
information of commercial-in-confidence nature which are not relevant to the
Services associated with any obligation under the Master Service Agreement
(MSA).
39.5. Action and Review
39.5.1. Any change or amendment to the systems and procedures of the Selected Agency,
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where applicable arising from the audit report shall be agreed within thirty (30)
calendar days from the submission of the said report.
39.5.2. Any discrepancies identified by any audit pursuant to this Schedule shall be
immediately notified to the Directorate of Urban Local Bodies (DULB)or its
nominated agency and the Selected Agency Project Manager who shall determine
what action should be taken in respect of such discrepancies in accordance with
the terms of the Master Service Agreement (MSA).
39.5.3. REPORTING: The Selected Agency will provide quarterly reports to the PMU or
Steering Committee regarding any specific aspects of the Project and in context of
the audit and access information as required by the Directorate of Urban Local
Bodies (DULB) or its nominated agency.
39.6. Records and Information
For the purposes of audit in accordance with this Schedule, the Selected Agency shall
maintain true and accurate records in connection with the provision of the services and
the Selected Agency shall handover all the relevant records and documents upon the
termination or expiry of the Master Service Agreement (MSA).
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40. Schedule IV: Governance Schedule
40.1. Purpose
The purpose of this Schedule is to:
a) Establish and maintain the formal and informal processes for managing the
relationship between the Directorate of Urban Local Bodies (DULB) and the
Selected Agency (including the outputs from other Schedules to this Agreement;
b) define the principles that both Parties wish to follow to ensure the delivery of the
Services
c) Ensure the continued alignment of the interests of the Parties;
d) Ensure that the relationship is maintained at the correct level within each Party;
e) Create the flexibility to revise and maintain the relationship and this Agreement
during the Term;
f) Set out the procedure for escalating disagreements; amenable contract
administration and performance management.
40.2. Governance Structure
40.2.1. Steering Committee
A Steering Committee under the chairmanship of Hon’ble Chairman, Directorate
of Urban Local Bodies (DULB) will be formed and will govern the project till the
completion of accrual based double entry accounting system in the Urban Local
Bodies of Haryana and would consist of following members:
# Designation Position
1. Administrative Secretary, Directorate of Chairman
Urban Local Bodies (DULB)
2. Representative from Urban Development Member
Department (UDD)
3. Project Manager, Directorate of Urban Local Member
Bodies (DULB)
4. Financial Advisor, Directorate of Urban Local Member
Bodies (DULB) or nominated agency Member
5. Project Manager, Selected Agency
6. Project Consultant Member
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The Steering committee members will meet at least once a month or as
required based on the time and location agreed between them. These
meetings will cover as a minimum agenda:
1) Hold the kick-off meeting on the project with all stakeholders within
Seven (7) days of contract sign-off
2) Provide overall leadership, vision, and direction for the implementation
of the project
3) Overall planning, co-ordination, monitoring and progress review of the
project
4) Overall strategic control and take decision on regulatory matters and
provide guidance for successful execution of the project
5) Approval of the detailed project work plan (including Gannt chart
representation) initially, as well as approvals to any subsequent
changes necessary to be made in the plan. Post Steering Committee’s
approvals, the plan’s adherence monitoring will be the responsibility
of the Project Monitoring Committee (PMC).
6) Creating a supporting environment for the success of the project
7) Consideration of matters arising out of the change control note and
approval of the same
8) Resolution of disputes if any between Selected Agency and Project
Monitoring Committee (PMC)
9) Review of budgetary requirements and financial monitoring of the
allocated funds
40.2.2. Project Monitoring Committee (PMC)
I. The Parties shall, in addition to the purposes mentioned in the Clause 3, form a
committee to be called as the project Monitoring committee for the purpose of day
to day decision making and representation to complete the Project within fifteen
(15) days of contract signing
II. The above referred project Monitoring committee shall hold project review meetings
chaired by Director General of Directorate of Urban Local Bodies (DULB). The
Monitoring committee shall comprise of following members and would meet
formally on a fortnightly / monthly / quarterly, as required, basis at a time and
location to be agreed between them.
III. Roles & Responsibilities of Project Monitoring Committee shall be as follows:
a. Review & Validate Selected Agency milestone / deliverables report and
provide recommendation in consultation with Directorate of Urban Local
Bodies (DULB) /, with a copy to steering committee
b. Resolve and provide directions on the operational matters
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c. Monitor the project work schedule / plan as per the format provided in the
specified in the proposal to be submitted by Selected Agency on a regular
basis to ensure its implementation as agreed between Selected Agency
and Directorate of Urban Local Bodies (DULB). Ensure progress on
training and capacity building activities to Urban Local Bodie’s, and
concerned stakeholders as per the agreed scheduled
d. Conducting regular meetings with key project stake holders for issue
resolution
e. Coordination between different stake holders as per the guidance of
steering committee
f. Any other issues to be discussed pertaining to the project
g. To issue acceptance / Sign – off certificate to Selected Agency as per
their request during the Project period. The approval given by Project
Monitoring Committee (PMC) shall be treated as sign-off issued by the
Client for the respective milestone to Selected Agency during the Project
period
h. To approve the release of payment to Selected Agency during the Project
period
The Project Monitoring Committee (PMC) will comprise of the following
members
Composition
Director General, of Urban Local Bodies (DULB) Chairman
Project Director – Directorate of Urban Local Bodies Member Secretary
(DULB)
Chief officer of one municipal council from each Member
category (A, B, & C)
Commissioner / Dy. Commissioner of one Municipal Member
corporation
Representatives of Urban Development Dept. Member
Project Manager – Selected Agency Member
Project Manager, Project Management Unit (PMU) Member
Other invitees, as per approval of Chairman Member
i. The relationship under this Agreement will be managed by the
Project Managers appointed by each Party, who will provide the
interface between the executive management of the respective
Parties.
ii. Within Seven (7) days following the Effective Date, Directorate of
Urban Local Bodies (DULB) or its nominated agencies and the
Special Investigation Branch (SIB) shall each appoint a Project
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Manager. In the event that either Party wishes to substitute its
Project Manager it will do so in manner in which the original
appointment is made and notify the other Party of such
substitution as soon as reasonably practicable but at the latest
within Seven (7) days of the substitution.
iii. The Project Managers shall have responsibility for maintaining
the interface and communication between the Parties.
iv. In the event that there is any material factor which affects the
delivery of Services or the terms of payment as stated in the
Terms of Payment Schedule, the Parties agree to discuss with
the Project Monitoring Committee (PMC), any appropriate
amendment to this Agreement or any Service Level Agreements
(SLA) or Statement of Works (including any variation to the terms
of payment as stated in the Terms of Payment Schedule). Any
variation so agreed shall be implemented through the change
control procedure as set out in the Change Control Schedule and
should be put up to steering committee for approval.
40.3. Governance Procedures
I. The Selected Agency shall document the agreed structures in a procedure’s manual.
II. The agenda for each meeting of the Project Monitoring Committee (PMC) shall be set to
reflect the discussion items referred to above and extraordinary items may be added
either with the agreement of the Parties or at the request of either Party. Copies of the
agenda for meetings of the Project Monitoring Committee (PMC), along with relevant pre-
reading material, shall be distributed at least one week in advance of the relevant
meeting.
III. All meetings and proceedings will be documented such documents to be distributed to
the Parties and copies shall be kept as a record. All actions, responsibilities and
accountabilities arising out of any meeting shall be tracked and managed.
IV. The Parties shall ensure as far as reasonably practicable that the Project Monitoring
Committee (PMC) shall resolve the issues and resolve the objectives placed before them
and that members representing that Party are empowered to make relevant decisions or
have easy access to empowered individuals for decisions to be made to achieve this.
V. In order formally to submit a Disputed Matter to the aforesaid for a, one Party ("Claimant")
shall give a written notice ("Dispute Notice") to the other Party. The Dispute Notice shall
be accompanied by
VI. A statement by the Claimant describing the Disputed Matter in reasonable detail and
VII. Documentation, if any, supporting the Claimant's position on the Disputed Matter.
VIII. The other Party ("Respondent") shall have the right to respond to the Dispute Notice
within Seven (7) days after receipt of the Dispute Notice. In the event that the parties are
unable to resolve the Disputed Matter within a further period of Seven (7) days, it shall
refer the Disputed Matter to next level of the dispute resolution for action.
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IX. All negotiations, statements and / or documentation shall be without prejudice and
confidential (unless mutually agreed otherwise).
X. If the Disputed Matter is having a material effect on the operation of the Services (or any
of them or part of them) the Parties will use all their respective reasonable endeavours to
reduce the elapsed time in reaching a resolution of the Disputed Matter.
40.4. Escalation Procedure for Issue Resolution
I. If any issue arises between the parties hereto during the subsistence of this
Agreement of thereafter, in connection with the validity Interpretation
implementation or alleged breach of any provision of this Agreement or the SLA
shall in the first instance be dealt in the Project Monitoring Committee (PMC)
meetings. This would be the first level of escalation.
II. In the event that the Project Monitoring Committee (PMC) is unable to resolve the
issue within Fifteen (15) days of it being referred to it, then either Party may refer
the dispute for resolution to the Steering Committee. This would be the second
level of escalation.
III. However, if the issue/s still remains unsolved, they would be further escalated as
per the procedure listed in Dispute Resolution Clause of this agreement.
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41. Schedule – V: Service Level Agreement
41.1. Purpose of the Service Level Agreement (SLA)
I. The purpose of this Service Level Agreement (hereinafter referred to as SLA) is to
clearly define the Service Levels which shall be provided by the Selected Agency to
respective Urban Local Bodies for the duration of this contract. The benefits of this SLA
are to:
a) Make Directorate of Urban Local Bodies’ (DULB) and Urban Local
Bodies’ expectations from the Selected Agency explicit with respect to
performance and outcomes.
b) Help Directorate of Urban Local Bodies (DULB) and Urban Local
Bodies monitor the levels of performance of the Selected Agency
during the duration of the contract.
c) Trigger a process that applies to Directorate of Urban Local Bodies’
(DULB), Urban Local Bodies’ and Selected Agency’s attention to any
aspect of performance when that aspect drops below an agreed upon
threshold or target.
II. The Selected Agency, Directorate of Urban Local Bodies (DULB) and Urban Local
Bodies shall maintain monthly contact to monitor the performance of the services being
provided by the Selected Agency and effectiveness of this Service Level Agreement
(SLA).
III. During the contract period, under normal circumstances, any changes to the Service
Level Agreement (SLA) will be discouraged. However, under exceptional/ contingent
circumstances, on representation made by the Selected Agency, there may be changes
to the Service Level Agreement (SLA). The decision of Directorate of Urban Local
Bodies (DULB) and respective Urban Local Body in this regard shall be final and binding
on the Selected Agency.
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IV. This Service Level Agreement (SLA) document provides for minimum level of services
required as per contractual obligations based on performance indicators and
measurements thereof, which will be reviewed on monthly basis before releasing
payments to the Selected Agency.
V. The Selected Agency shall ensure provisioning of all required services while
monitoring the performance of the same to effectively comply with the performance
levels. The liquidated damages recoverable from the Selected Agency will be in
addition to the penalty on the Service Level Agreements (SLAs). It is expressly agreed
that in case some Service Level is not achieved by the Selected Agency and such
non-achievement is not solely attributable to the Selected Agency then no penalty
shall be imposed upon on Selected Agency.
VI. The Selected Agency and the respective Urban Local Body / Directorate of Urban
Local Bodies (DULB) may expressly or impliedly agree not to levy any penalty upon
Selected Agency for non-performance.
VII. The Service Level Agreement (SLA) shall be entered into concurrently with this
Agreement between Directorate of Urban Local Bodies (DULB) and Selected Agency.
41.2. Definitions
For purposes of this Service Level Agreement, the definitions and terms as specified
in the contract along with the following terms shall have the meanings set forth below:
1) "Availability" shall mean the time for which the services and facilities
offered by the Selected Agency are available for conducting operations
from the implemented solution.
2) "Technical Support" shall mean the support provided by the
Technical Support Team set up by the Selected Agency’s – including
but not limited to Fault reporting, Trouble Ticketing and related
enquiries during this contract.
3) “Incident” refers to any event / abnormalities in the functioning of the
solution / Services that may lead to disruption in normal operations.
4) Severity for Problem Requests/Defect Fixes: The severity of a
problem request or defects fixes would be based on the business
impact of the problem.
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41.3. Description of Services Provided
The required scope and boundaries of solution and services provided as part of this
Agreement are detailed in Volume II – Scope of Work of this Request for Proposal
(RFP) document
41.4. Breach Clause
I. This Service Level Agreement (SLA) document provides for minimum level of
system characteristics and services required as per contractual obligations based
on performance indicators and measurements thereof. The Selected Agency shall
ensure provisioning of all required services while monitoring the performance of
the same to effectively comply with performance levels.
II. Service Level Agreement (SLA) parameters shall be monitored on a
monthly/quarterly basis (or as specified below) as per the individual Service Level
Agreement (SLA) parameter requirements. In case the service levels cannot be
achieved at service levels defined in the tables below, it shall result in a breach of
contract and shall invoke penalty.
III. A Service Level breach will occur if the Selected Agency fails to meet Minimum
Service Levels on a monthly basis (or periodicity defined in this Request for
Proposal) for a particular Service Level.
IV. However, penalty will be imposed as specified below, Availability and performance
report provided to the respective Urban Local Body and Directorate of Urban Local
Bodies (DULB) shall contain the summary of all incidents reported and associated
performance measurement for that period. The maximum penalty shall be capped
at 10% of the total Project Value. If the penalty during these phases exceeds 10%
of the Total project value, then Directorate of Urban Local Bodies (DULB) reserves
the right to take appropriate action including termination of the contract and
forfeiting of Performance Bank Guarantee.
V. In case there are successive breaches of SLA’s for two milestones, Directorate of
Urban Local Bodies (DULB) can issue show cause notice to the Selected Agency
to explain their non-performance. Also Steering Committee meeting may be called
wherein Selected Agency needs to explain the action taken to prevent such
recurrences in future. This is without prejudice to other rights of Directorate of
Urban Local Bodies (DULB).
VI. The services provided by the Selected Agency shall be reviewed by Directorate of
Urban Local Bodies (DULB) in terms of, but not limited to, the following:
a) Check Performance of the Selected Agency against this Service
Level Agreement (SLA) every quarter and consider any key issues of
the past period’s performance statistics including major incidents
b) Discuss escalated problems, new issues and matters still outstanding
for resolution
c) Increase Service Level Agreement (SLA) penalties if Selected
Agency is found to be defaulting on certain parameters repeatedly
d) Review of statistics related to rectification of outstanding faults and
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agreed changes
e) Obtain suggestions for change to improve the services levels
f) Penalties shall be imposed on immediate next payment milestone
etc.
VII. In case desired, Directorate of Urban Local Bodies (DULB) may initiate an interim
review to check the performance and the obligation of the Selected Agency. The
Service Level Agreement (SLA) may be reviewed and revised in accordance to the
procedures detailed in Schedule II, Change Control Schedule.
VIII. For the purpose of recovery of penalty imposed, the penalty amount will be
adjusted against payment made to the Selected Agency by respective Urban Local
Bodies for the respective milestones. In case the penalty amount exceeds the
payment being made to Selected Agency by Urban Local Bodies for that
milestones, it may be adjusted against performance bank guarantee.
IX. Urban Local Bodies shall not make any payments for Production support requests/
tickets during the lifecycle of the project.
X. It is expressly agreed that in case some Service Level is not achieved by the
Selected Agency and such non-achievement is not solely attributable to the
Selected Agency then no penalty shall be imposed upon on Selected Agency.
XI. The Selected Agency, respective Urban Local Bodies and the Directorate of Urban
Local Bodies (DULB) may expressly or impliedly agree not to levy any penalty upon
Selected Agency for non-performance.
41.5. SLA Monitoring
I. SLA monitoring will be carried out by the respective Urban Local Bodies and
Directorate of Urban Local Bodies (DULB) based on Service Level Agreement
(SLA) compliance report and Service Level Agreement (SLA) monitoring tool.
Service Level Agreement (SLA) monitoring tool will be put in place by the
Selected Agency which will collate information as per defined Service Level
Agreement (SLA) parameters. Reports of Service Level Agreement (SLA)
compliance in the tool will be updated as per agreed updated frequency and
available for review by respective Urban Local Bodies and Directorate of Urban
Local Bodies (DULB) designated authority.
II. Every bill raised by the Selected Agency needs to be accompanied with a
compliance report against applicable Service Level Agreement (SLA) depending
on the phase and should also include self-declaration of compliance / non-
compliance by the Selected Agency. Bills need to include any other documents
required by respective Urban Local Bodies / Directorate of Urban Local Bodies
(DULB).
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Sr. Measurement Definition Service Penalty
No. Level
Target
A PROJECT INITIATION
A.1 Team Selected Agency is expected to Within Thirty No Penalty
Mobilization on mobilize its team at the initiation (30) Liquidated Damage (LD)
will be applicable as per
commencement of the project for enabling calendar the clause 22 of the RFP
Volume -III and
of work Commencement of work for this days from DULB/ULB, Haryana
reserves the Right to
project. the signing terminate the agreement.
For the purpose of this metric, date of
commencement of work would Agreement
mean reporting of resources of After Thirty
the Selected Agency at (30)
locations designated by calendar
Directorate of Urban Local days from
Bodies (DULB), Haryana for this the signing
project. date of
Agreement.
B IMPLEMENTATION OF ACCRUAL BASED DOUBLE ENTRY ACCOUNTING SYSTEM
(ABDEAS) IN THE URBAN LOCAL BODIES OF HARYANA
B.1 Adherence to Selected Agency shall submit 0 calendar No Penalty
submission of the following deliverables as days of
Project part of this stage of the project delay in
Deliverables as per the agreed project plan: submission
for each
Survey and listing out of individual
moveable and immovable deliverable
Assets, inventory,
liabilities, and carrying out > 0 calendar 1% of the payment
valuation of fixed assets & days to corresponding to
liabilities of Urban Local <=Thirty (30) applicable milestone
Bodies as per government calendar
notifications/Municipal days of
accounting code. delay in
submission
Preparation and Approval for each
of Opening Balance Sheet individual
of Urban Local Bodies as deliverable
on 01-04-2018 including
Income & Expenditure > Thirty (30) 5% of the payment
Account & other relevant calendar corresponding to
schedule as per Haryana days to <= applicable milestone
Municipal Accounts Sixty (60)
Code/National Municipal calendar
Accounts Manual. days of
delay in
Up to date Books of submission
accounts, entered all for each
transaction in selected individual
accounting software, deliverable
Preparation and Approval
of Balance Sheet of Urban
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Sr. Measurement Definition Service Penalty
No. Level
Target
A PROJECT INITIATION
Local Bodies as on 31-03- > Sixty (60) 10% of the payment
corresponding to
2019. Including Income & calendar applicable milestone
Expenditure Account & days to <= Liquidated Damage (LD)
will be applicable as per
other relevant schedule as Ninety (90) the clause 22 of the RFP
Volume -III and
per Haryana Municipal calendar DULB/ULB, Haryana
reserves the Right to
Account Code/National days of terminate the agreement.
Municipal Accounts delay in
Manual submission
Up to date Books of for each
accounts, entered all individual
transaction in selected deliverable
accounting software, >Ninety (90)
Preparation and Approval calendar
of Balance Sheet of Urban days of
Local Bodies as on 31-03- delay in
2020. Including Income submission
Expenditure, Account & for each
other relevant schedule as individual
per Haryana Municipal deliverable
Accounts Code/National
Municipal Accounts
Manual
Up to date Books of
accounts, entered all
transaction in selected
accounting software,
Preparation and Approval
of Balance Sheet of Urban
Local Bodies as on 31-03-
2021. Including Income
Expenditure, Account &
other relevant schedule as
per Haryana Municipal
Accounts Code/National
Municipal Accounts
Manual
Preparation of
Handholding Support
Financial Statements for
the Financial Year 2021-22
and 2022-23, Including
Income Expenditure
Account & other relevant
schedule as per Haryana
Municipal Accounts
Code/National Municipal
Accounts Manual & all
balance services as per
detailed scope mentioned
in the Request for
Proposal Volume -II
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Sr. Measurement Definition Service Penalty
No. Level
Target
A PROJECT INITIATION
C TRAINING AND HANDHOLDING SUPPORT TO ULBs WITH DAY TO DAY ACCOUNTING
ENTRIES FROM THE FY 2021 -22 TO TILL THE EXIT DATE OF CA FIRMS
C.1 Satisfaction The feedback shall be received Feedback No penalty
level of the by the officials of Directorate of ratings >= 7
training Urban Local Bodies (DULB), out of 10
sessions Haryana after each training Feedback 1% of the payment
conducted by session. Directorate of Urban ratings >= 6 corresponding for that
Selected Local Bodies (DULB), Haryana but < 7 out of quarter
Agency for staff may decide to use the Service 10
members & Level Agreement (SLA) in case Feedback 1% additionally for every
stakeholders insufficient training sessions are ratings < 6 week of delay of the
conducted by the Selected out of 10 payment corresponding to
Agency. applicable milestone
Measurement tool: Feedback Feedback Feedback rating of less
ratings received from Training ratings < 5 than 5 out of 10 by 25% of
participants, no. of participants, out of 10 the trainees of a batch
no. of Trainings delivered and Liquidated Damage (LD)
Training Material. will be applicable as per
the clause 22 of the RFP
Measurement Interval: Volume -III and
Quarterly DULB/ULB, Haryana
reserves the Right to
terminate the agreement.
41.6. Error Definitions:
In the above table error shall mean any one of the following:
I. Errors in capturing internal measurements such as carpet area and Plot area etc.
This shall be validated against the data captured by validation/audit agencies.
Differences in the measurements upto 10% can be ignored. But for more than 10%
it shall be considered as an error.
II. Data Captured for all mandatory fields shall be validated by the audit agencies for
all the fields other than those mentioned in (a).
III. Discrepancies between the data captured by survey agencies and audit agencies
shall be analysed and accordingly errors will be calculated.
IV. Maximum Penalty applicable to the bidder shall not exceed 10% of the Total Work
Order value till the completion of property survey. If the total Penalty exceeds
beyond 10%, it would be considered as non-conformance to the Quality of Services
and may lead to termination of the Contract and DULB may on their sole discretion
cancel the order and go afresh with the entire property survey exercise without
clearing any of the pending payment of the bidder and forfeiting the performance
bank guarantee submitted by the bidder after receiving the order.
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41.7. Issue Management Procedures
I. General
a) Issue Management process provides for an appropriate management
structure towards orderly consideration and resolution of business and
operational issues in the event of a quick consensus not reached between
respective Urban Local Body, Directorate of Urban Local Bodies (DULB) and
Selected Agency.
b) Implementing such a process at the commencement of services shall
significantly improve the probability of successful issue resolution. It is
expected that this pre- defined process will only be used on an exception basis
if issues are not resolved at operational levels.
II. Issue Management Procedures
a) Either respective Urban Local Body / Directorate of Urban Local Bodies (DULB)
or Selected Agency may raise an issue by documenting the business or technical
problem, which presents a reasonably objective summary of both points of view
and identifies specific points of disagreement with possible solutions.
b) Respective Urban Local Body, Directorate of Urban Local Bodies (DULB) and
the Selected Agency will determine which committee or executive level should
logically be involved in resolution.
c) A meeting or conference call will be conducted to resolve the issue in a timely
manner. The documented issues will be distributed to the participants at least 24
hours prior to the discussion if the issue is not an emergency requiring immediate
attention.
d) The respective Urban Local Body, Directorate of Urban Local Bodies (DULB) and
the Selected Agency shall develop an interim solution, if required, and
subsequently the permanent solution for the problem at hand. The Selected
Agency will then communicate the resolution to all interested parties.
e) In case the issue is still unresolved, the arbitration procedures described in the
Contract will be applicable.
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41.8. SLA Change Control
I. General
1. It is acknowledged that this Service Level Agreement (SLA) may change as
Directorate of Urban Local Bodie’s (DULB’s) business needs evolve over the
course of the contract period. This document also defines the following
management procedures:
a. A process for negotiating changes to the Service Level
Agreement (SLA) An issue management process for
documenting and resolving difficult issues.
b. Urban Local Bodies, Directorate of Urban Local Bodies
(DULB), Haryana and Selected Agency management
escalation process to be used in the event that an issue is
not being resolved in a timely manner by the lowest possible
level of management.
2. Any changes to the levels of service provided during the term of this
Agreement will be requested, documented and negotiated in good faith by
both parties. Either party can request a change. Changes will be documented
as an addendum to this Service Level Agreement (SLA) and subsequently
to the contract.
3. If there is any confusion or conflict between this document and the contract,
the Request for Proposal (RFP) and its addenda, the Contract will
supersede.
II. SLA Change Process
1. The parties may amend this Service Level Agreement (SLA) by mutual
agreement in accordance with terms of this contract.
2. Changes can be proposed by either party. The Selected Agency can initiate
an SLA review with the Directorate of Urban Local Bodies (DULB) / selected
Urban Local Bodies; if required. Normally, the forum for negotiating SLA
changes will be Directorate of Urban Local Bodies’ (DULB) monthly meetings.
Unresolved issues will be addressed using the issue management process in
this document.
3. The Selected Agency shall maintain and distribute current copies of the SLA
document as directed by Directorate of Urban Local Bodies (DULB). Additional
copies of the current SLA will be made available at all times to authorized
parties.
III. Version Control
All negotiated Service Level Agreement (SLA) changes will require changing the
version control number. As appropriate, minor changes may be accumulated for
periodic release (e.g. every quarter) or for release when a critical threshold of
change has occurred.
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41.9. Responsibilities of the Parties with respect to Service Level Agreement (SLA)
I. Selected Agency
1. Selected Agency is responsible for executing this contract and
delivering the services, while maintaining the specified performance
targets.
2. Additionally, the Selected Agency is responsible for:
a) Reporting problems to respective Urban Local Body and
Directorate of Urban Local Bodies (DULB) as soon as
possible
b) Assisting respective Urban Local Body and Directorate of
Urban Local Bodies (DULB) in management of the Service
Level Agreement (SLA)
c) Providing early warning of any organizational, functional or
technical changes that might affect Selected Agency’s ability
to deliver the services.
d) Assisting respective Urban Local Body and Directorate of
Urban Local Bodies (DULB) to address and resolve issues
from time to time.
3. Selected Agency shall take immediate action to identify problems
and follow up with appropriate action to fix them as quickly as
possible
II. Respective Urban Local Bodies and Directorate of Urban Local Bodies
(DULB), Haryana
Respective Urban Local Bodies and Directorate of Urban Local Bodies
(DULB), Haryana is responsible for:
1. Reporting defects and problems to the Selected Agency as soon as
possible
2. Assisting Selected Agency in management of the Service Level
Agreement (SLA)
3. Providing early warning of any organizational, functional/ technical
changes that might affect Selected Agency’s ability to deliver
services described in Service Level Agreement (SLA).
4. Assisting Selected Agency to address and resolve issues from time
to time
41.10. Penalties
1. The total deduction should not exceed 10% of the applicable fee.
2. Two consecutive deductions of more than 10% of the applicable fee on
account of any reasons will be deemed to be an event of default and
termination.
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41.11. Quality Standards
I. Standards: The Selected Agency under this agreement shall conform to the
accounting standards shall be maintained.
II. Standard of Performance: The Selected Agency shall carry out the services
and carry out its obligations under the agreement with due diligence, efficiency
and economy in accordance with generally accepted norms.
41.12. Corrupt Practices
I. Directorate of Urban Local Bodies is a public service department and
Urban Local Bodes are the third tire of Government operations. They
require service with honesty, diligence and timeliness. The Selected
Agency would be the assisting agency of the Directorate of Urban Local
Bodies /Urban Local Bodies; therefore, he is also required to maintain
highest standards of honesty and ethics.
II. The Selected Agency is advised to refrain from the corrupt and fraudulent
practices during the execution of the contract. Corrupt and fraudulent
practices are defined as follows: -
III. “Corrupt Practice” means behaviour of the Firm including his personnel by
which they improperly and unlawfully enrich themselves and/or those
close to them,
or
Induce others to do so, by misusing the position in which they are placed, and
it includes the Proposing, giving, receiving, or soliciting of anything of value.
IV. “Fraudulent Practice” means a misrepresentation of facts in order to
influence, and collusive practices of the Organization.
41.13. Management Escalation Procedures & Contact Map
The purpose of this escalation process is to provide a quick and orderly method of
notifying both parties that an issue is not being successfully resolved at the lowest
possible management level. Implementing this procedure would mean that
managements of respective Urban Local Bodies, Directorate of Urban Local Bodies
(DULB) and Selected Agency are communicating at appropriate levels.
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41.14. Escalation Procedure
Escalation should take place on an exception basis and only if successful issue
resolution cannot be achieved in a reasonable time frame.
a) Either Directorate of Urban Local Bodies (DULB), respective Urban Local Body
or Selected Agency can initiate the procedure
b) The “moving party” should promptly notify the other party that management
escalation will be initiated
c) Management escalation will be defined as shown in the contact map below
d) Escalation will be one level at a time and concurrently
41.15. Contact Map Escalation Level
Details of representatives and Level 1: Level 2: Level 3:
contact details Project Project Steering
Manager Director Committee
Municipal Corporation Hisar
Representative with contact
Details
Municipal Council Hansi
Representative with contact
Details
Municipal Council Fatehabad
Representative with contact
Details
Municipal Council Tohana
Representative with contact
Details
Municipal Council Sirsa
Representative with contact
Details
Municipal Council Mandi
Dabwali Representative with
contact Details
Municipal Council Jind
Representative with contact
Details
Municipal Council Narwana
Representative with contact
Details
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Escalation Level
Details of representatives and Level 1: Level 2: Level 3:
contact details Project Project Steering
Manager Director Committee
Municipal Committee Barwala
Representative with contact
Details
Municipal Committee Narnaud
Representative with contact
Details
Municipal Committee Uklana
Representative with contact
Details
Municipal Committee Bass
Representative with contact
Details
Municipal Committee Sisai
Representative with contact
Details
Municipal Committee Ratia
Representative with contact
Details
Municipal Committee Bhuna
Representative with contact
Details
Municipal Committee Jhakhal
Mandi
Representative with contact
Details
Municipal Committee Rania
Representative with contact
Details
Municipal Committee Kalanwali
Representative with contact
Details
Municipal Committee Ellenabad
Representative with contact
Details
Municipal Committee Safidon
Representative with contact
Details
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Escalation Level
Details of representatives and Level 1: Level 2: Level 3:
contact details Project Project Steering
Manager Director Committee
Municipal Committee Uchana
Representative with contact
Details
Municipal Committee Julana
Representative with contact
Details
Directorate of Urban Local
Bodies Representative with
contact Details
Selected Agency*
Representative with contact
Details
*Selected Agency shall provide information for the following:
a) Project Manager
b) Deputy Project Manager
c) Team Members
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41.16. Notes
1. Annual review or as required, Service Level Agreement (SLA) will be done
by Directorate of Urban Local Bodies (DULB) or by a Third Party Auditor
appointed by Directorate of Urban Local Bodies (DULB) and appropriate
modifications/amendments to the Service Level Agreements (SLAs) shall be
carried out.
2. Cascading effect (effect on multiple Service Level Agreement (SLA)
criterions) of failure or non-performance of a particular project component on
Service Level Agreements (SLAs) shall be avoided.
3. “Additional Day” shall mean Calendar Day.
4. The business hours are 9 AM to 6 PM (of same day) on any calendar day the
Directorate of Urban Local Bodies (DULB) / respective Urban Local Body is
operational. The Selected Agency however recognizes the fact that the offices
will require to work beyond the business hours and holidays on need basis
5. 24 * 7 shall mean round the clock on all days of the year.
6. Service Level Agreement (SLA) will be monitored on a quarterly basis as per
individual parameter requirements. However, if the performance of the
system/services is degraded significantly at any given point during the tenure
of the contract and if immediate measures are not implemented and issues are
not rectified to the satisfaction of Directorate of Urban Local Bodies (DULB) /
respective Urban Local Body, then Directorate of Urban Local Bodies (DULB)
(in consultation with respective Urban Local Body) has the rights to take
disciplinary action including termination of contract.
7. However, if any additional hardware, software etc. is required for maintaining
the Service Level Agreement’s (SLA) & uptimes, then the same will be the
responsibility of the Selected Agency.
8. Service Levels should be complied with irrespective of any change requests
implemented during the tenure of the Contract
9. Incident refers to any event/abnormalities in services that may lead to disruption
in delivery of services.
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42. Schedule – VI: Exit Management Schedule
42.1. Purpose
I. This Schedule sets out the provisions, which will apply on expiry or termination of
the Master Service Agreement (MSA), the Project Implementation,
Implementation and Handholding Support for the terms defined in Service Level
Agreement (SLA).
II. In the case of termination of the Project Implementation and/or Handholding
Support, the Parties shall agree at that time whether, and if so during what period,
the provisions of this Schedule shall apply.
III. The Parties shall ensure that their respective associated entities carry out their
respective obligations set out in this Exit Management Schedule.
42.2. Transfer of Assets
I. Directorate of Urban Local Bodies (DULB) shall be entitled to serve notice in writing
on the Selected Agency at any time during the exit management period as detailed
hereinabove requiring the Selected Agency to provide the Directorate of Urban Local
Bodies (DULB) with a complete and up to date list of the Assets within Thirty (30)
days of such notice. Directorate of Urban Local Bodies (DULB) shall then be entitled
to serve notice in writing on the Selected Agency at any time prior to the date, that is
Thirty (30) days prior to the end of the exit management period requiring the Selected
Agency to sell the Assets, if any, to be transferred to Directorate of Urban Local Bodies
(DULB) or its nominated agencies at book value as determined as of the date of such
notice in accordance with the provisions of relevant laws.
II. In case of contract being terminated by Directorate of Urban Local Bodies (DULB),
Directorate of Urban Local Bodies (DULB) reserves the right to ask Selected Agency
to continue running the project operations for a period of 6 months after termination
orders are issued.
III. Upon service of a notice under this Article the following provisions shall apply:
a) In the event, if the Assets to be transferred are mortgaged to any financial
institutions by the Selected Agency, the Selected Agency shall ensure that
all such liens and liabilities have been cleared beyond doubt, prior to such
transfer. All documents regarding the discharge of such lien and liabilities
shall be furnished to the Directorate of Urban Local Bodies (DULB).
b) All risk and title to the Assets to be transferred / to be purchased by the
Directorate of Urban Local Bodies (DULB) pursuant to this Article shall be
transferred to Directorate of Urban Local Bodies (DULB), on the last day of
the exit management period.
c) Directorate of Urban Local Bodies (DULB) shall pay to the Selected Agency
on the last day of the exit management period such sum representing the
Net Block (procurement price less depreciation as per provisions of
Companies Act) of the Assets to be transferred as stated in the Terms of
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Payment Schedule.
IV. Payment to the outgoing Selected Agency shall be made to the tune of last set of
completed services /deliverables, subject to Service Level Agreement (SLA)
requirements.
V. The outgoing Selected Agency will pass on to Directorate of Urban Local Bodies
(DULB) and/ or to the Replacement Selected Agency, the subsisting rights in any
leased properties/ licensed products on terms not less favourable to Directorate of
Urban Local Bodies (DULB)/ Replacement Selected Agency, than that enjoyed by the
outgoing Selected Agency.
42.3. Cooperation and Provision of Information
During Exit Management period:
I. The Selected Agency will allow the Directorate of Urban Local Bodies (DULB) or its
nominated agency access to information reasonably required to define the then
current mode of operation associated with the provision of the services to enable the
Directorate of Urban Local Bodies (DULB) to assess the existing services being
delivered;
II. Promptly on reasonable request by the Directorate of Urban Local Bodies (DULB),
the Selected Agency shall provide access to and copies of all information held or
controlled by them which they have prepared or maintained in accordance with this
agreement relating to any material aspect of the services (provided by the Selected
Agency). Directorate of Urban Local Bodies (DULB) shall be entitled to copy of all
such information. Such information shall include details pertaining to the services
rendered and other performance data.
III. Selected Agency shall permit the Directorate of Urban Local Bodies (DULB) or its
nominated agencies to have reasonable access to its employees and facilities as
reasonably required by the Chairman or DULB project management Unit to
understand the methods of delivery of the services employed by the Selected Agency
and to assist appropriate knowledge transfer.
42.4. Confidential Information, Security and Data
Selected Agency will promptly on the commencement of the exit management
period supply to the Directorate of Urban Local Bodies (DULB) or its nominated
agency the following:
I. Information relating to the current services rendered and customer and performance
data relating to the performance of Selected Agency in relation to the services;
II. All current and updated data as is reasonably required for purposes of Directorate of
Urban Local Bodies (DULB) or its nominated agencies transitioning the services to its
Replacement Selected Agency.
III. All required data and information in a readily available format nominated by the
Directorate of Urban Local Bodies (DULB) or its nominated agency
IV. All other information (including but not limited to documents, records and agreements)
V. Related to the services reasonably necessary to enable Directorate of Urban Local
Bodies (DULB) or its nominated agencies, or its Replacement Selected Agency to
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carry out due diligence in order to transition the provision of the Services to Directorate
of Urban Local Bodies (DULB) or its nominated agencies, or its Replacement
Selected Agency (as the case may be).
VI. Before the expiry of the exit management period, the Selected Agency shall deliver to
the Directorate of Urban Local Bodies (DULB) or its nominated agency all new or up-
dated materials as required by DULB and mentioned in the schedule and shall not
retain any copies thereof, except that the Selected Agency shall be permitted to retain
one copy of such materials for archival purposes only.
VII. Before the expiry of the exit management period, unless otherwise provided under
the Master Service Agreement (MSA), the Directorate of Urban Local Bodies (DULB)
or its nominated agency shall deliver to the Selected Agency all forms of Selected
Agency confidential information, which is in the possession or control of Directorate
of Urban Local Bodies (DULB), or its users.
42.5. Employees
I. Promptly on reasonable request at any time during the exit management period,
the Selected Agency shall, subject to applicable laws, restraints and regulations
(including in particular those relating to privacy) provide to the Directorate of
Urban Local Bodies (DULB) or its nominated agency a list of all employees (with
job titles) of the Selected Agency dedicated to providing the services at the
commencement of the exit management period.
II. Where any national, regional law or regulation relating to the mandatory or
automatic transfer of the contracts of employment from the Selected Agency to
the Directorate of Urban Local Bodies (DULB) or its nominated agency, or a
Replacement Selected Agency ("Transfer Regulation") applies to any or all of
the employees of the Selected Agency, then the Parties shall comply with their
respective obligations under such Transfer Regulations.
42.6. Transfer of Certain Agreements
On request by the Directorate of Urban Local Bodies (DULB) or its nominated
agency, the Selected Agency shall effect such assignments, transfers, licenses and
sub-licenses as Directorate of Urban Local Bodies (DULB) may require in relation to
any equipment lease, maintenance or service provision agreement between Special
Investigation Branch (SIB) and third party lessors, vendors, and which are related to
the services and reasonably necessary for the carrying out of replacement services
by the Directorate of Urban Local Bodies (DULB) or its nominated agency or its
Replacement Selected Agency.
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42.7. Rights of Access to Premises
I. At any time during the exit management period, where Assets are located at the
Selected Agency's premises, the Selected Agency will be obliged to give
reasonable rights of access to (or, in the case of Assets located on a third party's
premises, procure reasonable rights of access to) the Directorate of Urban Local
Bodies (DULB) or its nominated agency and/or any Replacement Selected
Agency in order to make an inventory of the Assets.
II. The Selected Agency shall also give the Directorate of Urban Local Bodies
(DULB) or its nominated agency or its nominated agencies, or any Replacement
Selected Agency right of reasonable access to the Selected Agency's premises
and shall procure the Directorate of Urban Local Bodies (DULB) or its nominated
agency or its nominated agencies and any Replacement Selected Agency rights
of access to relevant third party premises during the exit management period
and for such period of time following termination or expiry of the Master Service
Agreement (MSA) as is reasonably necessary to migrate the services to the
Directorate of Urban Local Bodies (DULB) or its nominated agency, or a
Replacement Selected Agency.
42.8. General Obligations of the Implementation Agency/Selected Agency/ Selected
Agency
I. The Selected Agency shall provide all such information as may reasonably be
necessary to effect as seamless a handover as practicable in the circumstances
to the Nodal Agency or its nominated agency or its Replacement Selected
Agency and which the Selected Agency has in its possession or control at any
time during the exit management period.
II. For the purposes of this Schedule, anything in the possession or control of any
Selected Agency or associated entity is deemed to be in the possession or
control of the Selected Agency.
III. The Selected Agency shall commit adequate resources to comply with its
obligations under this Exit Management Schedule.
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42.9. Exit Management Plan
I. The Selected Agency shall provide the Directorate of Urban Local Bodies
(DULB) or its nominated agency with a recommended exit management plan
("Exit Management Plan") which shall deal with at least the following aspects of
exit management in relation to the Master Service Agreement (MSA) as a whole
and in relation to the Project Implementation, and the Implementation and
Operations & Maintenance SLA.
a) A detailed program of the transfer process that could be used in
conjunction with a Replacement Selected Agency including details of
the means to be used to ensure continuing provision of the services
throughout the transfer process or until the cessation of the services
and of the management structure to be used during the transfer.
b) Plans for the communication with such of the Selected Agency's staff,
suppliers, customers and any related third party as are necessary to
avoid any material detrimental impact on the Directorate of Urban
Local Bodie’s (DULB) operations as a result of undertaking the
transfer;
c) (if applicable) proposed arrangements for the segregation of the
Selected Agency's networks from the networks employed by
Directorate of Urban Local Bodies (DULB) and identification of
specific security tasks necessary at termination;
d) Plans for provision of contingent support to Directorate of Urban Local
Bodies (DULB) and Replacement Selected Agency for a reasonable
period after transfer.
II. The Selected Agency shall re-draft the Exit Management Plan annually
thereafter to ensure that it is kept relevant and up to date.
III. Each Exit Management Plan shall be presented by the Selected Agency and
shall be approved by the Directorate of Urban Local Bodies (DULB) or its
nominated agencies.
IV. The terms of payment as stated in the Terms of Payment mentioned in the
volume 1 of this Request for Proposal (RFP) include the costs of the Selected
Agency complying with its obligations under this Schedule.
V. In the event of termination or expiry of Master Service Agreement (MSA), and
Project Implementation, each Party shall comply with the Exit Management Plan.
VI. During the exit management period, the Selected Agency shall use its best
efforts to deliver the services.
VII. Payments during the Exit Management period shall be made in accordance with
the Terms of Payment Schedule.
VIII. This Exit Management plan shall be furnished in writing to the Directorate of
Urban Local Bodies (DULB) or its nominated agencies within Ninety (90) days
from the Effective Date of this Agreement.
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43. Schedule – VII: Sign-Off Format
After successful Implementation of Accrual based double entry accounting system in
the urban local bodies of Haryana by the Selected Agency, following format in triplicate
(Each for Directorate of Urban Local Bodies, Selected Agency and Office record of
Urban Local Bodies) needs to be filled by the Concerned Urban Local Bodies in order
to provide the validation of the successfully implementation in the sign-off form for
release of payment to Selected Agency.
Sr. Particulars Details
No.
1 Approved Financial Statements available on
Urban Local Body/ Directorate of Urban Local
Bodies on their portal for the period specified in
the Request for Proposal (RFP)
2 Fixed Assets and Inventory Register are updated
for the period specified in the Request for
Proposal (RFP)
3 Training and Handholding support to Urban Local
Bodies Staff for the period specified in the
Request for Proposal (RFP)
4 Balance Services as per scope of work
mentioned in Request for Proposal
5 Comments/Recommendations
Authorised Officer
Municipal Corporation / Council / Committee____
Memo no. Dated:
Sign Off certificate is forwarded in original to Director General, Urban Local Bodies,
Haryana, Panchkula for further necessary action.
Commissioner/Executive Officer/Secretary
Municipal Corporation / Council / Committee
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