Вы находитесь на странице: 1из 145

eBID NOTICE

FOR
HIRING OF AGENCY FOR RESEARCH, EVALUATION AND DOCUMENTATION
OF NHM PROGRAMMES

Online eBids are invited for HIRING OF AGENCY FOR RESEARCH, EVALUATION
AND DOCUMENTATION OF NHM PROGRAMMES from 9:00 Hours of 8th July
2017 up to 14:00 Hours of 28th July 2017. The eBids shall be opened on National
Health Mission, Vishal Complex, 19-A. Vidhan Sabha Marg,Lucknow, UP on 28th
July 2017 at 16:00 Hours. The details of submission of eBids are available in the
RFP document uploaded on the eTender Portal http://etender.up.nic.in and 'National
Health Mission Uttar Pradesh' website www.upnrhm.gov.in. The Mission Director,
National Health Mission, Uttar Pradesh reserves the right to cancel any or all the
eBids or annul the Bidding process without assigning any reason thereof.

Mission Director,

National Health Mission, Uttar Pradesh


Vishal Complex, 19-A. Vidhan Sabha
Marg
Lucknow (Uttar Pradesh) India - 226001
Phone: 0522 2237496, 2237522
d

REQUEST FOR QUALIFICATION (RFQ) CUM REQUEST FOR PROPOSAL


(RFP) BID DOCUMENT

HIRING OF AGENCY FOR RESEARCH, EVALUATION AND


DOCUMENTATION OF NHM PROGRAMMES

PART I INSTRUCTION TO BIDDERS

Bid Reference: 8607-B

National Health Mission, Uttar Pradesh


Mission Director, NHM-UP
Vishal Complex, 19-A. Vidhan Sabha Marg
Lucknow (Uttar Pradesh) India - 226001
Phone: 0522 2237496, 2237522
Fax: 0522 2237574, 2237390
Website: http://upnrhm.gov.in
Email: gmiecnrhm@gmail.com

8th July 2017


RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

This page has been intentionally left blank.

Page 2 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Glossary

# Item Abbreviation Description or Definitions / Interpretations


1. ANC Ante Natal Care
2. Arbitrator Dispute resolving Authority Arbitrator Tribunal shall consist of
Three Arbitrators.
3. ASHA Accredited Social Health Activist
4. AWW Anganwadi Worker
5. BCC Behaviour Change Communication
6. Bidder A Sole Bidder or Principal Bidder in case of a Consortium.
7. DD Demand Draft
8. EMD Earnest Money Deposit or e-Bid Security,
9. EMTS Emergency Medical Transport Services
10. eVIN electronic Vaccine Intelligence Network
11. FD Fixed Deposit
12. FLW Frontline Workers
13. HBNC Home Based Newborn Care
14. HH Household
15. IEC Information Education Communication
16. JSSK Janani-Shishu Suraksha Karyakram
17. MDR Maternal Death Review
18. NCD Non Communicable Diseases
19. NHM, UP National Health Mission, Uttar Pradesh
20. NIPI National Iron plus Initiative
21. Nodal Authority Mission Director, NHM, UP
22. NQA Certification National Quality Assurance Certification
23. NRC Nutritional Rehabilitation Centres
24. POA Power of Attorney
25. PPIUCD Postpartum Intrauterine Contraceptive Device
26. PRC Population Research Centers
27. PSU Primary Sample Unit
28. RBSK Rashtriya Bal Swasthya Karyakram
29. RI Routine Immunization
30. RMNCH+A Reproductive, Maternal, Newborn, Child and Adolescent Health
31. RFP Request for Proposal
32. RFQ Request for Qualification
33. RSK Rogi Kalyan Samiti
34. SAM Severe Acute Malnutrition
35. SNCU Sick Newborn Care Unit
36. UPHSSP Uttar Pradesh Health System Strengthening Project
37. VHND Village Health Nutrition Day
38. VHNSC Village Health Sanitation & Nutrition Committee
39. WIFS Weekly Iron Folic Acid Supplementation
40. e-Bid E-Bid shall comprise of all required documents for Technical Proposal
and Financial Proposal uploaded by the Bidder on the eBid portal. The
term Bid wherever present in this document shall be read as E-Bid

Page 3 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Page 4 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

This page has been intentionally left blank.

Page 5 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Table of Contents

Table of Contents ......................................................................................................................... 6


1 RFP FOR HIRING OF AGENCY FOR RESEARCH, EVALUATION AND DOCUMENTATION OF NHM
PROGRAMMES ............................................................................................................................ 8
1.1 Disclaimer................................................................................................................................ 8
1.2 Notice Inviting Bid and Bid Data Sheet ................................................................................. 10
1.3 Structure of the RFP .............................................................................................................. 11
1.4 Background Information ....................................................................................................... 11
1.5 Instructions to the Bidders.................................................................................................... 12
1.6 Criteria for Evaluation ........................................................................................................... 21
1.7 Appointment of the Successful Bidder as Selected Agency.................................................. 29
1.8 Scope of Work ....................................................................................................................... 31
1.9 Payment Terms ..................................................................................................................... 42
1.10 Other Terms and Conditions of the RFP and Contract ......................................................... 43
1.11 Conflict of Interest ................................................................................................................ 46
1.12 Damages for Mishap/Injury .................................................................................................. 47
1.13 Termination of Contract........................................................................................................ 47
1.14 Arbitration ............................................................................................................................. 48
Appendix A: Forwarding Letter ......................................................................................................... 50
Appendix B: Bidders Information..................................................................................................... 51
Appendix C: Experience Certificate................................................................................................... 53
Appendix D: Details of Bidders Project Execution Plan ................................................................... 54
Appendix E: Declaration by the Bidder ............................................................................................. 56
Appendix F: Litigation Declaration Proforma.................................................................................... 57
Appendix G: Financial Bid ................................................................................................................. 58
Appendix H: Proforma for Bank Guarantee for EMD & Performance Security ................................ 60
Format for Bank Guarantee for Earnest Money Deposit (EMD)....................................................... 60
Format for Bank Guarantee for Performance Security ..................................................................... 61
Appendix I: Format for CA Certified Turnover Statement ................................................................ 64
Appendix J: Format for Power of Attorney for Signing of Proposal.................................................. 65
Appendix K: List of Schemes/Programs for Deliverables 01, 02 & 03 .............................................. 67
Appendix L: Zone-wise District details .............................................................................................. 72

Page 6 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

This page has been intentionally left blank.

Page 7 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1 RFP FOR HIRING OF AGENCY FOR RESEARCH, EVALUATION AND


DOCUMENTATION OF NHM PROGRAMMES

1.1 Disclaimer
The information contained in this Request for Qualification cum Request for Proposal document
(hereafter referred as the RFP) or subsequently provided to Bidder(s), whether verbally or in
documentary or any other form by or on behalf of the Nodal Authority or any of its employees or
advisors, is provided to Bidder(s) on the terms and conditions set out in this RFP and such other terms
and conditions subject to which such information is provided.

This RFP is not an agreement and is neither an offer nor invitation by the Nodal Authority to the
prospective Bidder(s) or any other person. The purpose of this RFP is to provide interested parties with
information that may be useful to them in submitting Bids pursuant to this RFP. This RFP includes
statements, which reflect various assumptions and assessments arrived at by the Nodal Authority in
relation to the Projects. 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 Nodal Authority, its employees or advisors to consider the investment
objectives, financial situation and particular needs of each party who reads or uses this RFP. The
assumptions, assessments, statements and information contained in the Bidding Documents may not
be complete, accurate, adequate or correct. Each Bidder should, therefore, conduct its own
investigations and analysis and should check the accuracy, adequacy, correctness, reliability and
completeness of the assumptions, assessments, statements and information contained in this RFP and
obtain independent advice from appropriate sources.

Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of which may
depend upon interpretation of law. The information given is not intended to be an exhaustive account
of statutory requirements and should not be regarded as a complete or authoritative statement of
law. The Nodal Authority accepts no responsibility for the accuracy or otherwise for any interpretation
or opinion on law expressed herein.

The Nodal Authority, its employees and advisors make no representation or warranty 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, completeness or reliability 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 for participation in this Bid Stage.

The Nodal Authority also accepts no liability of any nature whether resulting from negligence or
otherwise howsoever caused arising from reliance of any Bidder upon the statements contained in
this RFP.

The Nodal Authority may in its absolute discretion, but without being under any obligation to do so,
update, amend or supplement the information, assessment or assumptions contained in this RFP.

Page 8 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

The issue of this RFP does not imply that the Nodal Authority is bound to select a Bidder or to appoint
the Selected Bidder for the Projects and the Nodal Authority reserves the right to reject all or any of
the Bidders or Bids without assigning any reason whatsoever.

The Bidder shall bear all its costs associated with or relating to the preparation and submission of its
Bid including but not limited to preparation, copying, postage, delivery fees, expenses associated with
any demonstrations or presentations which may be required by the Nodal Authority or any other costs
incurred in connection with or relating to its Bid. All such costs and expenses will remain with the
Bidder and the Nodal Authority 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 or submission of the Bid, regardless
of the conduct or outcome of the Bidding Process.

The statements and explanations contained in this RFP are intended to provide a better understanding
to the Bidders about the subject matter of this RFP and should not be construed or interpreted as
limiting in any way or manner the scope of work and obligations of the Agency set forth in the Service
Agreement or the Nodal Authoritys rights to amend, alter, change, supplement or clarify the scope of
work or the Project, to be awarded pursuant to this RFP. Consequently, any omissions, conflicts or
contradictions in the Bidding Documents including this RFP are to be noted, interpreted and applied
appropriately to give effect to this intent, and no claims on that account shall be entertained by the
Nodal Authority.

Page 9 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.2 Notice Inviting Bid and Bid Data Sheet

Mission Director, National Health Mission, Uttar Pradesh hereinafter known as the Nodal Authority,
invites Bids from eligible Agencies for Research, Evaluation (assessment of Schemes/Programs) and
Documentation of NHM Programmes.

The Bidders are being provided with this Bid Data Sheet (BDS) comprising of important, factual data
on the Bid.
COMPETITIVE e-Bidding
FOR
HIRING OF AGENCY FOR RESEARCH, EVALUATION AND DOCUMENTATION OF NHM
PROGRAMMES

S. No. Description Schedule


1. E-Bid REFERENCE 8607-B
2. eTender Processing fee A Non-refundable fee of Rs. 10,000/-
(Rupees Ten Thousand Only)
3. PUBLISH DATE AND TIME FOR RFP 8 July 2017 at 9 AM
4. LAST DATE AND TIME FOR 28th July 2017 up to 2:00 P.M.
SUBMISSION OF E-Bids

5. DATE AND TIME OF OPENING 28th July 2017 at 4:00 P.M.


OF ON LINE TECHNICAL E-Bid
6. PLACE OF OPENING OF E-Bids National Health Mission, Vishal Complex, 19-
A, Vidhan Sabha Marg, Lucknow,UP,
Lucknow (Uttar Pradesh) India - 226001
Phone: 0522 2237496, 2237522

7. ADDRESS FOR COMMUNICATION Office of Mission Director, IEC Division, NHM


Vishal Complex, 19-A. Vidhan Sabha Marg,
Lucknow,Uttar Pradesh
8. EMD/E-Bid SECURITY Rs. 1,50,000 (Rupees One Lakh Fifty
Thousand Only), Scan copy of FDR/BG shall
be uploaded on the portal and submit the
original before the date and time of
technical bid opening
9. Bid Parameter The Bidder who quotes Lowest Total Price
(Cost of Assessment, Documentation/Photo
Documentation and Video Documentation
along with all the applicable taxes, but
exclusive of applicable Service Tax) among
those Bidders that are technically responsive
to this RFP
10. Performance Security Rs. 15,00,000 (Rupees Fifteen Lakhs Only)

Page 10 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

It will be the responsibility of the e-Bidders to check U.P. Government


e-Procurement website http://etender.up.nic.in for any amendment through
corrigendum in the e-tender document. In case of any amendment, e-Bidders will have
to incorporate the amendments in their e-Bids accordingly.

1.3 Structure of the RFP

This Request for Proposal (RFP) document comprises of the following:

1.3.1 Instructions on the Bid Process.


The Instructions on the Bid Process for the purpose of responding to this RFP are,
a) General instructions to Bidders for bidding process (Section 1.5)
b) Bid Evaluation Process including the parameters for Bid Qualification, Technical
responsiveness evaluation and financial evaluation to facilitate Nodal Authority
in determining bidders suitability as the Selected Agency (Section 1.6)
c) Agency Appointment Process (Section 1.7)
d) Payment Terms (Section 1.9)
e) Bid submission document formats (Appendix A, B, C, D, E, F, G, H, I & J)

1.3.2 Delivery Requirements of the project.


The contents of the document broadly cover the following areas,
a) About the project and its objectives (Section 1.4)
b) Scope of work for the Agency (Section 1.8)
c) Service requirements for the Agency (Section 1.8)

Note: A Draft Contract Agreement has been provided separately in Part II Draft Contract Agreement.

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 Bid not substantially responsive to the RFP documents in every aspect
will be at the Bidder's risk and may result in rejection of the Bid.

1.4 Background Information

1.4.1 Basic Information

1.4.1.1 Nodal Authority, Mission Director, National Health Mission, Uttar Pradesh invites
responses (Bids) to this Request for Qualification cum Request for Proposals (RFP) from
Agencies (Bidders) providing their expertise:
To deliver three deliverables which will require Research, Evaluation (assessment of
Schemes/Programs), Report Documentation, Documentation/Photo Documentation
and Video Documentation of NHM, UP initiatives on RMNCH+A and National
Programs

Page 11 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Details are also further described under Section 1.8 of this RFP document.

1.4.1.2 Any contract that may result from this Bid Process will be issued for a period of 1 (One) year
(the Term).

1.4.1.3 Bids must be received not later than time, date and at the venue mentioned in the Bid Data
Sheet. Bids that are received late WILL NOT be considered in this Bidding Process.

1.4.2 Project Background


NHM, UP implemented several new initiatives, schemes and campaigns on RMNCH+A and National
Programmes. The RMNCH+A strategic approach has been developed to provide an understanding of
continuum of care to ensure equal focus on various life stages. NHM, UP utilized funds for
implementation of various programmes and campaigning during the last 3 years. Hence, in year 2016-
17 NHM, UP proposed the hiring of an External Agency to do Research & Evaluation (assessment of
Schemes/Programs), Documentation/Photo Documentation and Video Documentation of identified
Best Practices/Schemes/Programs of NHM, UP under RMNCH+A initiatives and National Programs.

1.5 Instructions to the Bidders

1.5.1 Cost of e-Bid


a) The bidder shall bear all costs associated with the preparation and submission of
its e-Bid and U.P. Electronics Corporation Ltd, Lucknow hereinafter referred to as
the Purchaser, will in no case be responsible or liable for these costs,
regardless of the conduct or outcome of the e-Bid process.

b) This tender document is available on the web site http://etender.up.nic.in


and NHMs website www.upnrhm.gov.in to enable the bidders to view, download the
e-Bid document and submits e-Bids online up to the last date and time mentioned in
e-Tender notice/e-tender document against this e-Tender.

1.5.2 General Instructions

1.5.2.1 The Bidder shall prepare and upload its offer as per instructions given under this Section 1.5.

1.5.2.2 The Bids shall be complete with all documents. Those submitted by fax, hard copy or by
email with attachments shall not be considered.

1.5.2.3 The bids which are for only a portion of the components of the job /service shall not be
accepted (the bids should be for all components of the job /service).

1.5.2.4 The Price quoted shall be firm and shall only be mentioned in online in the BoQ.

Page 12 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.5.2.5 The Bids (comprising of Technical and Financial) shall be submitted (with a Forwarding Letter
as per Appendix A) before the last date of submission. Late bids shall not be considered.

1.5.2.6 All information supplied by Bidders may be treated as contractually binding on the Bidders,
on successful award of the assignment by the Nodal Authority on the basis of this RFP.

1.5.2.7 No commitment of any kind, contractual or otherwise shall exist unless and until a formal
written contract has been executed by or on behalf of the Nodal Authority. Any notification
of preferred bidder status by the Nodal Authority shall not give rise to any enforceable rights
by the Bidder. The Nodal Authority may cancel this public hiring process at any time prior to
a formal written contract being executed by or on behalf of the Nodal Authority.

1.5.2.8 This RFP and its contents supersedes and replaces any previous public documentation &
communications on this RFP and its process, and Bidders should place no reliance on such
communications.

1.5.2.9 Right to Terminate the Process

1.5.2.9.1 Nodal Authority may terminate the RFP process at any time and without assigning any
reason. Nodal Authority makes no commitments, express or implied, that this process will
result in a business transaction with anyone.

1.5.2.9.2 This RFP does not constitute an offer by Nodal Authority. The bidder's participation in this
process may result Nodal Authority selecting the bidder to engage towards execution of
the contract.

1.5.3 Compliant Bids / Completeness of Response

1.5.3.1 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.

1.5.3.2 Failure to comply with the requirements of this paragraph may render the Bid Non-
compliant and the Bid may be rejected. Bidders must:

1.5.3.2.1 Follow the format of this RFP and respond to each element in the order and form as set
out in this RFP

1.5.3.2.2 Comply with all requirements as set out within this RFP.

1.5.4 Pre-Bid Meeting and Clarifications

Page 13 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.5.4.1 The first version of RFP was published on 30th December 2016 by Nodal Authority.

1.5.4.2 Nodal Authority conducted a pre-bid meeting with the prospective bidders on 10th January
2017 at 12:00 hours, at Vishal Complex, 19-A. Vidhan Sabha Marg, Lucknow, UP. No further
pre-bid meetings will be conducted for this RFP.

1.5.4.3 Responses to Pre-Bid Queries and Issue of Revised RFP

1.5.4.3.1 The revised RFP incorporates suitable amendments based on the queries received from
the bidders.

1.5.4.3.2 The revised RFP is posted on website http://upnrhm.gov.in. and on e-tender portal
http://e-tender.up.nc.in

1.5.4.3.3 The bidders are advised to refer this Revised RFP for preparation and submission of their
bids.

1.5.4.3.4 In order to provide prospective Bidders reasonable time for taking the Revised RFP into
account, Nodal Authority has revised the last date for the receipt of the Bids (as indicated
in BDS Table)

1.5.5 Key Requirements of the Bid

1.5.5.1 RFP Document Fees

1.5.5.1.1 RFP document can be downloaded from http://upnrhm.gov.in. and on e-tender portal
http://e-tender.up.nc.in

1.5.5.1.2 The Bidder will submit non-refundable fee of Rs 10,000 (Rupees Ten Thousand only) in the
form of Account Payee Demand Draft, drawn on a Scheduled Bank in India, in favour of
State Health Society, Uttar Pradesh payable at Lucknow. The scan copy of the same shall
be uploaded on the e -tender portal along with the tender document and original DD
should be submitted at Office of Mission Director, IEC Division, NHM,UP before the date
and time of technical bid opening.

1.5.5.1.3 Population Research Centers (PRCs) or any such Agency/Organization, being fully funded
(grants-in-aid) and recognized by the MoHFW, Govt. of India/State Govt., are exempted
from submission of Bid Document Cost. Consortium where the Lead Member is a
Population Research Center (PRC) or Consortium where the Lead Member is any such
Agency/Organization, being fully funded (grants-in-aid) and recognized by the MoHFW,
Govt. of India/State Govt., shall also be exempted from submission of Bid Document Cost.

Page 14 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.5.5.2 Earnest Money Deposit (EMD)

1.5.5.2.1 The Bidder will upload, along with their Bids, scan copy of EMD of Rs. 1,50,000 (Rupees
One Lakh Fifty Thousand Only). EMD should be in the form of a Fixed Deposit or Bank
Guarantee (in the format specified in Appendix H) issued by any Scheduled Indian bank
in favor of State Health Society, Uttar Pradesh. Original FDR/BG should be submitted at
Office of Mission Director, IEC Division, NHM,UP before the date and time of technical bid
opening.

1.5.5.2.2 It may be noted that no Bidding Entity, is exempt from deposit of EMD along with its bid.
Bids submitted by Bidders without EMD shall be rejected. Submission of EMD is only
exempted for Population Research Centers (PRCs) or any such Agency/Organization, being
fully funded (grants-in-aid) and recognized by the MoHFW, Govt. of India/State Govt. or
Consortium where the Lead Member is a Population Research Center (PRC) or Consortium
where the Lead Member is any such Agency/Organization, being fully funded (grants-in-
aid) and recognized by the MoHFW, Govt. of India/State Govt.

1.5.5.2.3 The EMD of unsuccessful Bidder will be returned to them without any interest, within 30
days after the Signing of Agreement with the Successful Bidder.

1.5.5.2.4 The EMD of the Successful Bidder will be returned without any interest, after receipt of its
Performance Security as per the Terms of the Contract.

1.5.5.2.5 EMD of a Bidder may be forfeited without prejudice to other rights of the Nodal Authority,
if the Bidder withdraws or amends its bid or impairs or derogates from the Bid in any
respect within the Period of Validity of its Bid or if it comes to notice that the information
/documents furnished in its Bid is incorrect, false, misleading or forged. In addition to the
aforesaid grounds, the Successful Bidders EMD will also be forfeited without prejudice to
other rights of Nodal Authority, if it fails to furnish the required Performance Security
within the specified period or fails to sign the contract in accordance with this RFP.
1.5.5.2.6 The submitted EMD, in any form, shall remain in force up to and including 45 (Forty-Five)
days after the period of Bid validity (i.e. 225 days from the date of opening of bids)

1.5.5.3 Submission of eBids

1.5.5.3.1 The eBids prepared by the Bidder shall comprise the following components: eBids will
comprise of:
a) Technical Proposal

b) Financial Proposal/BOQ in XLS format to be filled in after downloading from the


e-Procurement website for this e-tender. Prices shall be quoted in Indian
Rupees only.

Page 15 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.5.5.3.2 The Bidder shall upload the technical and financial bid on e-tender portal http://e-
tender.up.nc.in

1.5.5.3.3 The Bidder shall furnish, as part of Technical Proposal establishing the technical
qualification to perform the contract. The Bidder will electronically in the PDF format
should submit the documentary evidence in the support of the information furnished. PDF
file should be made in gray scale using the minimum readable appropriate resolution so
that the size of the files is minimized for fast uploading on the eBid portal.

1.5.5.3.3.1 Forwarding Letter as per Appendix A, confirming performing the assignment and
confirmation regarding furnishing Performance Security in case of Award of Contract.
To be furnished by Bidder and in-case of Consortium by Lead Member on their
Letterhead

1.5.5.3.3.2 Bid Cost Receipt/ Demand Draft towards the cost of Bid document to be attached in case
bid document has been downloaded from website http://upnrhm.gov.in.
To be submitted by Bidder and in-case of Consortium by Lead Member

1.5.5.3.3.3 EMD in the form of Fixed Deposit Receipt / Bank Guarantee as per Appendix H. Refer
Appendix H - Format of Bank Guarantee for EMD for the required validity period.
To be submitted by Bidder and in-case of Consortium by Lead Member

1.5.5.3.3.4 Particulars of the bidder as per Appendix B.


To be furnished by Bidder and in-case of Consortium by Each Member on their
Letterhead along with the following documents

1.5.5.3.3.4.1 Copy of the Income Tax Returns Acknowledgement for the last 3 (three)
Financial Years (2013-14, 2014-15 and 2015-16).

1.5.5.3.3.4.2 Copy of CA Certified or Audited Financial / Account Statements for the last 3
(three) Financial Years (2013-14, 2014-15 and 2015-16). Also, kindly furnish
a CA certified Statement for Turnover in last 3 (three) Financial Years (2013-
14, 2014-15 and 2015-16 as per the format in Appendix I

1.5.5.3.3.4.3 Copy of the Certificate of Registration of CST, VAT, EPF, ESI and Service Tax,
as applicable under the provisions of Law, with the concerned Authority,
valid as on date of submission of Bid documents. In case of non-applicability
of any of the mentioned certifications of registration, the Bidder shall provide
a Declaration on its letter-head stating provisions under law for exemption.

Page 16 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.5.5.3.3.5 A CA Certified statement regarding assignments in domain of Research & Evaluation /


Documentation/Photo Documentation / Video Documentation which are currently
ongoing/have been successfully completed by the Bidder/Each Member (in-case of
Consortium), during last Five Years as per Appendix C.
To be furnished by Bidder and in-case of Consortium by Each Member

1.5.5.3.3.6 Details of Bidders Project Execution Plan which shall include: Study Plan and Research
Methodology, Details of the Project Leader for execution of Project and Details of Core
Team Members along with supporting proofs/documents as per Appendix D.
To be furnished by Bidder and in-case of Consortium by Lead Member on their
Letterhead

1.5.5.3.3.7 A Duly notarized declaration from the Bidder in the format given in Appendix E to the
effect that the firm has neither been declared as defaulter nor blacklisted/debarred by
any Competent Authority of Government of India or its Organizations or Government of
any State or its Organizations or any PSU and should MANDATORILY make a declaration
in case it has been, in the past or present, directly involved or been a party to any previous
/ ongoing CBI litigation or litigations involving criminal indictment / offence in a Court of
Law. Refer proforma in Appendix F.
To be furnished by the Bidder & In case of Consortium to be given separately by
each member on a Non Judicial Stamp Paper of Rs. 100 duly attested by Executive
Magistrate / Public Notary

1.5.5.3.3.8 A Duly notarized valid Power of Attorney in favour of signatory to submitted bid
documents, as per the Board Resolution or applicable provisions under Articles and
Memorandum of Association. Refer Appendix J for Proforma for Power of Attorney.
To be furnished by the Bidder & In case of Consortium by Lead Member on a Non
Judicial Stamp Paper of Rs. 100 duly attested by Executive Magistrate / Public
Notary

1.5.5.3.3.9 PRCs affiliated with universities/research institutions or any such agency


Agency/Organization, being fully funded (grants-in-aid) and recognized by the MoHFW,
Govt. of India/State Govt., are required to submit a letter from VC/Director/Head of the
institution/agency/organization, allowing them to open a separate bank account for
receipt of funds from Paying Authority. An authority letter stating that the fund could be
handled by the Project Leader, duly nominated by the VC/Director/Head of the
institution/agency/organization, is to be provided.

1.5.5.3.4 The price quoted shall be firm and shall be mentioned online in the BoQ as per the
instruction given in Appendix G only.

1.5.5.3.5 In case of discrepancy in the quoted prices, the price written in words will be considered
as final and valid.

Page 17 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.5.5.3.6 Please Note that Prices should not be indicated in the Technical Bid but should only be
indicated in the Financial Bid.

1.5.5.3.7 All the pages of the Bid must be SEQUENTIALLY NUMBERED and MUST contain the list of
contents with page numbers. Any deficiency in the documentation may result in the
rejection of the Bid.

1.5.5.3.8 Cover Page and Forwarding Letter of the bid shall be initialed and stamped by the person
or persons who sign the bid.

1.5.5.4 Bid Preparation Costs

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 Bid, in providing any
additional information required by Nodal Authority to facilitate the evaluation process, and in
negotiating a definitive contract or all such activities related to the bid process. Nodal Authority will
in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding
process.

1.5.5.5 Language

The Bid should be filled by the Bidder in English language only. If any supporting documents submitted
are in any language other than English, translation of the same in English language is to be duly
attested by the Bidders. For purposes of interpretation of the Bid, the English translation shall govern.

1.5.5.6 Late Bids

1.5.5.6.1 The bidder cannot upload the eBids once the ebids submission date and time is over
1.5.5.6.2 The bids submitted by telex/telegram/fax/e-mail etc. shall not be considered. No
correspondence will be entertained on this matter.

1.5.5.6.3 Nodal Authority reserves the right to modify and amend any of the above-stipulated
condition/criterion depending upon project priorities vis--vis urgent commitments at any
time prior to the deadline for the submission of eBids, the authority may, for any reason,
whether at its own initiatives or in response to a clarification requested by a prospective
bidder modify the e tender document by amendments.

1.5.6 Evaluation Process

1.5.6.1 Nodal Authority will constitute a Bid Evaluation Committee to evaluate the responses of the
Bidders.

Page 18 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.5.6.2 The Bids will be scrutinized by the Bid Evaluation Committee to determine whether they are
complete and meet the essential and important requirements/ conditions set out by this
RFP and whether the Bidder is eligible and qualified as per criteria laid down in the RFP. The
eBids, which do not meet the aforesaid requirements and/or do not provide requisite
supporting documents / documentary evidence required to meet eligibility criteria are liable
to be treated as non-responsive and may be ignored or rejected.

1.5.6.3 The decision of the Nodal Authority as to whether the Bidder is eligible and qualified or not
and whether the Bid is responsive or not shall be final and binding on the Bidders. No
correspondence will be entertained outside the process of negotiation/ discussion with the
Bid Evaluation Committee.

1.5.6.4 Financial eBids of only those Bidders, who qualify on Technical Bid, will be considered and
opened.

1.5.6.5 The Bid Evaluation Committee may co-opt representatives of one or more relevant
Departments Agencies/Entities as may be deemed necessary.

1.5.6.6 The Bid Evaluation Committee may ask for meetings with the Bidders to seek clarifications
on their Bids

1.5.6.7 The Bid Evaluation Committee reserves the right to reject any or all Bids on the basis of any
deviations.

1.5.6.8 Bid Opening

1.5.6.8.1 The Bids uploaded will be opened by the committee members on line up to on or before
stipulated date and time, as indicated in Bid Data Sheet, will be opened at Vishal Complex,
19-A. Vidhan Sabha Marg, Lucknow, UP as per date and time indicated in Bid Data
Sheet, by Selection Committee and/or Nodal Authority in the presence of such of those
Bidders or their representatives who may be present at the time of opening.

1.5.6.8.2 The representatives of the bidders should be advised to carry the identity card or a letter
of authority from their respective bidding firms to identify their bonafides for attending
the opening of the Bid.

1.5.6.9 Bid Validity

The eBids shall remain valid for acceptance for 180 days from the date of opening of eBids.

1.5.6.10 eBid Scrutiny

Page 19 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.5.6.10.1 Initial eBid scrutiny will be held and incomplete details as given below may be treated as
non-responsive. If eBids

1.5.6.10.1.1 Are not submitted in formats as specified in the RFP document


1.5.6.10.1.2 Received without the Letter of Authorization (Power of Attorney)
1.5.6.10.1.3 Are found with suppression of details
1.5.6.10.1.4 With incomplete information, subjective, conditional offers and partial offers submitted
1.5.6.10.1.5 Submitted without the documents requested, as set out under Section 1.5
1.5.6.10.1.6 Have non-compliance with any of the clauses stipulated in the RFP
1.5.6.10.1.7 With lesser validity period

1.5.6.10.2 All responsive eBids will be considered for further processing as below:
Nodal Authority will prepare a list of responsive bidders, who comply with all the Terms
and Conditions of this ebid. All eligible bids will be considered for further evaluation by a
Selection Committee according to the Evaluation process defined in this RFP document.
The decision of this Committee will be final in this regard.

1.5.6.10.3 Evaluation for Eligibility: The ebids will be evaluated for Eligibility to bid based on
documents submitted. The following documents will be examined:

1.5.6.10.3.1 eBid Document Cost, EMD (Appendix H) Non submission of these documents will
lead to summary rejection of the bid and the bid will not be evaluated further. Submission
of Bid Document Cost and EMD is only exempted for Population Research Centers (PRCs)
or any such Agency/Organization, being fully funded (grants-in-aid) and recognized by
the MoHFW, Govt. of India/State Govt. Consortium where the Lead Member is a
Population Research Center (PRC) or Consortium where the Lead Member is any such
Agency/Organization, being fully funded (grants-in-aid) and recognized by the MoHFW,
Govt. of India/State Govt., shall also be exempted from submission of Bid Document Cost
and EMD.

1.5.6.10.3.2 Submission of Eligibility Documents with respect to Technical Eligibility requirement as


provided under Section 1.6.1.

1.5.6.10.3.3 Submission of cumulative Turnover requirements documents. Population Research


Centers (PRCs) or any such Agency/Organization, being fully funded (grants-in-aid) and
recognized by the MoHFW, Govt. of India/State Govt., are exempted from Turnover
requirement criteria. Consortium where the Lead Member is a Population Research
Center (PRC) or Consortium where the Lead Member is any such Agency/Organization,
being fully funded (grants-in-aid) and recognized by the MoHFW, Govt. of India/State
Govt., shall also be exempted from Turnover requirement criteria.

Non submission of Technical Eligibility documents and Turnover documents will lead to
the rejection of the bids.

Page 20 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.5.6.10.4 Technical Evaluation of the ebids- The eligible bidders will then be evaluated for Technical
responsiveness as indicated in Section 1.6.1. All bids meeting the criteria set out in Section
1.6.1 shall be considered as eligible for Technical Evaluation and will be allocated technical
scores as per Section 1.6.2.

1.5.6.10.5 The Technically Responsive/Qualified Bidders may be then asked for opening of Financial
Bid. The Financial bid evaluation will be based on the relevant stated Bid parameters
(Amount quoted). Any conditional bid, deviating from the bid conditions, will be rejected.

1.5.6.10.6 The bidders offering the Lowest Total Price for the Project as per the bid parameter will
be the selected L-1 bidder and will be awarded the contract.

1.5.6.11 Infirmity / Non-Conformity

The Nodal Authority may waive minor infirmity and/or non-conformity in a bid, provided it does not
constitute any material deviation. The decision of the Nodal Authority as to whether the deviation is
material or not, shall be final and binding on the bidders.

1.5.6.12 Bid Clarification

Wherever necessary, the Nodal Authority, or personnel authorized by it, at its discretion, may seek
clarifications from any Bidder seeking response by a specified date. If no response is received by this
date, the Nodal Authority shall evaluate the offer as per available information. Notwithstanding
anything contained in the RFP, the Nodal Authority reserves the right not to take into consideration
any such clarifications sought for evaluation of the Proposal.

1.6 Criteria for Evaluation

1.6.1 Technical Qualification Criteria

1.6.1.1 The Bidder shall be a Sole Provider (Legal Entity including OPC/ Company/ Society/ Trust/
LLP/ Partnership or Any Institution formed under an act of Parliament or State/UT
Legislature of India) or a Group of Legal Entities [Maximum 3 (Three)] coming together as
Consortium to implement the Project. The Lead Member in case of Consortium should have
at least 51% stake of the consortium and must also have all legal liabilities. In case of a
Consortium, the Lead Member shall be legally responsible and shall represent the
Consortium Members in all Legal Matters. The bidder cannot be an individual or group of
individuals. The bidder should be registered as a Legal Entity such as Company registered
under Companies Act, Partnership Act, Societies Registration Act, Trust Act or an equivalent
law applicable in the Region/State/Country or Any Institution formed under an act of
Parliament or State/UT Legislature of India. A bidder cannot bid as a sole provider as well as
a partner in a consortium.

Page 21 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.6.1.2 The Bidder shall have Minimum Experience of 3 (Three) years in last 5 (Five) years in domain
of Research & Evaluation / Documentation/Photo Documentation / Video Documentation.
In case of Consortium, the Lead Member of the Consortium shall have Minimum Experience
of 3 (Three) years in last 5 (Five) years in domain of Research & Evaluation /
Documentation/Photo Documentation / Video Documentation, in Public/Private sector.

1.6.1.3 The Bidder/Each Member in-case of a Consortium, should submit, CA Certified statement
regarding assignments in domain of Research & Evaluation / Documentation/Photo
Documentation / Video Documentation which are currently ongoing/have been successfully
completed, during last Five Years as per Appendix C.
In support of this, Performance Certificate/Users Certificate for each declared
ongoing/successfully completed assignment should be submitted. The assignment with any
State Government or its organizations/ departments/ agencies/Public Sector Units,
Government of India or its organizations/ departments/agencies/ Public Sector Units should
be specifically mentioned in Appendix C. The decision of the Nodal Authority as to
whether the assignment is similar or not and whether the bidders possess required
experience or not, shall be final and binding on the bidders.
In-case of the Consortium, the relevant assignments in domain of Research & Evaluation /
Documentation/Photo Documentation / Video Documentation of all the Members of the
Consortium shall be considered for Technical Evaluation.

1.6.1.4 Minimum Average Turnover of the Bidder during last 3 (Three) Financial Years (FY2013-14,
FY 2014-15 and FY 2015-16), should be at least Rs. 1,00,00,000 (Rupees One Crore).
In case of Consortium, the arithmetic sum of Turnover of all the Consortium Members
during last 3 (Three) Financial Years (FY 2013-14, FY 2014-15 and FY 2015-16), should be at
least Rs. 1,00,00,000 (Rupees One Crore) AND the Average Turnover of the Lead Member
during the last 3 (Three) Financial Years (FY 2013-14, FY 2014-15 and FY 2015-16) should be
at least 51% of the Minimum Average Turnover Criteria. Population Research Centers
(PRCs) or any such Agency/Organization, being fully funded (grants-in-aid) and recognized
by the MoHFW, Govt. of India/State Govt., are exempted from Minimum Turnover
requirement criteria. Consortium where the Lead Member is a Population Research Center
(PRC) or Consortium where the Lead Member is any such Agency/Organization, being fully
funded (grants-in-aid) and recognized by the MoHFW, Govt. of India/State Govt., shall also
be exempted from Minimum Turnover requirement criteria.

1.6.1.5 The Bidder should submit its Project Execution Plan which shall include: Study Plan and
Research Methodology, Details of the Project Leader for execution of Project and Details of
Core Team Members along with supporting proofs/documents as per Appendix D along
with its Bid.

Page 22 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.6.1.6 The Bidders are not presently blacklisted by the Nodal Authority or by any State Govt. or its
organizations, by Govt. of India or its organizations or PSUs. Bidder/ Each Member (in case
of consortium) should submit declaration as per Appendix E.

1.6.1.7 The bidder shall not be involved in any pending/ongoing CBI Litigations/Criminal Litigations
with any Government Agency/ State/Central department/ State/Central Government.
Bidder/ Each Member (in case of consortium) should submit declaration as per Appendix
E.

1.6.1.8 The Bidder shall MANDATORILY submit, if not otherwise exempted as per any RFP provision,
ALL the required supporting Documents as required in Section 1.6.2. NON SUBMISSION of
any of the supporting Documents required for Technical scoring, without assigning a valid
reason in written for NON SUMISSION of the supporting Documents, may lead the Bid to be
treated as NON-RESPONSIVE.

1.6.2 Technical Score

All bids meeting the criteria set out in Section 1.6.1 shall be considered as eligible for Technical
Evaluation and will be allocated technical scores on the following parameters. The Bidder shall
MANDATORILY submit, if not otherwise exempted as per any RFP provision, ALL the required
supporting Documents which have been asked for in the Technical Evaluation/Scoring table below. In-
case Bidder is not able to submit any supporting document required for Technical Evaluation/Scoring,
then it shall provide valid reason in written for non-submission of supporting Documentation, on its
Letterhead along with Signature of the Authorized Signatory.

NON SUBMISSION of any of the supporting Documents required for Technical scoring, without
assigning a valid reason in written for NON SUMISSION of supporting Documents, may lead the Bid to
be treated as NON-RESPONSIVE.

# Technical Evaluation Criteria Scoring Scale Corresponding


Score
1. Average Turnover of Bidder/Consortium in Last a) < Rs. 1 Cr. a) 0 Point
3 Financial Years (FY13-14, FY14-15, FY15-16). In b) >= Rs. 1 Cr. And < Rs. 2.0 b) 4 Points
case of a Consortium, combined arithmetic sum Cr. c) 8 Points
of turnovers of all the members will be c) >=Rs. 2.0 Cr. And < Rs. 3.0 d) 12 Points
considered and the lead member of the Cr.
consortium should have at least 51% of the d) >= Rs 3.0 Cr.
Average Turnover required for the
corresponding scoring scale.

Example 1 (Single Bidding Entity):


Average Turnover of the Bidder during the last 3
Financial Years is Rs. 2.5 Crore; then
Corresponding Score allotted shall be 8 Points

Page 23 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

# Technical Evaluation Criteria Scoring Scale Corresponding


Score

Example 2 (Consortium):
Average Turnover of the Consortium during the
last 3 Financial Years is Rs. 8 Crore and:
i) Average turnover of Lead Bidder during the
last 3 Financial Years is Rs. 1.5 Crore i.e. 19%;
then Corresponding Score allotted shall be 4
Points
ii) Average turnover of Lead Bidder during the
last 3 Financial Years is Rs. 4.1 Crore i.e. 51%
of Rs. 8 Crore; then Corresponding Score
allotted shall be 12 Points

Population Research Centers (PRCs) or any such


Agency/Organization, being fully funded
(grants-in-aid) and recognized by the MoHFW,
Govt. of India/State Govt., are exempted from
Turnover Evaluation criteria. Consortium where
the Lead Member is a Population Research
Center (PRC) or Consortium where the Lead
Member is any such Agency/Organization, being
fully funded (grants-in-aid) and recognized by
the MoHFW, Govt. of India/State Govt., shall
also be exempted from Turnover Evaluation
criteria.
2. Total Work Experience of the Bidder/Lead a)
< 3 years a) 0 Point
Member of Consortium in the domain of b)
>=3 years and < 4 years b) 4 Points
Research & Evaluation or Documentation/Photo c)
>=4 years and < 5 years c) 8 Points
Documentation or Video Documentation in d)
>=5 years and < 6 years d) 12 Points
Public/Private sector e)
>= 6 years e) 16 Points
3. Prior experience in the domain of Research & a)
No Assignment a) 0 Point
Evaluation of working in Public/Private sector, b)
1 Assignment with value b) 7 Points
within last 5 years. of Rs 15 Lakhs or more c) 14 Points
c) 2 Assignments with d) 21 Points
In case of a consortium, relevant assignments of cumulative value of Rs 30
all the members of the consortium will be Lakhs or more
considered. d) 3 Assignments with
cumulative value of Rs 45
Lakhs or more

Page 24 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

# Technical Evaluation Criteria Scoring Scale Corresponding


Score
4. Prior experience in the domain of a) No Assignment a) 0 Point
Documentation/Photo Documentation of b) 1 Assignment with value b) 3 Points
working in Public/Private sector, within last 10 of Rs 7 Lakhs or more c) 6 Points
years. c) 2 Assignments with d) 9 Points
cumulative value of Rs 14
In case of a consortium, relevant assignments of Lakhs or more
all the members of the consortium will be d) 3 Assignments with
considered. cumulative value of Rs 21
Lakhs or more

5. Prior experience in the domain of Video a) No Assignment a) 0 Point


Documentation of working in Public/Private b) 1 Assignment with value b) 3 Points
sector, within last 5 years. of Rs 7 Lakhs or more c) 6 Points
c) 2 Assignments with d) 9 Points
In case of a consortium, relevant assignments of cumulative value of Rs 14
all the members of the consortium will be Lakhs or more
considered. d) 3 Assignments with
cumulative value of Rs 21
Lakhs or more
6. Submission of Study Design, Research a) Training, Rollout & Survey a) No: 0 Point,
Methodology and Implementation Plan Plan submitted Yes: 1 Points
b) Data quality verification b) No: 0 Points,
plan submitted
Yes: 1 Points
c) Mechanism to receive &
incorporate feedback c) No: 0 Points,
submitted Yes: 1 Points
7.1 Project Leaders Educational Qualification a) Undergraduate (degree or a) No: 0 Point,
diploma) in Research or Yes: 2 Point
Communication or
Management b) No: 0 Point,
b) Postgraduate (degree or Yes: 2 Point
diploma) in Research or
Communication or
Management
7.2 Project Leaders relevant Professional a) 0 Point
a) < 3 years
Experience in the domain of Research & b) 1 Point
b) >=3 years and < 5 years
Evaluation or Documentation/Photo c) 3 Points
c) >=5 years and < 7 years
Documentation or Video Documentation, in the d) 5 Points
d) >=7 years
domain of Public Health

Page 25 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

# Technical Evaluation Criteria Scoring Scale Corresponding


Score
7.3 Project Leaders Experience of working with any a) 0 Point
a) No Assignment
State/UT Government or its organizations/ b) 1 Point
b) 1 Assignment
departments/ agencies/Public Sector Units OR c) 2 Points
c) 2 Assignments
Government of India or its organizations/ d) 3 Points
d) >= 3 Assignments
departments/agencies/ Public Sector Units
8. Core Team Members*: (1) Design Expert, (2)
Documentation Expert, (3) Communication
Expert and (4) Statistician/Demographer
Core Team Members can be any existing
Employee or External Consultant or Domain As per Scoring
Experts hired by the Bidder before Bid Scoring Scaled defined for Scale defined for
Submission date (in-case of Consortium, by any individual Core Team individual Core
Consortium Member) Members mentioned in 8.1 - Team Members
8.4 mentioned in 8.1
*Core Team Members qualification and - 8.4
experience shall be evaluated. However the
selected Agency shall deploy sufficient number
of qualified human resources to complete all
deliverables within specified timelines.
8.1 Design Experts Education Qualification and Education Qualification:
Experience in relevant domain a) Graduation in any a) No: 0 Point,
discipline with Yes: 0.5 Point
Certification Course in
Corel Draw of any other
Design Software
b) Post-Graduation in any b) No: 0 Point,
discipline with Yes: 0.5 Point
Certification Course in
Corel Draw of any other
Design Software

Experience:
c) < 3 years c) 0 Point
d) >=3 years and < 5 years d) 0.5 Point
e) >=5 years e) 1 Point
8.2 Documentation Experts Education Education Qualification:
Qualification and Experience in relevant domain a) Graduation in any a) No: 0 Point,
discipline Yes: 1 Point

b) Post-Graduation with b) No: 0 Point,


diploma in Mass Yes: 1 Point
Communication

Page 26 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

# Technical Evaluation Criteria Scoring Scale Corresponding


Score

Experience:
c) < 5 years c) 0 Point
d) >=5 years and < 7 years d) 1 Point
e) >=7 years e) 2 Point
8.3 Communication Experts Education Education Qualification:
Qualification and Experience in relevant domain a) Graduation in any a) No: 0 Point,
discipline with diploma in Yes: 2 Point
Mass Communication
b) Post-Graduation in b) No: 0 Point,
Journalism and Mass Yes: 2 Point
Communication

Experience in Film making:


c) < 5 years c) 0 Point
d) >=5 years and < 10 years d) 2 Point
e) >=10 years e) 4 Point
8.4 Statistician/Demographers Education Education Qualification:
Qualification and Experience in relevant domain a) Post-Graduation in a) No: 0 Point,
Statistics/Demographics/ Yes: 1 Point
Economics
b) PhD in b) No: 0 Point,
Statistics/Demographics/ Yes: 1 Point
Economics

Experience in large scale


Household and Health
Facility Survey:
c) < 5 years c) 0 Point
d) >=5 years and < 7 years d) 1 Point
e) >=7 years e) 2 Point

Only those Bidders who get a score of 70% (which is 70 Points out of 100 Points) or more on the
Technical Evaluation Parameters, shall be considered to have Technically Qualified and only their
financial bids shall be opened.
Population Research Centers (PRCs) or any such Agency/Organization, being fully funded (grants-in-
aid) and recognized by the MoHFW, Govt. of India/State Govt. are exempted from Turnover Evaluation
Criteria. Consortium where the Lead Member is a Population Research Center (PRC) or Consortium
where the Lead Member is any such Agency/Organization, being fully funded (grants-in-aid) and
recognized by the MoHFW, Govt. of India/State Govt., shall also be exempted from Turnover
Evaluation criteria (equivalent to 12 Technical Score Points) and will not be evaluated on this
parameter. In such cases bidding entities, who get a score of 70% of 88 Points (which is 61.6 Points)

Page 27 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

or more on the applicable Technical Evaluation Parameters, shall be considered to have Technically
Qualified.

No Points shall be given for Assignments undertaken by Individual External Consultants / Domain
Experts, hired by the Bidder for providing relevant expertise.

Core Team Members, whether existing Employees or External Consultant or Domain Experts hired by
the Bidder, whose experience has been claimed by the Bidder for Technical Evaluation, shall be
mandatorily deployed on the Project. No change in Core Team Members, mentioned in Appendix D
shall be allowed, only exception being an Employee leaving employment with the Bidder/Lead
Bidder/Consortium Member. In-case any of the Core Team Members leave employment with the
Bidder/Lead Bidder/Consortium Member, then they shall be replaced by another resource having
same qualification and experience.

Project Leader, should be employed with the Bidder/Lead Bidder or any member of the Consortium.
Project leader whose experience has been claimed by the Bidder for Technical Evaluation, shall be
mandatorily deployed on the Project. No change in Project Leader, mentioned in Appendix D shall be
allowed, only exception being an Employee leaving employment with the Bidder/Lead
Bidder/Consortium Member. In-case the Project Leader leaves employment with the Bidder/Lead
Bidder/Consortium Member, then he/she shall be replaced by another resource having same
qualification and experience.

1.6.3 Financial eBid Evaluation

1.6.3.1 The Financial Bids of technically qualified/responsive bidders will be opened on the
prescribed date in the presence of bidder representatives.

1.6.3.2 The Financial bid evaluation will be based on the relevant stated Bid parameters. Any
conditional bid, deviating from the bid conditions, will be rejected.

1.6.3.3 The bidder offering the Lowest Total Price for the Project (Cost of Research & Evaluation,
Documentation/Photo Documentation and Video Documentation along with all the
applicable taxes, but exclusive of applicable Service Tax) as per the bid parameter will be the
selected L-1 bidder and shall be called for further process leading to the Award of the
Contract.

1.6.3.4 The price quoted shall be firm and shall be mentioned online in the BoQ as per instructions
given in Appendix G.

1.6.3.5 Errors & Rectification: Arithmetical errors will be rectified on the following basis: If there is
a discrepancy between the unit price and the total price that is obtained by multiplying the
unit price and quantity, the unit price shall prevail and the total price shall be corrected. If
there is a discrepancy between words and figures, the amount in words will prevail.

Page 28 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.7 Appointment of the Successful Bidder as Selected Agency

1.7.1 Award Criteria

Nodal Authority will award the Contract to the successful bidder whose Bid has been determined to
be technically responsive and having the least cost Financial Bid as per the process outlined in this
RFP.

1.7.2 Right to Accept Any Bid and to Reject Any or All Bid(s)

Nodal Authority reserves the right to accept or reject any Bid, and to annul the bidding process / Public
procurement process and reject all Bids at any time prior to award of contract, without thereby
incurring any liability to the affected bidder or bidders or any obligation to inform the affected bidder
or bidders of the grounds for Nodal Authority action.

1.7.3 Notification of Award

1.7.3.1 The Nodal Authority shall issue the Notice for Award or Letter of Intent/Award of the
Contract to the successful bidder within the bid validity period.

1.7.3.2 The successful bidder will be required to sign and submit the contract unconditionally within
21 days of receipt of such communication. (Part II Draft Contract Agreement)

1.7.3.3 The Letter of Award (LOI) will be issued by Mission Director, National Health Mission, Uttar
Pradesh.

1.7.3.4 In case the bidding process / public procurement process has not been completed within the
stipulated period, Nodal Authority, may like to request the bidders to extend the validity
period of the bid.

1.7.3.5 The notification of award will constitute the formation of the Contract. Upon the successful
bidder's furnishing of Performance Security, Nodal Authority will notify each unsuccessful
bidder and return their EMD.

1.7.4 Modification to Contract

The Contract when executed by both the parties shall constitute the entire Contract between the
parties in connection with the jobs / services and shall be binding upon the parties. Modification, if
any, to the contract/draft contract shall be in writing and with the consent of both the parties.

1.7.5 Performance Security

Page 29 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.7.5.1 The successful bidder shall furnish a Performance Security in the shape of a FDR/Bank
Guarantee issued by any Scheduled Indian Bank in favor of State Health Society, Uttar
Pradesh for an amount as specified in the Bid Data Sheet. The Bank Guarantee shall be as
per proforma at Appendix H and will remain in force up to and including 180 (One Hundred
and Eighty) days after the period of contract validity. This shall be submitted within 21 days
of receiving of Notice for Award of Contract, failing which the EMD may be forfeited and the
Contract may be cancelled.

1.7.5.2 If the Selected Bidder violates any of the Terms and Conditions of contract, the Performance
Security shall be liable for forfeiture, wholly or partly, as decided by the Nodal Authority and
the contract may also be cancelled.

1.7.5.3 The Nodal Authority will release the Performance Security without any interest to the
Selected Agency on successful completion of Contractual term and/or its obligations.

1.7.5.4 Population Research Centers (PRCs) or any such Agency/Organization, being fully funded
(grants-in-aid) and recognized by the MoHFW, Govt. of India/State Govt., are exempted from
submission of Performance Security. Consortium where the Lead Member is a Population
Research Center (PRC) or Consortium where the Lead Member is any such
Agency/Organization, being fully funded (grants-in-aid) by the MoHFW, Govt. of India/State
Govt., shall also be exempted from submission of Performance Security.

1.7.6 Signing of Contract

1.7.6.1 After the Nodal Authority notifies the successful bidder that its Bid has been accepted, Nodal
Authority shall enter into a contract, incorporating all clauses, pre-bid clarifications (if any)
and the Bid of the bidder between Nodal Authority and the successful bidder.

1.7.6.2 The Draft Legal Contact Agreement is provided as a separate document, and has been
attached herewith this RFP bid document. (Part II Draft Contract Agreement)

1.7.6.3 The individual Contracts will be signed between Mission Director, National Health Mission,
Uttar Pradesh and selected bidder.

1.7.6.4 The Implementing, Monitoring Authority and Payment Authority will be Mission Director,
National Health Mission, Uttar Pradesh.

1.7.7 Failure to Agree with the Terms and Conditions of the RFP and its Contract
Agreement

Page 30 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.7.7.1 Failure of the successful bidder (L1) 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 Nodal Authority may award the contract to the next technically
responsive/qualified and most economical bidder (L2: having next best least cost) or call for
new Bids from the interested bidders.

1.7.7.2 In such a case, the Nodal Authority shall invoke the Performance Security of the next most
technically responsive and least cost bidder.

1.7.8 Compliance of Minimum Wages Act and other Statutory Requirements

The Selected Agency shall comply with all the provisions of Minimum Wages Act and other applicable
labor laws. The Selected Agency shall also comply with all other statutory provision including but not
limited to provisions regarding eligibility criteria of human resources used by the Selected Agency for
providing the services, occupational and environmental safety and other applicable statutory
requirements.
The Selected Agency shall maintain confidentiality of data shared with it or collected by it during the
course of the project and shall make adequate arrangement for data security.

1.7.9 Income Tax Deduction at Source

Income tax deduction at source shall be made at the prescribed rates from the Selected Agencys
invoices / bills. The deducted amount will be reflected in the requisite Form, which will be issued at
the end of the financial year.

1.7.10 Provision for change in Tax Structure / Tax Rate


The Financial Bid Price quoted by the Bidders, shall be exclusive of applicable Service Tax payable on
such amount. Any tax payable on the Financial Bid Price, as on the date of the payment becoming
due, shall be payable by the Authority. The amount payable accordingly, shall be adjusted for any tax
that may become payable during the term of the Contract. For sake of clarity, it is mentioned that any
change in the rate of Service Tax or substitution of present tax structure with any new structure will
also be covered and taken into account under this clause for the purpose of reimbursement of taxes
payable by the service provider on the amounts paid under the Contract.

1.8 Scope of Work

1.8.1 General Project Overview

The Selected Agency shall have to deliver three deliverables which will require Research & Evaluation
(assessment of Schemes/Programs), Documentation/Photo Documentation and Video

Page 31 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Documentation of identified Best Practices/Schemes/Programs of NHM, UP under RMNCH+A


initiatives and National Programs.

For all deliverables, the Study Indicators shall represent facts and information at the State Level. The
work needs to be carried across five (5) Zones of U.P - Western, Central, Eastern, Bundelkhand and
Tarai belt (Refer Appendix L for Zone-wise District details). Currently, most of Tarai belt is the part of
Uttaranchal but there are districts of U.P. adjacent to Nepal border. The Agency shall execute the
scope of work for each of the required Schemes/Programs and deliverables (as detailed under
Appendix K).

Research, Evaluation (assessment of Schemes/Programs) and Documentation work could involve a


combination of desk research, population surveys and analysis of literature / statistical data, or a
methodology deemed appropriate to execute the Scope of Work, and would need to be carried out
for the identified NHM programmes across all the required Health centres in a District (Sub Centres
(SCs), Primary Health Centres (PHCs), Community Health Centres (CHCs), District Hospitals (DHs), etc.),
and/or as deemed important to identify and address the required sample size.

The output quality for each deliverable shall rely on the creativity of the Agency in representing
qualitative and quantitative data/literature as outcomes.

1.8.2 Work Description

1.8.2.1 Summary of the three key deliverables that the Selected Agency will have to deliver is as
follows:

1.8.2.1.1 Deliverable 01: Research & Evaluation (Assessment of 13 Schemes/Programs) of NHM UP


on RMNCH+A and National Programs.

1.8.2.1.1.1 Expected Output: A Study report with qualitative and quantitative data compilation with
anecdotes and Case studies for each Schemes/Programs. Each Study Report should
present complex concepts and findings in an accessible and engaging manner, should
have the same Look and Feel and should have clear branding and incorporate Logo
defined by the Nodal Authority. The report shall be submitted in Hard Copy (10 (ten)
coloured copies) and Soft Copy (.cdr file, .pdf and .docx format), should be of 7,500
10,000 words (excluding Annexures) for each of the 13 Schemes/Programs. The
submitted report shall be in Hindi and English language.

1.8.2.1.2 Deliverable 02: Evidence based Documentation/Photo Documentation of best practices of


NHM, UP on RMNCH+A and National Programs for 10 Schemes/Programs.

Page 32 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.8.2.1.2.1 Expected Output: A Well designed document based on brief evidence based information,
process details, anecdotes, Success stories for each Schemes/Programs, with narration
in Hindi and English language. Each Document should present complex concepts and
findings in an accessible and engaging manner, should incorporate Visual Contents,
should have the same Look and Feel and should have clear branding and incorporate
Logo defined by the Nodal Authority. The document shall be submitted in Hard and Soft
Copy (.cdr file, .pdf and .docx format) & 200 High Resolution colored pictures (size 6MB-
10MB for each photograph) in .jpeg file format (in digital format) and also in Photo Album
(in hard copy) need to be submitted for each of the 10 Schemes/Programs. The High-
Resolution colored pictures (in digital format) shall be submitted in a single Hard Disk for
all Schemes/Programs and a separate DVD for each Scheme/Program (DVD should have
cover design and label).

1.8.2.1.3 Deliverable 03: Video Documentation of best practices of 07 NHM, UP Schemes/Programs.

1.8.2.1.3.1 Expected Output: A 5-8 minutes short, crisp, well edited, very creative video with voice
over along with subtitles in Hindi/English language, with clear messages for each
Schemes/Programs. Each Video should have the same Look and Feel and should have
clear branding and incorporate Logo defined by the Nodal Authority. The video shall be
submitted in .mp4 format and in a format compatible for uploading into the Websites,
YouTube, Social media sites and need to be of at least 1080p resolution (Full High
Definition) for each of the 07 Schemes/Programs. The videos shall be submitted in a
single Hard Disk for all Schemes/Programs and a separate DVD for each Scheme/Program
(DVD should have cover design and label). Agency shall also submit the complete
raw/unedited footage to the Authority separately in (a) Hard Disk(s).

Deliverables 1 and 2 will be shared at meetings and conferences with a lay audience, which
includes but is not limited to: government officials, health researchers and scientists, health
professionals, development practitioners and funders. The intended audience has knowledge
of public health and development issues, and is engaged in the sector. They may or may not
be aware of the context in Uttar Pradesh.

Deliverable 3 is intended for awareness generation of different target audience and Agencies
and for external stakeholders as GOI, development partners, other states etc.

The detailed List of Schemes/Programs for Deliverables 01, 02 & 03 has been mentioned in
Appendix K for reference of the Bidder. This shall be the part of Scope of Work for selected
Agency. The Authority depending on requirement and in consultation with the selected
Agency, may amend the list of Schemes/Programs, without changing the total number of
Schemes/Programs for each Deliverable.

Page 33 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.8.2.2 Detailed Scope of Work for Deliverable 01: Research & Evaluation (Assessment of 13
Schemes/Programs)
The Agency shall have to perform the following steps for each of the 13 Schemes/Programs
in consideration:

1.8.2.2.1 Review of Literature and Study Design


1.8.2.2.1.1 Desk review and collection of data/literature/reports/documents/audio-video data from
the Nodal Authority or its Authorized representative(s)
1.8.2.2.1.2 Review the collected data and submit a Brief Report to the Nodal Authority or its
Authorized representative(s)
1.8.2.2.1.3 Submission of a detailed Study Design [which should include the following: Objective,
Target Audience, Coverage Area, Sample Size, Methodology, Outcome indicators,
considering the Standard protocols/method/indicators of Research] to the Nodal
Authority or its Authorized representative(s).

1.8.2.2.2 Research and Survey (Qualitative & Quantitative)


1.8.2.2.2.1 Development of Final Study Design and Tools for Qualitative and Quantitative Research
for each of the 13 Schemes/Programs to be performed at District, Block, Facility, and
Community Levels in consultation with Nodal Authority or its Authorized
representative(s)
1.8.2.2.2.2 The Agency would need to conduct Field Survey Visits as per the approved Study Design
1.8.2.2.2.3 To get authorization and approval for the Field Visit Plan for each of the 13
Schemes/Programs from Nodal Authority or its Authorized representative(s)
1.8.2.2.2.4 Field visits, Qualitative and Quantitative Data Collection from the selected/identified
District, Block, Facility, and Community Levels
1.8.2.2.2.5 Entry of Collected Data in a Standard Data collection format and use of Statistical and
Analytical Software Packages for in-depth analysis

1.8.2.2.3 Analysis of Data and Draft Report


1.8.2.2.3.1 Prepare an Analysis Plan for Tool
1.8.2.2.3.2 Review and analysis of findings of Qualitative and Quantitative Research
1.8.2.2.3.3 Development of Draft Outline of the report in consultation with Nodal Authority or its
Authorized representative(s)
1.8.2.2.3.4 Development and submission of first draft of Report based on clearly defined input
process, output, outcome and impact indicators for Feedback to Nodal Authority or its
Authorized representative(s)
1.8.2.2.3.5 Incorporation of Feedback received from Nodal Authority or its Authorized
representative(s) and submission of Second Designed Draft Report for Feedback and
Finalization to Nodal Authority or its Authorized representative(s)

Page 34 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.8.2.2.4 Finalization of Document and Final Submission


1.8.2.2.4.1 Incorporation of Feedback received from Nodal Authority or its Authorized
representative(s) and submission of Final Designed Document as per the mentioned
format(s). The final report shall be submitted in Hard Copy (10 (ten) coloured copies) and
Soft Copy (.cdr file, .pdf and .docx format), should be of 7,500 10,000 words (excluding
Annexures) for each of the 13 Schemes/Programs. The submitted report shall be in Hindi
and English language.

1.8.2.3 Detailed Scope of Work for Deliverable 02: Evidence based Documentation/Photo
Documentation
The Agency shall have to perform the following steps for each of the 10 Schemes/Programs
in consideration:

1.8.2.3.1 Collection of Content, Review of literature, Outline of Report


1.8.2.3.1.1 Collection of data/literature/reports/document/audio-video data from the Nodal
Authority or its Authorized representative(s)
1.8.2.3.1.2 Review the collected data and submit a Brief Report to the Nodal Authority or its
Authorized representative(s)
1.8.2.3.1.3 Submission of a detailed Outline of Report [which should at least include: Layout,
Structure, Coverage Area, Sample Size, Methodology, Target Audience for Success
Stories] to the Nodal Authority or its Authorized representative(s)

1.8.2.3.2 Field Visit for Success Stories, Data from Field


1.8.2.3.2.1 Prepare Field Visit Plan to collect data, capture Success stories from selected/identified
District, Block, Facility, and Community Levels in consultation with Nodal Authority or its
Authorized representative(s)
1.8.2.3.2.2 To get authorization and approval for the Field Visit Plan from Nodal Authority or its
Authorized representative(s)
1.8.2.3.2.3 Field Visits and Data collection from District, Block, Facility, and Community Levels

1.8.2.3.3 Photo-shoot
1.8.2.3.3.1 Prepare Photo-shoot Plan to capture High Resolution Colored Photographs (size 6MB-
10MB for each photograph) about the Schemes/Programs and candid colored shots of
general community at selected/identified District, Block, Facility, and Community Levels
in consultation with Nodal Authority or its Authorized representative(s)
1.8.2.3.3.2 To get authorization and approval for the Photo-shoot Plan and schedule of Field Visit
from Nodal Authority or its Authorized representative(s)
1.8.2.3.3.3 Photo-shoot to capture High Resolution Colored Photographs about the
Schemes/Programs as per the Shoot Plan at District, Block, Facility, and Community
Levels
1.8.2.3.3.4 Post processing/editing of captured High Resolution Colored Photographs as per the
standard industry practices

Page 35 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.8.2.3.4 Analysis of Data and First Draft Report


1.8.2.3.4.1 Review, collation and analysis of findings of Field Visit
1.8.2.3.4.2 Development of Draft Outline of the document with narration in Hindi and English
language, in consultation with Nodal Authority or its Authorized representative(s)
1.8.2.3.4.3 Development and submission of first draft of document with narration in Hindi and
English language, and Photographs for Feedback to Nodal Authority or its Authorized
representative(s)
1.8.2.3.4.4 Incorporation of Feedback received from Nodal Authority or its Authorized
representative(s) and submission of Second Designed Draft document with narration in
Hindi and English language, and Colored Photographs for Feedback and Finalization to
Nodal Authority or its Authorized representative(s)

1.8.2.3.5 Finalization of Document and Final Submission


1.8.2.3.5.1 Incorporation of Feedback received from Nodal Authority or its Authorized
representative(s) and submission of Final Designed Document with narration in Hindi and
English language, and High Resolution Colored Photographs (size 6MB-10MB for each
photograph), in digital format and also in Photo Album (in hard copy) as per the
mentioned format(s).
1.8.2.3.5.2 The Final Submitted Colored Photographs should be well organized, properly labelled
with description of the captured Schemes/Programs, along with description of place and
individual(s) whose Colored Photograph has been taken (This should match with the
consent form of individual(s) whose Photograph has been taken)
For Example: The Description of the Colored Photograph(s) captured for Janani Shishu
Suraksha Yojna (JSSY) at Kanpur, CHC-Nawabpur of Ms. Urmila Devi shall be labelled as
JSSY_KANPUR_CHC_NAWABPUR_URMILA_DEVI_01,
JSSY_KANPUR_CHC_NAWABPUR_URMILA_DEVI_02 etc
1.8.2.3.5.3 The High-Resolution Colored Pictures (in digital format) shall be submitted in a single
Hard Disk for all Schemes/Programs and a separate DVD for each Scheme/Program (DVD
should have cover design and label)

1.8.2.4 Detailed Scope of Work for Deliverable 03: Video Documentation


The Agency shall have to perform the following steps for each of the 07 Schemes/Programs
in consideration:

Page 36 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.8.2.4.1 Review of Literature, Script Outline and shoot plan


1.8.2.4.1.1 Collection of data/literature/reports/document/audio-video data from the Nodal
Authority or its Authorized representative(s)s
1.8.2.4.1.2 Review the collected data and submit a Brief Report to the Nodal Authority or its
Authorized representative(s)
1.8.2.4.1.3 Submission of a detailed Script Outline, in Hindi and English language, [which should at
least include: Layout, Structure, Coverage Area, Sample Size, Methodology, Target
Audience for Success Stories] to the Nodal Authority or its Authorized representative(s)
1.8.2.4.1.4 Prepare Shoot Plan, after location scout, at selected/identified District, Block, Facility,
and Community Levels in consultation with Nodal Authority or its Authorized
representative(s)
1.8.2.4.1.5 To get authorization and approval for the Shoot Plan and schedule of Field Visit from
Nodal Authority or its Authorized representative(s)

1.8.2.4.2 Video Documentation and submission of Story board and First cut of video
1.8.2.4.2.1 Video Recording about the Activity/Capture as per the Shoot Plan at District, Block,
Facility, and Community Levels
1.8.2.4.2.2 Development of Story Board of the video, in Hindi and English language, in consultation
with Nodal Authority or its Authorized representative(s)
1.8.2.4.2.3 Post processing/Editing/Mixing/Voice Over/Subtitling of the recorded videos as per the
standard industry practices and submission of First cut of video for Feedback to Nodal
Authority or its Authorized representative (s)
1.8.2.4.2.4 Incorporation of Feedback received from Nodal Authority or its Authorized
representative(s) and submission of Second cut of well edited & creative video for
Feedback and Finalization to Nodal Authority or its Authorized representative(s)

1.8.2.4.3 Finalization of Deliverable and Final Submission of the Videos


1.8.2.4.3.1 Incorporation of Feedback received from Nodal Authority or its Authorized
representative(s) and submission of Final Video(s) with voice over along with subtitles in
Hindi/English language (in at least 1080p resolution) (Full High Definition) as per the
mentioned format(s). The videos shall be submitted in a single Hard Disk for all
Schemes/Programs and a separate DVD for each Scheme/Program (DVD should have
cover design and label). Agency shall also submit the complete raw/unedited footage to
the Authority separately in (a) Hard Disk(s).

1.8.2.5 Formats of the Final Submission of Report/Documents/Photographs/Videos:


1.8.2.5.1 The Agency shall submit each designed document/report, in Hindi and English language
[should be of 7,500 10,000 words (excluding Annexures) with normal readable Font size]
in Hard and Soft Copy (.cdr file, .pdf and .docx format) for each of the 13
Schemes/Programs mentioned in Deliverable 01
1.8.2.5.2 The Agency shall submit document with narration in Hindi and English language [should be
of 2,000-3,000 words], in Hard and Soft Copy (.cdr file, .pdf and .docx format) for each of
the 10 Schemes/Programs mentioned in Deliverable 02

Page 37 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.8.2.5.3 The Agency shall submit at least 200 High Resolution Colored Pictures (size 6MB-10MB for
each photograph) in .jpeg file format (in digital format) and also in Photo Album (in hard
copy) for each of the 10 Schemes/Programs mentioned in Deliverable 02

1.8.2.5.3.1 The Final Submitted Colored Photographs should be well organized, properly labelled
with description of the captured Schemes/Programs, along with description of place and
individual(s) whose Photograph has been taken (This should match with the consent form
of individual(s) whose Colored Photograph has been taken)
For Example: The Description of the Colored Photograph(s) captured for Janani Shishu
Suraksha Yojna (JSSY) at Kanpur, CHC-Nawabpur of Ms. Urmila Devi shall be labelled as
JSSY_KANPUR_CHC_NAWABPUR_URMILA_DEVI_01,
JSSY_KANPUR_CHC_NAWABPUR_URMILA_DEVI_02 etc
1.8.2.5.3.2 The High-Resolution Colored Pictures (in digital format) shall be submitted in a single
Hard Disk for all Schemes/Programs and a separate DVD for each Scheme/Program (DVD
should have cover design and label)

1.8.2.5.4 The Agency shall submit the video with voice over along with subtitles in Hindi/English
language, in .mp4 format and in a format compatible for uploading into the Websites,
YouTube, Social media sites and need to be of at least 1080p resolution (Full High
Definition) for each of the 07 Schemes/Programs mentioned in Deliverable 03. The videos
shall be submitted in a single Hard Disk for all Schemes/Programs and a separate DVD for
each Scheme/Program (DVD should have cover design and label). Agency shall also submit
the complete raw/unedited footage to the Authority separately in (a) Hard Disk(s).

1.8.2.6 As a part of Scope of Work, the Agency

1.8.2.6.1 Shall be responsible to develop the documentation, study plan and sample design, data
collection, field visit, compilation and analysis for the identified issues on RMNCH+A
required for the State that they are assigned to implement

1.8.2.6.2 Shall be responsible to share and get a written approval of all study plan, draft reports
outline and any scripts from Nodal Authority or its Authorized representative(s) for quality
check before going into field

1.8.2.6.3 Shall not be allowed to go ahead with the field visit work before prior approvals from Nodal
Authority or its Authorized representative(s)

1.8.2.6.4 Shall sort out on its own, in-case any issue which may arise relating to Field Visit. Nodal
Authority or its authorized representatives will not be responsible for it unless and until it
channeled through appropriate authority.

1.8.2.6.5 Shall be responsible for payment of toll/octroi tax or any other tax as applicable by law of
the land.

Page 38 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.8.2.6.6 Shall MANDATORILY get prior consent in writing from each individual who shall be the part
of the Photographs or Videos.

1.8.2.6.7 Shall be allowed to hire External Consultant / Domain Expert for providing relevant
expertise before Bid Submission date.

1.8.2.6.8 Shall ensure that it deploys sufficient number of qualified human resources to complete all
deliverables within specified timelines.

1.8.2.6.9 Shall submit, in a staggered manner, the first daft of report and Finalization of document
and final submission for the Schemes/Programs for Deliverables 01 & 02, in order to
facilitate thorough review by the Authority and/or its representatives.

1.8.2.6.10 Shall submit, in a staggered manner, the first cut of shoot and Finalization of deliverable
for the Schemes/Programs for Deliverable 03, in order to facilitate thorough review by the
Authority and/or its representatives.

1.8.3 Liquidated Damages and Penalty Charges

1.8.3.1 Liquidated Damages:

1.8.3.1.1 The Selected Agency shall have to commence work within Thirty (30) days of signing of
Contract Agreement between Authority and the successful Bidder, failing which Liquidated
Damages will be applicable at the rate of Rs 10,000 per day for first ONE month of delay,
Rs 20,000 per day for second ONE month of delay and Rs 30,000 per day after TWO months
of delay.

1.8.3.1.2 This will be recoverable from the Performance Security, and up to a maximum of Rs. 15
Lakhs (Maximum Value). Upon reaching the Maximum Value, this contract will be
terminated as per termination procedure.

1.8.3.2 Penalty for non-compliance to Timelines:

1.8.3.2.1 Nodal Authority or its representatives may impose penalty of up to 5% for non-compliance
to timelines for the milestones Finalization of Document and Final submission for
Deliverables 1 or 2 or Finalization of Deliverable and Final Submission of the Videos for
Deliverable 3 for the respective Schemes/Programs. The same will be deducted from the
pending corresponding Deliverable linked payment or Performance Security.

Page 39 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.8.3.2.2 For Example: In case of Deliverable 1, Evaluation needs to be carried out for 13
Schemes/Programs. Payment linked to this deliverable is 50%. If there is delay in
completion of the milestone Finalization of Document and Final submission in case of 1
of the 13 Schemes/Programs, corresponding penalty for non-compliance to timelines shall
be up to: 5% x 50% x (1/13).

1.8.3.3 Penalty for non-compliance to Quality Indicators:

1.8.3.3.1 Nodal Authority or its representatives may impose penalty of up to 5% for non-compliance
to quality indicators as mentioned below for the milestones Finalization of Document
and Final submission for Deliverables 1 or 2 or Finalization of Deliverable and Final
Submission of the Videos for Deliverable 3 for the respective Schemes/Programs. The
same will be deducted from the pending corresponding deliverable linked payment or
Performance Security.

1.8.3.3.2 For example: In case of Deliverable 1, Evaluation needs to be carried out for 13
Schemes/Programs. Payment linked to this deliverable is 50%. If there is non-compliance
to quality indicators in case of 1 of the 13 Schemes/Programs, corresponding penalty for
non-compliance to quality indicators shall be up to: 5% x 50% x (1/13).

1.8.3.3.3 Quality Indicators:


1.8.3.3.3.1 Quality Indicators for Deliverable 01
Each Final Submitted Report,

1.8.3.3.3.1.1 Should be based on facts, verified information (Qualitative and Quantitative


Data) and valid proofs and supported with citations

1.8.3.3.3.1.2 Should present complex concepts and findings in an accessible and engaging
manner, should have the same Look and Feel and should have clear
branding and incorporate Logo defined by the Nodal Authority

1.8.3.3.3.1.3 Should address and incorporate feedback received from the Nodal Authority
or its authorized representatives

1.8.3.3.3.1.4 Should have maximum 7,500- 10,000 words (excluding Annexures) with
normal readable font size

1.8.3.3.3.1.5 Should be submitted in Hindi and English language

1.8.3.3.3.2 Quality Indicators for Deliverable 02


Each Final Submitted Document,

Page 40 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.8.3.3.3.2.1 Should be based on facts, verified information, valid proofs and supported
with citations

1.8.3.3.3.2.2 Should present complex concepts and findings in an accessible and engaging
manner, should incorporate Visual Contents, should have the same Look
and Feel and should have clear branding and incorporate Logo defined by
the Nodal Authority

1.8.3.3.3.2.3 Should address and incorporate feedback received from the Nodal Authority
or its authorized representatives

1.8.3.3.3.2.4 Should have 2,000- 3,000 words (excluding Annexures) with normal readable
font size

1.8.3.3.3.2.5 Should be submitted with narration in Hindi and English language

Each Final Submitted Colored Photograph,

1.8.3.3.3.2.6 Should be of High Resolution (size 6MB-10MB for each photograph), well
edited and in .jpeg file format (in digital format)

1.8.3.3.3.2.7 Should address and incorporate feedback received from the Nodal Authority
or its authorized representatives

1.8.3.3.3.2.8 Should be well organized, properly labelled with description of the captured
Schemes/Programs, along with description of place and individual(s) whose
Colored Photograph has been taken. This should match with the consent
form of individual(s) whose Colored Photograph has been taken.

1.8.3.3.3.3 Quality Indicators for Deliverable 03


Each Final Submitted Video,

1.8.3.3.3.3.1 Should be of at least 1080p resolution (Full High Definition) and should be in
.mp4 format or a format compatible for uploading on the Websites,
YouTube, Social media sites

1.8.3.3.3.3.2 Should address and incorporate feedback received from the Nodal Authority
or its authorized representatives

1.8.3.3.3.3.3 Should have the same Look and Feel and should have clear branding and
incorporate Logo defined by the Nodal Authority.

1.8.3.3.3.3.4 Should be between 5-8 minutes of duration.

1.8.3.3.3.3.5 Should have voice over along with subtitles in Hindi/English language

Page 41 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.8.3.4 The Selected Agency shall abide by all the guidelines issued by the Nodal Authority and
statutory bodies, if applicable. In case of violation the contract could be terminated after
providing an opportunity of hearing to the Selected Agency, at one months notice. Dispute
resolution shall be as per arbitration clause given in the contract.

1.9 Payment Terms

1.9.1 The Mission Director, NHM, UP will be the Paying Authority.

1.9.2 The Payment will be linked to the following delivery milestones. The milestones may be
achieved in any logical order of completion.

Timeline
S.No. Deliverables Payment %
(in months)
Deliverable 01: Research & Evaluation (assessment of
1 T+10 50%
Schemes/Programs)
1.1 Review of literature, Study design and development of tools T+1 5%
1.2 Research and Survey (Qualitative & Quantitative) T+7 10%
1.3 Analysis of data and first draft report T+9 15%
1.4 Finalization of document and final submission T+10 20%
2 Deliverable 02: Documentation/Photo Documentation T+6 25%
2.1 Collection of content, Review of literature, Outline of report T+1 2.5%
2.2 Field Visit for success stories, data from field T+2 5%
2.3 Photo-shoot T+3 5%
2.4 Analysis of data and first draft report T+5 5%
2.5 Finalization of document and final submission T+6 7.5%
3 Deliverable 03: Video Documentation T+4 25%
3.1 Review of literature, Script Outline and shoot plan T+1 5%
Video Documentation and submission of story board and
3.2 T+3 10%
first cut of shoot
3.3 Finalization of Deliverable T+4 10%

Note:
(i) T will be the day on which the selected Agency shall commence the work, which shall be
within Thirty (30) days of signing of Contract Agreement between Authority and the
successful Bidder.
(ii) *Deliverable 02: Agency will submit first draft report of minimum 2 (two)
Schemes/Programs within two months of commencement of work (T), and shall make
final submission after incorporation of feedback from Authority or its Authorized
representatives for the 2 (two) Schemes/Programs within three months of
commencement of work (T).
(iii) **Deliverable 03: Agency will submit first cut of shoot, of minimum 2 (two)
Schemes/Programs within one month of commencement of work (T) and final

Page 42 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

submission after incorporation of feedback from Authority or its Authorized


Representatives for the 2 (two) Schemes/Programs within two months of
commencement of work (T).
(iv) The 2 (two) Schemes/Programs each for Deliverable 02 and 03, have been asked earlier,
in order to review the quality of Deliverables being produced by the Agency and to
address any major gaps and align the Agency to Authoritys expectations, early on in the
Project.

1.9.3 The Agency shall submit a Self-Declaration Form after completion of each milestone, along
with the corresponding Reports/Documents/Photographs/Videos and invoice to the Nodal
Authority.

1.9.4 The Nodal Authority can raise objection within 07 days of receipt of Self-Declaration Form
along with the corresponding Reports/Documents/Photographs/Videos and invoice and
subsequent to which the verification claim will be considered approved if no objection is
raised.

1.9.5 In case objection is raised by the Nodal Authority, it can investigate the concerns with its
authorized representative(s) and the same will have to be addressed by the Agency before its
claim can be consider to be approved.

1.9.6 After receipt of approved verification report and receipt of invoice from the authorized
representative(s), Self-Declaration Form and corresponding Report/ Document from the
Agency, the Nodal Authority shall make 90% of the corresponding milestone linked payment
within 30 days of receipt of verification report & invoice or after 30 days of resolution of
dispute, whichever is later.
1.9.6.1 10% of the corresponding milestone linked payment will be withheld and will be released
after successful completion of milestones Finalization of Document and Final submission
for Deliverables 01 or 02 or Finalization of Deliverable and Final Submission of the Videos
for Deliverable 3 AND Adjustment for penalties, if any.

1.9.7 The payment will be subject to all Statutory Taxes, Tax Deducted at Source (TDS), as per
Applicable taxes and laws.

1.9.8 The Bidder/Selected Agency hereby acknowledges and agrees that it is not entitled to any
revision of the Payment Terms or other relief from the Paying Authority except in accordance
with the express provisions of this Agreement.

1.9.9 Penalties would apply on payments, as defined in Section 1.8.3 of this RFP document.

1.10 Other Terms and Conditions of the RFP and Contract

Page 43 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.10.1 Downstream Work

The Nodal Authority does not guarantee, support or state the possibility of any downstream work
arising of this contract. Downstream work and its procurement/bidding process strictly follows the
Government of India defined Conflict of Interest clauses.

1.10.2 Fraud and Corrupt Practices

1.10.2.1 The Bidders and their respective officers, employees, agents and advisers shall observe the
highest standard of ethics during the Selection Process. Notwithstanding anything to the
contrary contained in this RFP, the Nodal Authority shall reject a Bid without being liable in
any manner whatsoever to the Bidder, if it determines that the Bidder has, directly or
indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice (collectively the Prohibited Practices)
in the Selection Process. In such an event, the Nodal Authority shall, without prejudice to its
any other rights or remedies, forfeit and appropriate the Bid Security or Performance
Security, as the case may be, as mutually agreed genuine pre-estimated compensation and
damages payable to the Nodal Authority for, inter alia, time, cost and effort of the Authority,
in regard to the RFP, including consideration and evaluation of such Bidders Bid.

1.10.2.2 Without prejudice to the rights of the Nodal Authority under Clause above and the rights
and remedies which the Nodal Authority may have under the LOI or the Agreement, if a
Bidder / Selected Agency, as the case may be, is found by the Nodal Authority to have
directly or indirectly or through an agent, engaged or indulged in any corrupt practice,
fraudulent practice, coercive practice, undesirable practice or restrictive practice during the
Selection Process, or after the issue of the LOI or the execution of the Agreement, such
Bidder or Selected Agency shall not be eligible to participate in any Bid or RFP issued by the
Nodal Authority during a period of 2 (two) years from the date such Bidder or Selected
Agency, as the case may be, is found by the Nodal Authority to have directly or through an
agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice, as the case may be.

1.10.2.2.1 For the purposes of this Section, the following terms shall have the meaning hereinafter
respectively assigned to them:

Page 44 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.10.2.2.1.1 corrupt practice means (i) the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the action of any person connected with the
Selection Process (for avoidance of doubt, offering of employment to or employing or
engaging in any manner whatsoever, directly or indirectly, any official of the Nodal
Authority who is or has been associated in any manner, directly or indirectly with the
Selection Process or the LOI or has dealt with matters concerning the Agreement or
arising there from, before or after the execution thereof, at any time prior to the expiry
of one year from the date such official resigns or retires from or otherwise ceases to be
in the service of the Nodal Authority, shall be deemed to constitute influencing the
actions of a person connected with the Selection Process); or (ii) save as provided herein,
engaging in any manner whatsoever, whether during the Selection Process or after the
issue of the LOA or after the execution of the Agreement, as the case may be, any person
in respect of any matter relating to the Project or the LOA or the Agreement, who at any
time has been or is a legal, financial or technical consultant/ adviser of the Nodal
Authority in relation to any matter concerning the Project;

1.10.2.2.1.2 fraudulent practice means a misrepresentation or omission of facts or disclosure of


incomplete facts, in order to influence the Selection Process;

1.10.2.2.1.3 coercive practice means impairing or harming or threatening to impair or harm,


directly or indirectly, any persons or property to influence any persons participation or
action in the Selection Process;

1.10.2.2.1.4 undesirable practice means (i) establishing contact with any person connected with or
employed or engaged by Nodal Authority with the objective of canvassing, lobbying or in
any manner influencing or attempting to influence the Selection Process; or (ii) having a
Conflict of Interest; and

1.10.2.2.1.5 restrictive practice means forming a cartel or arriving at any understanding or


arrangement among Bidders with the objective of restricting or manipulating a full and
fair competition in the Selection Process.

1.10.3 Intellectual Property Rights

1.10.3.1 Nodal Authority shall remain the owner of all the content conceptualized, created, and
implemented by the selected agency under this RFP. All intellectual property rights in the
content whether in tangible or intangible form shall belong to Nodal Authority and the
selected agency has no right to assign, Licence, sell, or use any content conceptualized,
created and implemented under this RFP and/or accompanying Draft Contract Agreement
to any third party under any circumstances.

Page 45 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.10.3.2 All the content conceptualized, created and implemented by the selected agency whether
in tangible or intangible form shall bear relevant copyright notices as instructed by Nodal
Authority.

1.10.3.3 The selected agency shall take all such appropriate legal actions to safeguard violation of
Nodal Authoritys intellectual property rights, if any.

1.11 Conflict of Interest

1.11.1.1 A bidder shall not have a conflict of interest that may affect the Selection Process or the
Solution delivery (the Conflict of Interest). Any Bidder found to have a Conflict of Interest
shall be disqualified. In the event of disqualification, the Nodal Authority shall forfeit and
appropriate the EMD, if available, a mutually agreed genuine pre-estimated compensation
and damages payable to the Nodal Authority for, inter alia, the time, cost and effort of the
Nodal Authority including consideration of such Bidders Bid, without prejudice to any other
right or remedy that may be available to the Nodal Authority hereunder or otherwise.

1.11.1.2 The Nodal Authority requires that the Selected Agency provides solutions which at all times
hold the Nodal Authoritys interests paramount, avoid conflicts with other assignments or
its own interests, and act without any consideration for future work. The Selected Agency
shall not accept or engage in any assignment that would be in conflict with its prior or current
obligations to other clients, or that may place it in a position of not being able to carry out
the assignment in the best interests of the Nodal Authority.

1.11.1.3 Without limiting the generality of the above, a Bidder shall be deemed to have a Conflict of
Interest affecting the Selection Process, if:

1.11.1.3.1 the Bidder, its consortium member (the Member) or Associates (or any constituent
thereof) and any other Bidder, its consortium member or Associate (or any constituent
thereof) have common controlling shareholders or other ownership interest; provided that
this disqualification shall not apply in cases where the direct or indirect shareholding or
ownership interest of an Bidder, its Member or Associate (or any shareholder thereof
having a shareholding of more than 5 per cent of the paid up and subscribed share capital
of such Bidder, Member or Associate, as the case may be) in the other Bidder, its
consortium member or Associate is less than 5% (five per cent) of the subscribed and paid
up equity share capital thereof. For the purposes of this Clause, indirect shareholding held
through one or more intermediate persons shall be computed as follows:

Page 46 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.11.1.3.2 where any intermediary controlled by a person through management control or otherwise,
the entire shareholding held by such controlled intermediary in any other person (the
Subject Person) shall be taken into account for computing the shareholding of such
controlling person in the Subject Person; where a person does not exercise control over an
intermediary, which has shareholding in the Subject Person, the computation of indirect
shareholding of such person in the Subject Person shall be undertaken on a proportionate
basis; provided, however, that no such shareholding shall be reckoned under this Sub-
clause if the shareholding of such person in the intermediary is less than 26% (twenty six
per cent) of the subscribed and paid up equity shareholding of such intermediary; or

1.11.1.3.2.1 a constituent of such Bidder is also a constituent of another Bidder; or

1.11.1.3.2.2 such Bidder or its Associate receives or has received any direct or indirect subsidy or grant
from any other Bidder or its Associate; or

1.11.1.3.2.3 such Bidder has the same legal representative for purposes of this Application as any
other Bidder; or

1.11.1.3.2.4 such Bidder has a relationship with another Bidder, directly or through common third
parties, that puts them in a position to have access to each others information about, or
to influence the Application of either or each of the other Bidder; or

1.11.1.3.3 there is a conflict among this and other assignments of the Bidder. The duties of the Bidder
will depend on the circumstances of each case. While working on this particular
assignment, the Bidder shall not take up any assignment that by its nature will result in
conflict with the present assignment

1.12 Damages for Mishap/Injury

The Nodal Authority shall not be responsible for damages of any kind or for any
mishap/injury/accident caused to any personnel/property of the bidder while performing duty as
mentioned in Scope of Work in this RFP Document. All liabilities, legal or monetary, arising in that
eventuality shall be borne by the Selected Agency.

1.13 Termination of Contract

Page 47 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.13.1.1 The Nodal Authority may terminate the contract under following circumstances: If the
successful bidder withdraws its bid after its acceptance or fails to submit the required
Performance Securities for the initial contract and or fails to fulfill any other contractual
obligations. In that event, the Nodal Authority will have the right to purchase the services
from next eligible bidder and the extra expenditure on this account shall be recoverable from
the defaulter. The Earnest Money and the Performance Security deposited by the defaulter
shall also be recovered to pay the balance amount of extra expenditure incurred by the
Nodal Authority.

1.13.1.2 The following conditions will be treated as failure to fulfill the key contractual obligation:

1.13.1.2.1 Criminal Indictment and excess and/or forged billing to the Nodal Authority/ Paying
Authority

1.13.1.2.2 Insolvency

1.13.1.2.3 Failure to commence the services even after reaching the maximum Liquidated Damages
which is equal to the Performance Security amount.

1.13.1.3 The Selected Agency will be served a notice of termination by the Nodal Authority and will
be require to respond within 30 days failing which the services will be treated as Terminated.

1.13.1.4 In that event, the Nodal Authority will have the right to purchase the services from next
eligible bidder and the extra expenditure on this account shall be recoverable from the
defaulter. The earnest money and the performance security deposited by the defaulter shall
also be recovered to pay the balance amount of extra expenditure incurred by the Nodal
Authority.

1.14 Arbitration

1.14.1.1 If dispute or difference of any kind shall arise between the Nodal Authority and the Selected
Agency in connection with or relating to the contract, the parties shall make every effort to
resolve the same amicably by mutual consultations.

Page 48 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.14.1.2 If the parties fail to resolve their dispute or difference by such mutual consultations within
thirty days of commencement of consultations, then either the Nodal Authority or the
Selected Agency may give notice to the other party of its intention to commence arbitration,
as hereinafter provided. The applicable arbitration procedure will be as per the Arbitration
and Conciliation Act, 1996 of India and the rules there under. Any statutory modification
thereof for the time being in force shall be deemed to apply to the arbitration proceedings
under this clause. Arbitral Tribunal shall consist of three Arbitrators. Each Party shall appoint
one Arbitrator and both Arbitrator shall appoint Presiding Arbitrator. If the arbitrator to
whom the matter is initially referred is transferred or vacates his office or is unable to act
for any reason, he / she shall be replaced by another person, appointed by the party
appointing the outgoing Arbitrator, to act as the new Arbitrator. Such person shall be
entitled to proceed with the matter from the stage at which it was left by his predecessor.
The Arbitrator shall give reasoned award in case the amount of claim in reference exceeds
Rs. 1,00,000 (Rupees One Lakh)

1.14.1.3 Work under the contract, notwithstanding the existence of any such dispute or difference,
shall continue during arbitration proceedings and no payment due or payable by the Nodal
Authority or the Selected Agency shall be withheld on account of such proceedings unless
such payments are the direct subject of the arbitration.

1.14.1.4 Reference to arbitration shall be a condition precedent to any other action at law.

1.14.1.5 Venue of Arbitration: The venue of arbitration shall be Lucknow.

1.14.2 Applicable Law and Jurisdiction of Court

The contract shall be governed by and interpreted in accordance with the laws of India for the time
being in force. The Court located at Lucknow shall have jurisdiction to decide any dispute arising out
of in respect of the contract. It is specifically agreed that no other Court shall have jurisdiction in the
matter.

Page 49 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Appendix A: Forwarding Letter


(To be submitted by Bidder and in-case of Consortium by Lead Member on their Letterhead)

Date: ________________________

To
The Mission Director, National Health Mission
Vishal Complex, 19-A, Vidhan Sabha Marg
Lucknow-226001

Subject: Forwarding Letter RFP for Hiring of Agency for Research, Evaluation and Documentation of
NHM Programmes, Bid Reference Number _______________________.

Dear Sir/Maam,

1. We M/s ____________________________ [Names of all the Entities to be mentioned]


participating in this Bid as _____________ [Participation Status of the Bidder shall be
mentioned Single Entity/Consortium] are submitting, herewith our bid for providing
expertise of Research, Evaluation and Documentation of NHM Programmes.
We are enclosing Demand Draft No. _________________, Dated ___________ (Amount Rs
________________________) towards Bid Document Cost / Fee (if document has been
downloaded from website) and FD/BG No ______________________ Dated ___________
(Amount Rs ________________________) towards Earnest Money Deposit (EMD), drawn on
_______________ Bank in favour of State Health Society, Uttar Pradesh payable at Lucknow.
2. We agree to accept all the Terms & Condition stipulated in your Bid enquiry. We also agree to
submit Performance Security as per Section 1.7.5 of Bid Enquiry document.
3. We agree to keep our Price offer valid for the period stipulated in your Bid Enquiry.

Enclosures:

1.
2.
3.

Name and Signature of the Authorized Signatory: _______________________

Name of the Bidder: __________________________

Seal of the Bidder: _________________

Page 50 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Appendix B: Bidders Information


(To be furnished by Bidder and in-case of Consortium by Each Member on their Letterhead)

1. Name of the Bidder/Member (in-case of Consortium):

2. Full Registered Address:


Phone/Mobile Number:
Fax Number:
Email ID:

3. Type of Entity: OPC/Company/Society/Trust/LLP/Partnership or Any Institution formed under


an act of Parliament or State/UT Legislature of India

4. Details of Participating Entity for Bid: Single Entity/Consortium


Note: In-case of Consortium, kindly mention name and % stake of all the members in Consortium.
Also, kindly attach a Consortium Agreement between all the Members (with Lead Member should
have at least 51% stake of the Consortium, who shall be legally responsible for the Consortium and
its member) shall be executed on a Non Judicial Stamp Paper of Rs. 100 duly attested by Executive
Magistrate / Public Notary.

5. Registration Numbers (as applicable):

Particulars Details
PAN No.
Service Tax Registration No.
EPF Registration No.
ESI Registration No.
Sales Tax Registration No.
VAT Registration No.
Note: Kindly attach self-attested copy of the certifications that apply. In case of non-applicability
of any of the mentioned Certifications of Registration, the Bidder shall provide a Declaration on its
letter-head stating provisions under law for exemption

6. Copy of CA Certified or Audited Financial / Account Statements for the last 3 (three) Financial
Years (2013-14, 2014-15 and 2015-16). Also, kindly furnish a CA certified Statement for
Turnover in last 3 (three) Financial Years (2013-14, 2014-15 and 2015-16 as per the format in
Appendix I

7. Copy of the Income Tax Returns Acknowledgement for the last 3 (three) Financial Years (2013-
14, 2014-15 and 2015-16)

8. Experience Certificate of the Bidder. Refer to Appendix C.

9. Brief write-up about the OPC/Company/Society/Trust/LLP/Partnership or Any Institution


formed under an act of Parliament or State/UT Legislature of India. (use extra sheet if
necessary)

Page 51 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Date __________________________

Place __________________________

Name and Signature of the Authorized Signatory: _______________________

Name of the Bidder: __________________________

Seal of the Bidder: _________________

Page 52 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Appendix C: Experience Certificate


(To be CA Certified and to be furnished by Bidder and in-case of Consortium by Each Member)

Name of the Bidder/Member (in case of Consortium): M/s ________________________________

The following are the details of Assignment(s) in domain of Research & Evaluation /
Documentation/Photo Documentation / Video Documentation which are currently ongoing/have
been successfully completed, during the last Five Years:

Clients Date of Date of End Value of


Client Description of Domain of
Legal Award of of Assignment
# Name Assignment Assignment
Entity Assignment Assignment (in Rs.)
1 2 3 4 5 6 7

Note:
1. Kindly mention Name of the Client

2. Kindly mention Clients Legal Entity (For Example: Government


Organization/department/agencies/PSU, Public Ltd. Company, Private Ltd. Company etc.)

3. Performance Certificate/Users Certificate for each declared ongoing/successfully completed


Assignment(s) has to be MANDATORILY summited

4. Kindly mention Domain of Assignment (Research & Evaluation / Documentation/Photo


Documentation / Video Documentation)

5. Kindly mention Date of Award of Assignment in DD-MM-YYYY format

6. Kindly mention Date of End of Assignment in DD-MM-YYYY format. If the declared


Assignment(s) is currently ongoing, kindly mention Ongoing in the table

7. Kindly mention Value of the Assignment (in Rs.). If the declared Assignment(s) is a part of
Contract with greater scope, then please provide value of the declared Assignment(s)s as
mentioned in the table above
Attach extra sheet for above Performa if required.

Name and Signature of the Authorized Signatory: _______________________

Name of the Bidder: __________________________

Seal of the Bidder: _________________

Page 53 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Appendix D: Details of Bidders Project Execution Plan


(To be furnished by Bidder and in-case of Consortium by Lead Member on their Letterhead)

Check-list for submission of the following Particulars

Indicate with YES/NO, whether


S.No. Particulars supporting proof(s)/document(s)
are attached
Study Design, Research Methodology and
1.
Implementation Plan

2. Details of the Project Leader for Execution of Project

3. Details of Core Team Members

Note:
1. Study Design, Research Methodology and Implementation Plan:

A detailed report describing Bidders approach with respect to Study Design, Research
Methodology and Implementation Plan for the Project shall be attached. The report should
include Training, Rollout & Survey Plan, Data Quality Verification Plan, Mechanism to receive
& incorporate Feedback.

2. Details of the Project Leader for Execution of Project:

a. A declaration by the Bidder and in-case of Consortium by Lead Member on their


Letterhead, stating the appointment of the Project Leader along with his/her Name,
current designation and number of years of association, if the Contract is awarded to the
Bidder or Consortium.

b. Curriculum Vitae (CV) of the Project Leader which shall contain details of Educational
Background, details of Professional Experience and details of Experience of working with
any State/UT Government/Government of India or its organizations/ departments/
agencies/Public Sector Units

c. A copy of Letter of Appointment with the Bidder/Member (in-case of Consortium)

d. Project Leaders Education Qualification and Professional Experience should also be


summarized in table below:

Educational Qualification

Professional Experience (Number of Years)


(Experience in the domain of Research & Evaluation or
Documentation/Photo Documentation or Video
Documentation, in the domain of Public Health)

Page 54 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Experience (Number of Years) of working


with any State/UT Government or its
organizations / departments / agencies /
Public Sector Units OR Government of India
or its organizations/ departments/agencies/
Public Sector Units

3. Details of Core Team Members:

a. The Bidder shall submit details of Core Team Members on its Letterhead, which shall have
information as per the table mentioned below,

Name of Core Name of the


Date of Total Domain
S. Core Team Organization Educational Domain
Joining the Experience Experience
No. Team Member with which Qualification expertise^
Organization (in yrs.) (in yrs.)
Member Role# Employed

1.

2.

..

# Role can be any of the following: Design Expert / Documentation Expert / Communication Expert /
Statistician/Demographer, etc. The Bidder shall submit details of at least one unique Core Team
Member for every Team Role.

^ Domain expertise can be in area of Research, Evaluation, Documentation, Photo and Video
Documentation.

b. Curriculum Vitae (CV) of each of the Core Team Members should be enclosed (at least one
unique Core Team Member for every Team Role), which shall contain details of Educational
Background, details of Professional Experience and details of Experience of working with
any State/UT Government/Government of India or its organizations/ departments/
agencies/Public Sector Units.

Name and Signature of the Authorized Signatory: _______________________

Name of the Bidder: __________________________

Seal of the Bidder: _________________

Page 55 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Appendix E: Declaration by the Bidder


(To be furnished by the Bidder & In case of Consortium to be given separately by each member)

on a Non Judicial Stamp Paper of Rs. 100 duly attested by Executive Magistrate / Public Notary

1. I, the undersigned, do hereby certify that all the statements made in our bid are true and correct.
2. The undersigned hereby certifies that neither our ________ (Please mention: OPC /
Company / Society / Trust / LLP / Partnership or Any Institution formed under an act of Parliament
or State / UT Legislature of India) M/s __________________ nor any of its
Directors/President/Chairperson/Trustee has abandoned any work for the Government of Uttar
Pradesh or any other State Government or Government of India during last five years prior to
the date of this Bid.
3. The undersigned also hereby certifies that neither our ________ (Please mention: OPC /
Company / Society / Trust / LLP / Partnership or Any Institution formed under an act of Parliament
or State / UT Legislature of India) M/s __________________ nor any of its Directors / President
/ Chairperson / Trustee have been debarred / blacklisted by Government of Uttar Pradesh, or
any other State Government or Government of India for any work.
4. The undersigned further certifies that
a. Our ________ (Please mention: OPC / Company / Society / Trust / LLP / Partnership or Any
Institution formed under an act of Parliament or State / UT Legislature of India) M/s
__________________ has not been criminally indicted or punished for any offence, nor
is/are any criminal case(s) pending before any Competent Court; and/or
b. The Directors / President / Chairperson / Trustee of our ________ (Please mention: OPC /
Company / Society / Trust / LLP / Partnership or Any Institution formed under an act of
Parliament or State / UT Legislature of India) M/s __________________ criminally indicted
or convicted of any offence nor is/are any criminal case(s) or pending before any Competent
Court.
c. We have not been found guilty and are not found to be involved in any pending /ongoing
CBI or Criminal Litigations. In case of any pending /ongoing litigation(s) of the
aforementioned nature, involving our ________ (Please mention: OPC / Company / Society
/ Trust / LLP / Partnership or Any Institution formed under an act of Parliament or State / UT
Legislature of India), we agree to declare the same.
5. The undersigned hereby authorize(s) and request(s) any bank, person, firm, Competent
Authority or corporation to furnish pertinent information deemed necessary and requested by
Mission Director, NHM, UP, to verify this statement or regarding my (our) competence and
general reputation.
a. The undersigned understands and agrees that further qualifying information may be
requested, and agrees to furnish any such information at the request of the Mission
Director, National Health Mission, Uttar Pradesh

Signed by an Authorized Signatory of the Bidder: ____________________

Title of Officer: ____________________

Name of the Bidder/Member (in-case of Consortium): ____________________

Date: ______________ Place:_____________________________

Page 56 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Appendix F: Litigation Declaration Proforma


(If Applicable, to be furnished by the Bidder & In case of Consortium to be given separately by each
member on their Letterhead, wherever applicable)

S. No. Particulars Inputs / Remarks / Details

1. Case Name
2. Case Number

3. Government Order No. and details, if applicable


4. Name of the Court

5. Jurisdiction in which Case was Filed


6. Name(s) of Litigant(s)

7. Describe Nature of Litigation


8. Outcome of the Case

9. Any Additional Information

(Attach extra sheet for above Performa if required).

Name and Signature of the Authorized Signatory: _______________________

Name of the Bidder: __________________________

Seal of the Bidder: _________________

Page 57 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Appendix G: Financial Bid


(To be furnished by Bidder and in-case of Consortium by Lead Member, online in the BoQ)

Note: This financial proposal will be submitted on line (BoQ) by following terms and condition given
below and Bidder should not upload this format along with the technical proposal. If the financial
bid is uploaded as the part of technical proposal then the bid will be liable for rejection.

Terms and Conditions of the Price offerings:

1. A SINGLE PRICE needs to be quoted by the Bidder, for performing all the responsibilities in the
Scope of Work and should be mentioned under point no. 3 only.
2. Bidders quoting conditional pricing or different prices for different procedures will be rejected
straight way at the time of opening of the Financial Bid.
3. The Financial Bid Price quoted by the Bidder shall be the Total Price (Cost of Research &
Evaluation, Documentation/Photo Documentation and Video Documentation along with all the
applicable taxes, but exclusive of applicable Service Tax).

FINANCIAL BID PRICE (D) = Rs. __________. (In Words: Rs. ______________________________).

Please note for Financial Bid Price (D) quoted in point no. 3 above, the Bidder has to provide a
calculation for arriving at Financial Bid Price (D) in point no. 4 below.

4. Price Schedule calculation for arriving at Final Financial Bid Price (D):
Cost per
No. of
Schemes/
# Description of Deliverables Schemes/ Total (in Rs.)
Programs
Programs
(in Rs.)
Deliverable 01: Research & Evaluation
1. 13 A1 C1 = 13 x A1
(assessment of Schemes/Programs)
Deliverable 02: Documentation/Photo
2. 10 A2 C2 = 10 x A2
Documentation
3. Deliverable 03: Video Documentation 7 A3 C3 = 7 x A3

FINANCIAL BID PRICE (D) D = C1 + C2 + C3

Signature of the Authorized Signatory _____________________________

Name and Designation of the Authorized Signatory _____________________________

Seal of the Bidder: _________________

Page 58 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Page 59 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Appendix H: Proforma for Bank Guarantee for EMD & Performance Security

Format for Bank Guarantee for Earnest Money Deposit (EMD)


(To be issued by any Indian Scheduled Commercial Bank)

Whereas M/s ___________________________________________ (hereinafter called the Bidder)


has submitted their offer dated _____________ for the supply of under RFP for Hiring of Agency for
Research, Evaluation and Documentation of NHM Programmes (hereinafter called the Project)
against Nodal Authoritys Bid Reference Number ___________________.

KNOW ALL MEN by these presents that WE M/s ____________________________ of __________


having registered office at ____________________________ are bound unto Mission Director, NHM,
UP (hereinafter called the Nodal Authority) in the sum of Rs. ____________________ (Rupees
______ only) for which payment will and truly to be made in favour of State Health Society, Uttar
Pradesh, the Bank binds itself, its successors and assigns by these presents.

Sealed with Common Seal of the said bank this ______ day of ________ 20_____.

THE CONDITIONS OF THIS OBLIGATION ARE:


1) If the Bidder withdraws or amends, impairs or derogates from the Bid in any respect within the
Period of Validity of this Bid.
2) If the Bidder having been notified of the acceptance of his Bid by the Nodal Authority during the
Period of its Validity,
a. Fails to furnish the Performance Security for the due performance of the Contract.
b. Fails or refuses to accept/execute the Contract.

We undertake to pay the Nodal Authority up to the above amount upon receipt of its first
written demand, without the Nodal Authority having to substantiate its demand, provided that in the
demand the Nodal Authority will note that amount claimed by it is due to its owing to the occurrence
of one or both the two conditions, specifying the occurred condition or conditions.
This guarantee will remain in force up to and including 45 (Forty-Five) days after the period
of Bid validity and any demand in respect of should reach the Bank not later than the above date.

Signature of the Authorized Officer of the Bank: _________________________________

Name and Designation of the Officer: _________________________________

Seal, Name and Address of the Bank/Branch: _________________________________

Page 60 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Format for Bank Guarantee for Performance Security


(To be issued by any Indian Scheduled Commercial Bank)

Date: __________________

To
The Mission Director, National Health Mission
Vishal Complex, 19-A, Vidhan Sabha Marg
Lucknow-226001

Dear Sir/Maam,

1. We understand that __________ (the Agency) has entered into a Service Agreement
dated __________ (the Agreement), with the Nodal Authority, whereby the Agency has
undertaken to provide the Services, subject to and in accordance with provisions of the
Agreement.

2. The Agreement requires the Agency to furnish a Performance Security to the Nodal
Authority in a sum of Rs. __________ (Rupees __________ Lakh) (the Guarantee Amount)
as security for due and faithful performance of its obligations, under and in accordance with
the Agreement, during the Term as per the provisions of the Agreement.

3. We __________, through our Branch at __________ (the Bank) have agreed to furnish
this Bank Guarantee by way of Performance Security

NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and affirms as
follows:

1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful
performance of the Agencys obligations during the Term, under and in accordance with the
Agreement, and agrees and undertakes to pay to the Nodal Authority, upon its mere first
written demand, and without any demur, reservation, recourse, contest or protest, and
without any reference to the Agency, such sum or sums up to an aggregate sum of the
Guarantee Amount as the Nodal Authority shall claim, without the Nodal Authority being
required to prove or to show grounds or reasons for its demand and/or for the sum specified
therein.

2. A letter from the Nodal Authority, under the hand of an Officer duly authorized by the Nodal
Authority, that the Agency has committed default in the due and faithful performance of all
or any of its obligations under and in accordance with the Agreement shall be conclusive,
final and binding on the Bank. The Bank further agrees that the Nodal Authority shall be the
sole judge as to whether the Agency is in default in due and faithful performance of its
obligations during the Term under the Agreement and its decision that the Agency is in
default shall be final, and binding on the Bank, notwithstanding any differences between
the Nodal Authority and the Agency, or any dispute between them pending before any

Page 61 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

court, tribunal, arbitrators or any other authority or body, or by the discharge of the Agency
for any reason whatsoever.

3. In order to give effect to this Guarantee, the Nodal Authority shall be entitled to act as if the
Bank were the principal debtor and any change in the constitution of the Agency and/or the
Bank, whether by their absorption with any other body or corporation or otherwise, shall
not in any way or manner affect the liability or obligation of the Bank under this Guarantee.

4. It shall not be necessary, and the Bank hereby waives any necessity, for the Nodal Authority
to proceed against the Agency before presenting to the Bank its demand under this
Guarantee.

5. The Nodal Authority shall have the liberty, without affecting in any manner the liability of
the Bank under this Guarantee, to vary at any time, the terms and conditions of the
Agreement or to extend the time or period for the compliance with, fulfilment and/ or
performance of all or any of the obligations of the Agency contained in the Agreement or to
postpone for any time, and from time to time, any of the rights and powers exercisable by
the Nodal Authority against the Agency, and either to enforce or forbear from enforcing any
of the terms and conditions contained in the Agreement and/or the securities available to
the Nodal Authority , and the Bank shall not be released from its liability and obligation
under these presents by any exercise by the Nodal Authority of the liberty with reference
to the matters aforesaid or by reason of time being given to the Agency or any other
forbearance, indulgence, act or omission on the part of the Nodal Authority or of any other
matter or thing whatsoever which under any law relating to sureties and guarantors would
but for this provision have the effect of releasing the Bank from its liability and obligation
under this Guarantee and the Bank hereby waives all of its rights under any such law.

6. This Guarantee is in addition to and not in substitution of any other guarantee or security
now or which may hereafter be held by the Nodal Authority in respect of or relating to the
Agreement or for the fulfilment, compliance and/or performance of all or any of the
obligations of the Agency under the Agreement.

7. Notwithstanding anything contained hereinbefore, the liability of the Bank under this
Guarantee is restricted to the Guarantee Amount and this Guarantee will remain in force
for the period specified in paragraph 8 below and unless a demand or claim in writing is
made by the Nodal Authority on the Bank under this Guarantee, not later than 6 (six)
months from the date of expiry of this Guarantee, all rights of the Nodal Authority under
this Guarantee shall be forfeited and the Bank shall be relieved from its liabilities hereunder.

8. The Performance Security shall cease to be in force and effect till the subsistence of the
Agreement and provided the Agency is not in breach of this Agreement. On successful
completion of Term and upon request made by the Agency for release of the Performance
Security along with the particulars required hereunder, duly certified by a statutory auditor
of the Agency, the Nodal Authority shall release the Performance Security forthwith.

Page 62 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

9. The Bank undertakes not to revoke this Guarantee during its currency, except with the
previous express consent of the Nodal Authority in writing, and declares that it has the
power to issue this Guarantee and the undersigned has full powers to do so on behalf of the
Bank.

10. Any notice by way of request, demand or otherwise hereunder may be sent by post
addressed to the Bank at its above referred Branch, which shall be deemed to have been
duly authorized to receive such notice and to effect payment thereof forthwith, and if sent
by post it shall be deemed to have been given at the time when it ought to have been
delivered in due course of post and in proving such notice, when given by post, it shall be
sufficient to prove that the envelope containing the notice was posted and a certificate
signed by an officer of the Nodal Authority that the envelope was so posted shall be
conclusive.

11. This Guarantee shall come into force with immediate effect and shall remain in force and
effect for a period of _________ months or until it is released earlier by the Nodal Authority
pursuant to the provisions of the Agreement.

Signed and sealed this ________ Day of ________ 20_____.

SIGNED, SEALED AND DELIVERED

For and on behalf of the BANK

by:

Signature:

Name:

Designation:

Address:

Page 63 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Appendix I: Format for CA Certified Turnover Statement


(To be on the Letterhead of CA and to be furnished by the Bidder & In case of Consortium by Each
Member)

We have examined the books of M/s _____________________________ (Please mention: Name of


Bidder/Member in-case of Consortium) having its registered office at ___________________________
and certify that the ______________ (Please mention: OPC/Company/Society/Trust/LLP/Partnership
or Any Institution formed under an act of Parliament or State/UT Legislature of India) has following
turnover for the Financial Years 2013-14, 2014-15 & 2015-16.

Financial Year Turnover (in Rs.) (in Lakhs)


2013-14
2014-15
2015-16

Place: _____________

Date: ______________

Name of CA Firm: ____________________

Firm Registration No.: ___________________

Seal of the CA Firm: ______________

Signature and Name of the Partner: ___________________

Membership No. of Partner: _____________

Page 64 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Appendix J: Format for Power of Attorney for Signing of Proposal


(To be furnished by the Bidder & In case of Consortium by Lead Member)

On a Non Judicial Stamp Paper of Rs. 100 duly attested by Executive Magistrate / Public Notary

POWER OF ATTORNEY

Know all men by these present, we ____________________ (Name and Address of the Registered
office of the Single Entity / Lead Member) do hereby constitute, appoint and authorise Mr. / Ms.
__________________R/o ___________ (Name and Address of Residence) who is presently employed
with us and holding the position of ______________ as our Authorised Representative, to do in our
name and on our behalf, all such acts, deeds and things necessary in connection with or incidental to
the bid of the ______________ (Name of the Single Bidding Entity) / Consortium consisting of
(1)______________, (2)______________ and (3)______________ (Please state the Name and
Address of the Members of the Consortium) for RFP for Hiring of Agency for Research, Evaluation and
Documentation of NHM Programmes (the Project), including signing and submission of all
documents and providing information / responses to Mission Director, NHM, UP, representing us in
all matters in connection with our bid for the said Project.

We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant to this
Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall and shall
always be deemed to have been done by us.

This Power of Attorney shall be effective, binding, and operative till ___________, if not revoked
earlier or as long as the said Attorney is in the service of the Company, whichever is earlier.

For: _________________(Signature)

(Name, Title and Address)

Accept: _________________(Signature)

(Name, Title and Address of the authorised representative)

Notes:

1. To be executed by the Single Entity or the Lead Member in case of a Consortium.

2. The mode of execution of Power of Attorney should be in accordance with the procedure, if any,
laid down by the applicable law and the charter documents of the executant(s) and when it is so
required the same should be under common seal affixed in accordance with the required
procedure.

Page 65 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

3. Also, wherever required, the executant(s) should submit for verification the extract of the charter
documents and documents such as a resolution / Power of attorney in favour of the Person
executing this Power of Attorney for the delegation of power hereunder on behalf of the
executant(s).

Page 66 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Appendix K: List of Schemes/Programs for Deliverables 01, 02 & 03

Deliverable 01: Research & Evaluation (Assessment of 13 Schemes/Programs) of NHM UP on


RMNCH+A and National Programs

Expected Output: A Study report with qualitative and quantitative data compilation with anecdotes
and Case studies for each Schemes/Programs. Each Study Report should present complex concepts
and findings in an accessible and engaging manner, should have the same Look and Feel and should
have clear branding and incorporate Logo defined by the Nodal Authority. The report shall be
submitted in Hard Copy (10 (ten) coloured copies) and Soft Copy (.cdr file, .pdf and .docx format),
should be of 7,500 10,000 words (excluding Annexures) for each of the 13 Schemes/Programs. The
submitted report shall be in Hindi and English language.

List of Schemes/Programs for Deliverable 01


S. Division/ Schemes/Programs Target
Design
No. program Indicators domain groups
1. PPIUCD Discontinuation Women Assuming 50% discontinuation rate
Scheme rate who (CBTS-2015) within 6 month & lost to
Assessment FP counselling adopted follow up cases, a minimum sample
PPIUCD in size of 350 in each zone (total
last 7 days 350x5=1750) is required.
Required number of facilities will be
selected from each zone using PPS
and individual women who had
adopted PPIUCD will be followed up
at certain intervals (3 times) for 6
2. FP Assessment of months to compute the
counselling Counsellors discontinuation rate. The factors
counselling at the associated with the discontinuation
Facilities on Family rate, individual level, community
Planning level and facility level (counselling &
other quality of services), will be
assessed through structured
interview of women and facility
assessment. Life table/survival
methods will be used to calculate
discontinuation rate and adjusted
hazard ratio will be computed to
identify the factors associated with
discontinuation.
The service statistics data from these
facilities will also compiled (from
HMIS and registers) to see the change
in service uptake before & after
introduction of counselling session to
assess whether there is any effect on
counselling on service uptake. The
quality of counselling will also be

Page 67 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

List of Schemes/Programs for Deliverable 01


S. Division/ Schemes/Programs Target
Design
No. program Indicators domain groups
assed interviewing 5 women from
each facility (for all method) to
provide reasonable estimates of
quality of counselling by type of
method, total sample (400 clients).

3. Hausla Performance of Private 80 providers will be selected


Saaghedaari service providers providers randomly using PPS based on the
Clients satisfaction (from web number of sterilization cases, across
portal) & all five cultural zones. In addition,
Clients who booster sampling will be used to
adopted select additional providers required
female for IUCD cases. The quality of care
sterilization will be assessed using a standard
or IUCD on checklist following the GoI guidelines.
the day of For each of the providers 5 number of
assessment clients will be selected for client
satisfaction, total 400 clients will be
interviewed for assessing level of
clients satisfaction.
4. Effect of Distribution of ASHA and Required number of ASHAs will be
Condom Condom and actual men selected, randomly, from each of the
distribution use received 5 zones (approx. 100 per zone). The
program on condoms in stock and distribution will be
Family last one assessed from her register. Selected
Planning month number of beneficiaries (2-3) will be
visited to assess their behaviour on
condom use, exposure to program,
information and counselling.
5. Effectivity Effect of incentive ASHA In 5 zones around 15-20 in depth
of ANC provided to ANC interview will be conducted, in each
Check-up zone, among the ASHAs to identify
scheme the role of ASHA incentive on ANC
check-up, issues and problems
related to incentives. It will also be
explored what are the other factors
that motivates ASHAs to mobilize
women for ANC check-up.
6. MDR Re-validation of ASHA, The detail analysis of the existing
Scheme Maternal Death ANM, MDR data will be done to identify the
Assessment Audit MOICs, data quality gaps by an expert team
CMOs and (Statistician & Clinical). Followed by
DMs that the team will also conduct in

Page 68 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

List of Schemes/Programs for Deliverable 01


S. Division/ Schemes/Programs Target
Design
No. program Indicators domain groups
depth interviews among ASHA (15),
ANM (15), MOICs (10), CMOs (10)
and DMs (10) to understand the
barriers and challenges in identifying,
reporting and conducting maternal
death audits.
7. JSSK Relation between Facility & The historical data on utilization of
JSSK and case Women JSSK funding and beneficiaries (HMIS
fatality rate who and other report) will be used from
8. NIPI Assessment of NIPI delivered 10 facilities (10 DH and 10 CHC)
Scheme in last one across five zones to understand and
year per capita utilization of JSSK, bed
9. IEC Assessment of utilization, referral & drop back
Mass Media facilities. The data on maternal and
Activities and new born mortality will be retrieved
Campaigns from hospital records to compute
10. VHND Assessment of CFR. The data quality assessment
VHND Scheme should also be done.
A community level survey will also be
conducted in the catchment areas of
the selected facilities covering 2500
(500 from each zone) who delivered
in these facilities in last one year to
measure the OPE who delivered in
the facility.
11. NRC Assessment of post NRC Around 2000 (400 per zone) new
program discharge (follow- born and children admitted in the
up) care to the NRC in last one year will be followed
children up to track their nutritional & survival
Impact on status at the community.
Morbidity Rate The NRC assessment will also be
Linkages between conducted to assess the availability
SNCUs discharge and quality of care at NRCs.
and NRC
Improvement of
SAMs and severally
underweight
children
12. SNCU CFR rate SNCU Total 10 SNCUs will be selected based
Quality of care on the admission load. The CFR will
Referral and follow be compared for last two years using
up mechanism facility records.
The SNCU assessment will also be
conducted to understand the quality
of care and service in the SNCUs.

Page 69 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

List of Schemes/Programs for Deliverable 01


S. Division/ Schemes/Programs Target
Design
No. program Indicators domain groups
13. Sampoorna Availability of HR, Women Five clinics will be selected in the five
clinic equipment, drugs who zones and facility records will be
in the clinics sought assessed to compute indicators such
Quality of care services as: Identification, treatment, referral
Sampoorna and follow up rate, cancer cure rate,
clinics and other critical indicators.
A clients satisfaction survey will also
be carried out covering 100 clients.

Deliverable 02: Evidence based Documentation/Photo Documentation of best practices of NHM, UP


on RMNCH+A and National Programs for 10 Schemes/Programs

Expected Output: A Well designed document based on brief evidence based information, process
details, anecdotes, Success stories for each Schemes/Programs, with narration in Hindi and English
language. Each Document should present complex concepts and findings in an accessible and engaging
manner, should incorporate Visual Contents, should have the same Look and Feel and should have
clear branding and incorporate Logo defined by the Nodal Authority. The document shall be submitted
in Hard and Soft Copy (.cdr file, .pdf and .docx format) & 200 High Resolution Colored Pictures (size
6MB-10MB for each photograph) in .jpeg file format (in digital format) and also in Photo Album (in
hard copy) need to be submitted for each of the 10 Schemes/Programs. The High-Resolution Colored
Pictures (in digital format) shall be submitted in a single Hard Disk for all Schemes/Programs and a
separate DVD for each Scheme/Program (DVD should have cover design and label).

List of Schemes/Programs for Deliverable 02


S.No. Division / Program Schemes/ Programs / Topic of Assessment
1. Child Health NRC
2. Child Health / Community Process HBNC
3. VHIR
Community Process
4. RSK and Hospital Management
5. NCD Sampoorna Clinic
6. Quality Assurance Kaayakalp
7. Child Health SNCUs (Sick New Born Care Unit)
8. UPHSSP Free Diagnostics and Dialysis Scheme
9. EMTS 102/108 Ambulance
10. Family Planning PPIUCD

Deliverable 03: Video Documentation of best practices of 07 NHM, UP Schemes/Programs

Expected Output: A 5-8 minutes short, crisp, well edited, very creative video with voice over along
with subtitles in Hindi/English language, with clear messages for each Schemes/Programs. Each Video
should have the same Look and Feel and should have clear branding and incorporate Logo defined
by the Nodal Authority. The video shall be submitted in .mp4 format and in a format compatible for

Page 70 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

uploading into the Websites, YouTube, Social media sites and need to be of at least 1080p resolution
(Full High Definition) for each of the 07 Schemes/Programs. The videos shall be submitted in a single
Hard Disk for all Schemes/Programs and a separate DVD for each Scheme/Program (DVD should have
cover design and label). Agency shall also submit the complete raw/unedited footage to the Authority
separately in (a) Hard Disk(s).

List of Schemes/Programs for Deliverable 03


S.No. Division / Program Schemes / Programs / Topic of Assessment
1. Child Health NRC
2. NCD Sampoorna Clinic
3. Quality Assurance Kaayakalp
Child Health / Community
4. HBNC
Process
5. RSK and Hospital Management
Community Process
6. VHND
7. Family Planning Counselling and Fixed Day services on FP at facility level

Page 71 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Appendix L: Zone-wise District details

Zone Name District Name


Western UP 1. Saharanpur
2. Muzaffar Nagar
3. Bijnor
4. Moradabad
5. Rampur
6. Bareilly
7. Shahjahanpur
8. Badaun
9. Sambhal
10. Amroha
11. Meerut
12. Shamli
13. Baghpat
14. Ghaziabad
15. Hapur
16. Bulandshahar
17. Gautam Buddha Nagar
18. Aligarh
19. Kasganj
20. Kannauj
21. Hathras
22. Mathura
23. Agra
24. Firozabad
25. Etawah
Central UP 26. Auraiya
27. Etah
28. Mainpuri
29. Farukkhabad
30. Hardoi
31. Sitapur
32. Barabanki
33. Lucknow
34. Unnao
35. Kanpur Nagar
36. Kanpur Dehat
37. Fatehpur
38. Raebareli
Eastern UP 39. Basti
40. Sant Kabir Nagar
41. Gorakhpur

Page 72 of 73
RFP for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Zone Name District Name


42. Kushi Nagar
43. Deoria
44. Ballia
45. Mau
46. Azamgarh
47. Ambedkar Nagar
48. Sultanpur
49. Amethi
50. Pratapgarh
51. Jaunpur
52. Varanasi
53. Ghazipur
54. Chandauli
55. Sonbhadra
56. Mirzapur
57. Bhadohi
58. Allahabad
59. Kaushambi
60. Faizabad
Bundelkhand 61. Jalaun
62. Jhansi
63. Lalitpur
64. Mahoba
65. Hamirpur
66. Banda
67. Chitrakoot
Tarai Belt 68. Gonda
69. Pilibhit
70. Lakhimpur Kheri
71. Bahraich
72. Shravasti
73. Balrampur
74. Siddharth Nagar
75. Maharajganj

Page 73 of 73
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

SERVICE / CONTRACT AGREEMENT

This Service Agreement (hereinafter referred to as Agreement) is made and entered into on the
[]1 day of [month], [year] by and between:

Mission Director, National Health Mission, Uttar Pradesh (OR Mission Director, National Health
Mission, Uttar Pradesh designated Authorized Representative), established under the [],
represented by its [] and having its principal offices at [] (hereinafter referred to as the
"Authority" which expression shall, unless repugnant to the context or meaning thereof, include
its administrators, successors and assigns) of the First Part;

AND

[], a [] incorporated under the provisions of the []2 and having its registered office at [],
(hereinafter referred to as the "Agency" which expression shall, unless repugnant to the context
or meaning thereof, include its successors and permitted assigns and substitutes) of the Second
Part.

WHEREAS

A. The Authority had invited proposals vide Request for Proposal Document bearing No. []
dated [] (the "Bid Notice") from Agencies for Hiring of Agency for Research, Evaluation
(assessment of Schemes/Programs) and Documentation of NHM Programmes;

B. After evaluation of the Bid(s) received, the Authority had accepted the Financial bid:
<Financial Bid Quote of the Agency> of the Agency and issued a letter
of acceptance No. [] dated [] (hereinafter called the "LOA") to the Agency requiring, inter
alia, the execution of this Agreement;

C. The Agency has agreed to undertake and perform its obligations with respect to the Project,
subject to and on the terms and conditions set forth hereinafter.

D. The Agency has agreed to meet the requirements and terms and conditions of the Scope of
the Project (Article 2) and has been successfully selected by the Authority as per the laid
down bidding process in the RFP document.

NOW THEREFORE in consideration of the foregoing and the respective covenants and
agreements set forth in this Agreement, the sufficiency and adequacy of which is hereby
acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

1 All project-specific provisions in this document have been enclosed in square parenthesis and may be modified
suitably, as necessary
2 Reference may be made alternatively to the type of company/society/trust which is setting up the Project

Page 1 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

NATIONAL HEALTH MISSION,


UTTAR PARDESH

REQUEST FOR QUALIFICATION (RFQ) CUM REQUEST


FOR PROPOSAL (RFP) BID DOCUMENT

HIRING OF AGENCY FOR RESEARCH, EVALUATION


AND DOCUMENTATION OF NHM PROGRAMMES

PART II Draft Contract Agreement

National Health Mission, Uttar Pradesh


Mission Director, NHM-UP
Vishal Complex, 19-A. Vidhan Sabha Marg
Lucknow (Uttar Pradesh) India - 226001
Phone: 0522 2237496, 2237522
Fax: 0522 2237574, 2237390
Website: http://upnrhm.gov.in
Email: gmiecnrhm@gmail.com

[], 2017

Page 2 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

TABLE OF CONTENT
SERVICE / CONTRACT AGREEMENT ....................................................................................... 1
TABLE OF CONTENT ................................................................................................................... 3
1 ARTICLE 1: DEFINITIONS AND INTERPRETATION .................................................. 4
2 ARTICLE 2: SCOPE OF THE PROJECT ............................................................................ 13
3 ARTICLE 3: TERM OF AGREEMENT ............................................................................. 21
4 ARTICLE 4: CONDITIONS PRECEDENT ...................................................................... 22
5 ARTICLE 5: RIGHTS AND OBLIGATIONS OF THE AGENCY .................................. 23
6 ARTICLE 6: OBLIGATIONS OF THE AUTHORITY .................................................... 26
7 ARTICLE 7: REPRESENTATIONS AND WARRANTIES ............................................ 28
8 ARTICLE 8: DISCLAIMER ................................................................................................ 30
9 ARTICLE 9: PERFORMANCE SECURITY ..................................................................... 31
10 ARTICLE 10: MAINTENANCE OF EQUIPMENT ............................................................ 32
11 ARTICLE 11: SAFETY REQUIREMENTS ...................................................................... 33
12 ARTICLE 12: MONITORING OF SERVICES ................................................................. 34
13 ARTICLE 13: PERIODICITY AND METHODOLOGY OF PAYMENT .......................... 35
14 ARTICLE 14: INTELLECTUAL PROPERTY RIGHTS ..................................................... 37
15 ARTICLE 15: INSURANCE ................................................................................................ 38
16 ARTICLE 16: FORCE MAJEURE ................................................................................. 39
17 ARTICLE 17: SUSPENSION OF AGENCY RIGHTS ..................................................... 43
18 ARTICLE 18: TERMINATION .......................................................................................... 44
19 ARTICLE 19: SERVICE CONTINUITY REQUIREMENTS ............................................ 47
20 ARTICLE 20: DEFECTS LIABILITY AND ASSIGNMENT ......................................... 48
21 ARTICLE 21: CHANGE IN LAW ....................................................................................... 49
22 ARTICLE 22: INDEMNITY................................................................................................ 50
23 ARTICLE 23: APPLICABLE ACCESS PERMITS .......................................................... 53
24 ARTICLE 24: DISPUTE RESOLUTION ........................................................................... 54
25 ARTICLE 25: MISCELLANEOUS .................................................................................... 55
26 ARTICLE 26: COMPENSATION UPON TERMINATION ............................................... 59
SCHEDULE A: LIST OF SCHEMES/PROGRAMS FOR DELIVERABLES 01, 02 & 03 ......... 61
SCHEDULE B: SERVICE REQUIREMENTS ............................................................................. 65
SCHEDULE C: FORMAT OF PERFORMANCE SECURITY.................................................... 67
SCHEDULE D: ZONE-WISE DISTRICT DETAILS ................................................................... 70

Page 3 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1 ARTICLE 1: DEFINITIONS AND INTERPRETATION

1.1 Definitions

The words and expressions beginning with capital letters and defined in this Agreement
shall, unless the context otherwise requires, have the meaning ascribed thereto herein,
and the words and expressions defined in the Schedules and used therein shall have the
meaning ascribed thereto in the Schedules.

In this Agreement, the following words and expressions shall, unless repugnant to the
context or meaning thereof, have the meaning hereinafter respectively assigned to them:

Accounting Year means the financial year commencing from the first day of April of
any calendar year and ending on the thirty-first day of March of the next calendar year;

Affected Party shall have the meaning set forth in Clause 16.1;

Agency shall have the meaning attributed thereto in the array of Parties hereinabove as
being the Party signing the Contract Agreement with the Authority to provide the
required services;

Agency Default shall have the meaning set forth in Clause 18.1.1;

Agreement means this Agreement, its Recitals, the Schedules hereto and any
amendments thereto made in accordance with the provisions contained in this
Agreement;

ANC means Ante Natal Care;

Applicable Laws means all laws, brought into force and effect by Government of India
or the State Government of Uttar Pradesh including rules, regulations and notifications
made thereunder, and judgements, decrees, injunctions, writs and orders of any court of
record, applicable to this Agreement and the exercise, performance and discharge of the
respective rights and obligations of the Parties hereunder, as may be in force and effect
during the subsistence of this Agreement;

Applicable Permits shall have the meaning set forth in Clause 23.1.1;

Appointed Date means the date on which the Conditions Precedent of both the Parties
have been met and shall be deemed to be the date of commencement of the Term;

Arbitration Act means the Arbitration and Conciliation Act, 1996 and shall include
modifications to or any re-enactment thereof, as in force from time to time;

ASHA means Accredited Social Health Activist;

Assets means (a) contractually acquired, need based permits for access to the field
locations in the form of Authority provided authorization or otherwise; (b)
Reports/data/literatures with respect to Studies/Initiatives/Campaigns; (c) assets such as
software and licence(s), and Intellectual Properties; (d) all rights of the Agency under the
Agreement; (e) financial assets, such as receivables, security deposits etc. (f) physical
equipment owned and used by the Agency under this Agreement, and (g) insurance
proceeds;

Page 4 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Associate or Affiliate means, in relation to either Party, a person who is under


significant influence of such Party (as used in this definition, the expression significant
influence means, with respect to a person which is a company or corporation, the
ownership, directly or indirectly, of more than 50% (fifty per cent) of the total share
capital of such person, and with respect to a person which is not a company or
corporation, the power to direct the management and policies of such person, whether by
operation of law or by contract or otherwise);

Authority means the Contracting Authority, which is Mission Director, National


Health Mission, Uttar Pradesh (OR Authorized Representative designated by the Mission
Director, National Health Mission, Uttar Pradesh);

Authority Default shall have the meaning set forth in Clause 18.2.1;

Authority Representative means such person or persons as may be authorised in writing


by the Authority to act on its behalf under this Agreement and shall include any person
or persons having Authority to exercise any rights or perform and fulfil any obligations
of the Authority under this Agreement;

AWW means Anganwadi Worker;

Bank means a bank incorporated in India and having a minimum net worth of Rs. 1,000
crores (Rupees One Thousand Crore) or any other bank acceptable to Senior Lenders (if
any), but does not include a bank in which any Senior Lender has an interest;

Bank Rate means the rate of interest specified by the Reserve Bank of India from time
to time in pursuance of Section 49 of the Reserve Bank of India Act, 1934 or any
replacement of such Bank Rate for the time being in effect;

BCC means Behaviour Change Communication;

Bid means the documents in their entirety comprised in the bid submitted by the
Agency in response to the request for proposal (RFP) and the provisions thereof;

Bid Notice means a notice published on relevant media platform for inviting
prospective bidders to participate in a Bid Process;

Bid Security means the security provided by the Agency to the Authority along with
the Bid in a sum of Rs. [] Lakh (Rupees [] Lakh), in accordance with the Bid
documents, and which is to remain in force until substituted by the Performance Security;

CHC means Community Health Centre;

Company means the Company acting as the Agency under this Agreement;

Commissioning Date shall mean the date on which the Agency shall commence the
work, post the Appointed Date;

Conditions Precedent shall have the meaning set forth in Clause 4.1.1;

Contingency means a condition or situation that is likely to endanger the individuals


within the territorial jurisdiction of the State of Uttar Pradesh;

Page 5 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Contractor means the person or persons, as the case may be, with whom the Agency
has entered into any contract or any other agreement or contract for provision of the
Services or matters incidental thereto, for and on behalf of the Agency. The Agency shall
and will remain solely responsible to the Authority for the overall obligations and
liabilities of the Contractor engaged under this Agreement;

Cure Period means the period specified in this Agreement for curing any breach or
default of any provision of this Agreement by the Party responsible for such breach or
default and shall:
(a) commence from the date on which a notice is delivered by one Party to the other
Party asking the latter to cure the breach or default specified in such notice;
(b) not relieve any Party from liability to pay Damages or compensation under the
provisions of this Agreement; and
(c) not in any way be extended by any period of Suspension under this Agreement;
provided that if the cure of any breach by the Agency requires any reasonable
action by the Agency that must be approved by the Authority hereunder, the
applicable Cure Period shall be extended by the period taken by the Authority
to accord their approval;

Damages shall have the meaning set forth in Sub-Clause (u) of Clause 1.2.1;

Defect(s) means any data or documentation error, deficiency or unauthorized action,


whether latent or patent in the design, content or quality of services delivered to comply
in all respects with the Agreement, including Applicable Laws, Applicable Permits,
Performance Parameters and Good Industry Practices;

Deliverable shall have the meaning set forth in Clause 2.1;

DH means District Hospital;

Dispute shall have the meaning set forth in Clause 24.1.1;

Dispute Resolution Procedure means the procedure for resolution of Disputes set forth
in Article 25;

Document or Documentation means documentation in printed or written form, or in


tapes, discs, drawings, computer programmes, writings, reports, photographs, films,
cassettes, or expressed in any other written, electronic, audio or visual form;

EMTS means Emergency Medical Transport Services;

Equipment means the physical tool or equipment which shall be used by the by the
Agency in accordance to the requirement of the services with respect to the terms of this
Agreement;

eVIN means electronic Vaccine Intelligence Network;

Expected Output shall have meaning set forth in Clause 2.1;

Feedback shall have the meaning set forth in Clause 2.2;

FLW means Frontline Workers;

Force Majeure or Force Majeure Event shall have the meaning ascribed to it in

Page 6 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Clause 16.1;

GOI means the Government of India;

Good Industry Practice means the practices, methods, techniques, designs, standards,
skills, diligence, efficiency, reliability and prudence which are generally and reasonably
expected from a reasonably skilled and experienced Agency engaged in the same type of
services as envisaged under this Agreement and which would be expected to result in the
performance of its obligations by the Agency in accordance with this Agreement,
Applicable Laws and Applicable Permits in reliable, safe, economical and efficient
manner;

Government Instrumentality means any department, division or sub-division of the


Government or the Government of India and includes any commission, board,
Government, agency or municipal and other local Government or statutory body
including Panchayat under the control of the Government or the Government of India, as
the case may be, and having jurisdiction over all or any part of the Equipment or the
performance of all or any of the services or obligations of the Agency under or pursuant
to this Agreement;

HBNC means Home Based Newborn Care;

HH means Household;

IEC means Information Education Communication;

Indemnified Party means the Party entitled to the benefit of an indemnity pursuant to
Article 23;

Indemnifying Party means the Party obligated to indemnify the other Party pursuant to
Article 23;

Indirect Political Event shall have the meaning set forth in Clause 16.3;

Insurance Cover means the aggregate of the maximum sums insured under the
insurances taken out by the Agency pursuant to Article 15, and when used in the context
of any act or event, it shall mean the aggregate of the maximum sums insured and payable
in relation to such act or event;

JSSK means Janani-Shishu Suraksha Karyakram;

Lenders Representative means the person duly authorised by the Senior Lenders to act
for and on behalf of the Senior Lenders with regard to matters arising out of or in relation
to this Agreement, and includes his successors, assigns and substitutes;

LOA means the Letter of Acceptance;

LOI means the Letter of Intent issued by the Authority to the Bidder with lowest bid
quote in a particular cluster;

Maintenance Requirements shall have the meaning set forth in Article 10;

Material Adverse Effect means a material adverse effect of any act or event on the
ability of either Party to perform any of its obligations under and in accordance with the

Page 7 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

provisions of this Agreement and which act or event causes a material financial burden
or loss to either Party;

MDR means Maternal Death Review;

Non-Political Event shall have the meaning set forth in Clause 16.2;

Maintenance means the maintenance of the Equipment and includes all matters
connected with or incidental to the provision of services in accordance with the
provisions of this Agreement;

NCD means Non Communicable Diseases;

NIPI means National Iron plus Initiative;

NHM means National Health Mission;

NHM, UP means National Health Mission, Uttar Pradesh;

NTP means the Notice to Proceed issued by the Authority to the Agency under Clause
4.1.7, to execute work under the Project;

NQA Certification means National Quality Assurance Certification;

NRC means Nutritional Rehabilitation Centres;

Parties means the parties to this Agreement collectively and Party shall mean any of
the parties to this Agreement individually;

Payment or Deliverables based Payment or Milestone based Payment shall have


the meaning set forth under 13.1;

Payment Authority shall have the Authority as set forth in Clause 13.1;

Performance Parameters shall mean the parameters set forth in Schedule B;

Performance Security shall have the meaning set forth in Clause 9.1;

PHC means Primary Health Centre;

Political Event shall have the meaning set forth in Clause 16.4;

PPIUCD means Postpartum Intrauterine Contraceptive Device;

PRC means Population Research Centers;

Project means the Research, Evaluation (assessment of Schemes/Programs) and


Documentation of NHM Programmes in accordance with the provisions of this
Agreement, and includes all works and services relating to or in respect of the Scope of
the Project;

PSU means Primary Sample Unit;

RBSK means Rashtriya Bal Swasthya Karyakram;

Page 8 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Re., Rs. or Rupees or Indian Rupees means the lawful currency of the Republic
of India;

RI means Routine Immunization;

RMNCH+A means Reproductive, Maternal, Newborn, Child and Adolescent Health;

RSK means Rogi Kalyan Samiti;

SAM means Severe Acute Malnutrition;

Safety Requirements shall have the meaning set forth in Clause 11.1;

Scope of the Project shall have the meaning set forth in Clause 2.1;

Services means the Services to be provided by the Agency in accordance with the terms
and conditions of the Agreement;

SNCU means Sick Newborn Care Unit;

State means the State of Uttar Pradesh and State Government means the government
of that State;

Suspension shall have the meaning set forth in Clause 17.1;

Target Audience shall have the meaning set forth in Schedule A;

Taxes means any Indian taxes including excise duties, customs duties, value added tax,
sales tax, local taxes, cess and any impost or surcharge of like nature (whether Central,
State or local) on the goods, materials, equipment and services incorporated in and
charged, levied or imposed by any Government Instrumentality, but excluding any
interest, penalties and other sums in relation thereto imposed on any account whatsoever.
For the avoidance of doubt, Taxes shall not include taxes on corporate income;

Term shall have the meaning set forth in Clause 3.1;

Termination means the expiry or earlier termination of this Agreement hereunder;

Termination Notice means the communication issued in accordance with this


Agreement by one Party to the other Party terminating this Agreement;

UPHSSP means Uttar Pradesh Health System Strengthening Project;

VHND means Village Health Nutrition Day;

VHNSC means Village Health Sanitation & Nutrition Committee;

WIFS means Weekly Iron Folic Acid Supplementation;

Zone shall have the meaning set forth in Clause 2.1;

Page 9 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

1.2 Interpretation

1.2.1 In this Agreement, unless the context otherwise requires,

(a) references to any legislation or any provision thereof shall include amendment
or re-enactment or consolidation of such legislation or any provision thereof so
far as such amendment or re-enactment or consolidation applies or is capable of
applying to any transaction entered into hereunder;

(b) references to laws of India or Indian law or regulation having the force of law
shall include the laws, acts, ordinances, rules, regulations, bye laws or
notifications which have the force of law in the territory of India and as from
time to time may be amended, modified, supplemented, extended or re-enacted;

(c) references to a person and words denoting a natural person shall be construed
as a reference to any individual, firm, company, corporation, society, trust,
government, state or agency of a state or any association or partnership (whether
or not having separate legal personality) of two or more of the above and shall
include successors and assigns;

(d) the table of contents, headings or sub-headings in this Agreement are for
convenience of reference only and shall not be used in, and shall not affect, the
construction or interpretation of this Agreement;

(e) the words include and including are to be construed without limitation and
shall be deemed to be followed by without limitation or but not limited to
whether or not they are followed by such phrases;

(f) any reference to any period of time shall mean a reference to that according to
Indian Standard Time;

(g) any reference to day shall mean a reference to a calendar day;

(h) references to a business day shall be construed as a reference to a day (other


than a Sunday) on which banks in Lucknow, Uttar Pradesh are generally open
for business;

(i) any reference to month shall mean a reference to a calendar month as per the
Gregorian calendar;

(j) references to any date, period or project milestone shall mean and include such
date, period or project milestone as may be extended pursuant to this Agreement;

(k) any reference to any period commencing from a specified day or date and till
or until a specified day or date shall include both such days or dates; provided
that if the last day of any period computed under this Agreement is not a business
day, then the period shall run until the end of the next business day;

(l) the words importing singular shall include plural and vice versa;

(m) references to any gender shall include the other and the neutral gender;

(n) lakh means a hundred thousand (1,00,000) and crore means ten million

Page 10 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

(10,000,000);

(o) indebtedness shall be construed so as to include any obligation (whether


incurred as principal or surety) for the payment or repayment of money, whether
present or future, actual or contingent;

(p) references to the winding-up, dissolution, insolvency, or reorganisation


of a company or corporation shall be construed so as to include any equivalent
or analogous proceedings under the law of the jurisdiction in which such
company or corporation is incorporated or any jurisdiction in which such
company or corporation carries on business including the seeking of liquidation,
winding-up, reorganisation, dissolution, arrangement, protection or relief of
debtors;

(q) any reference, at any time, to any agreement, deed, instrument, licence or
document of any description shall be construed as reference to that agreement,
deed, instrument, licence or other document as amended, varied, supplemented,
modified or suspended at the time of such reference; provided that this Sub-
Clause shall not operate so as to increase liabilities or obligations of the Authority
hereunder or pursuant hereto in any manner whatsoever;

(r) any agreement, consent, approval, authorisation, notice, communication,


information or report required under or pursuant to this Agreement from or by
any Party shall be valid and effective only if it is in writing under the hand of a
duly authorised representative of such Party, as the case may be, in this behalf
and not otherwise;

(s) the Schedules and Recitals to this Agreement form an integral part of this
Agreement and will be in full force and effect as though they were expressly set
out in the body of this Agreement;

(t) references to Recitals, Articles, Clauses, Sub-Clauses or Schedules in this


Agreement shall, except where the context otherwise requires, mean references
to Recitals, Articles, Clauses, Sub-Clauses and Schedules of or to this
Agreement, and references to a Paragraph shall, subject to any contrary
indication, be construed as a reference to a Paragraph of this Agreement or of the
Schedule in which such reference appears; and

(u) the damages payable by either Party to the other of them, as set forth in this
Agreement, whether on per diem basis or otherwise, are mutually agreed genuine
pre-estimated loss and damage likely to be suffered and incurred by the Party
entitled to receive the same and are not by way of penalty (the Damages).

1.2.2 Unless expressly provided otherwise in this Agreement, any Documentation required to be
provided or furnished by the Agency to the Authority shall be provided free of cost and in
three copies, and if the Authority is required to return any such Documentation with their
comments and/or approval, they shall be entitled to retain two copies thereof.

1.2.3 The rule of construction, if any, that a contract should be interpreted against the parties
responsible for the drafting and preparation thereof, shall not apply.

1.2.4 Any word or expression used in this Agreement shall, unless otherwise defined or construed
in this Agreement, bear its ordinary English meaning and, for these purposes, the General

Page 11 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Clauses Act 1897 shall not apply.

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.

1.4 Priority of agreements and errors/discrepancies

1.4.1 This agreement, and all other agreements and documents forming part of this agreement are
to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in
this agreement, the priority of this agreement and other documents and agreements forming
part hereof shall, in the event of any conflict between them, be in the following order:

1.4.1.1 this agreement; and

1.4.1.2 all other agreements and documents forming part hereof;

i.e. the agreement at Clause 1.4.1.1 above shall prevail over the agreements and
documents at Clause 1.4.1.2 above.

1.4.2 Subject to Clause 1.4.1, in case of ambiguities or discrepancies within this Agreement, the
following shall apply:

1.4.2.1 between two or more Clauses of this Agreement, the provisions of a specific Clause
relevant to the issue under consideration shall prevail over those in other Clauses;

1.4.2.2 between the Clauses of this agreement and the Schedules, the Clauses shall prevail and
between Schedules and Annexes, the Schedules shall prevail;

1.4.2.3 between any value written in numerals and that in words, the latter shall prevail.

Page 12 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

2 ARTICLE 2: SCOPE OF THE PROJECT

2.1 Project Overview

The Agency shall have to deliver three deliverables which will require Research & Evaluation
(assessment of Schemes/Programs), Documentation/Photo Documentation and Video
Documentation of identified Best Practices/ Schemes/Programs of NHM, UP under RMNCH+A
initiatives and National Programs.

For all deliverables, the Study Indicators shall represent facts and information at the State Level.
The work needs to be carried across five (5) Zones of U.P - Western, Central, Eastern, Bundelkhand
and Tarai belt. (Refer Schedule D for Zone-wise District details). Currently, most of Tarai belt is
the part of Uttaranchal but there are districts of U.P. adjacent to Nepal border. The Agency shall
execute the scope of work for each of the required Schemes/Programs and deliverables (as detailed
under Schedule A).

Research, Evaluation (assessment of Schemes/Programs) and Documentation work could involve


a combination of desk research, population surveys and analysis of literature / statistical data, or a
methodology deemed appropriate to execute the Scope of Work, and would need to be carried out
for the identified NHM programmes across all the required Health centres in a District (Sub Centres
(SCs), Primary Health Centres (PHCs), Community Health Centres (CHCs), District Hospitals
(DHs), etc.), and/or as deemed important to identify and address the required sample size.

The output quality for each deliverable shall rely on the creativity of the Agency in representing
qualitative and quantitative data/literature as outcomes.

Summary of the three (3) key deliverables that the Agency will have to deliver is as follows:

2.1.1 Deliverable 01: Research & Evaluation (Assessment of 13 Schemes/Programs) of NHM


UP on RMNCH+A and National Programs.

2.1.2 Expected Output: A Study report with qualitative and quantitative data compilation
with anecdotes and Case studies for each Schemes/Programs. Each Study Report should
present complex concepts and findings in an accessible and engaging manner, should
have the same Look and Feel and should have clear branding and incorporate Logo
defined by the Authority. The report shall be submitted in Hard Copy (10 (ten) coloured
copies) and Soft Copy (.cdr file, .pdf and .docx format), should be of 7,500 10,000
words (excluding Annexures) for each of the 13 Schemes/Programs. The submitted report
shall be in Hindi and English language.

2.1.3 Deliverable 02: Evidence based Documentation/Photo Documentation of best


practices of NHM, UP on RMNCH+A and National Programs for 10 Schemes/Programs

2.1.4 Expected Output: A Well designed document based on brief evidence based
information, process details, anecdotes, Success stories for each Schemes/Programs,
with narration in Hindi and English language. Each Document should present complex
concepts and findings in an accessible and engaging manner, should incorporate Visual
Contents, should have the same Look and Feel and should have clear branding and
incorporate Logo defined by the Authority. The document shall be submitted in Hard
and Soft Copy (.cdr file, .pdf and .docx format) & 200 High Resolution colored pictures
(size 6MB-10MB for each photograph) in .jpeg file format (in digital format) and also in

Page 13 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Photo Album (in hard copy) need to be submitted for each of the 10 Schemes/Programs.
The High-Resolution colored pictures (in digital format) shall be submitted in a single
Hard Disk for all Schemes/Programs and a separate DVD for each Scheme/Program
(DVD should have cover design and label).

2.1.5 Deliverable 03: Video Documentation of best practices of 07 NHM, UP


Schemes/Programs

2.1.6 Expected Output: A 5-8 minutes short, crisp, well edited, very creative video with
voice over along with subtitles in Hindi/English language, with clear messages for each
Schemes/Programs. Each Video should have the same Look and Feel or Visual
Concept and Interpretation and should have clear branding and incorporate Logo
defined by the Authority. The video shall be submitted in .mp4 format and in a format
compatible for uploading into the Websites, YouTube, Social media sites and need to
be of at least 1080p resolution (Full High Definition) for each of the 07
Schemes/Programs. The videos shall be submitted in a single Hard Disk for all
Schemes/Programs and a separate DVD for each Scheme/Program (DVD should have
cover design and label). Agency shall also submit the complete raw/unedited footage
to the Authority separately in (a) Hard Disk(s).

Deliverables 1 and 2 will be shared at meetings and conferences with a lay audience,
which includes but is not limited to: government officials, health researchers and
scientists, health professionals, development practitioners and funders. The intended
audience has knowledge of public health and development issues, and is engaged in the
sector. They may or may not be aware of the context in Uttar Pradesh.

Deliverable 3 is intended for awareness generation of different target audience and


Agencies and for external stakeholders as GOI, development partners, other states etc.

The detailed List of Schemes/Programs for Deliverables 01, 02 & 03 has been mentioned
in Schedule A. This shall be the part of Scope of Work. The Authority depending on
requirement and in consultation with the Agency, may amend the list of
Schemes/Programs, without changing the total number of Schemes/Programs for each
Deliverable.

2.2 Scope of Work

The obligations of the Agency under this contract shall include following service activities and
commitments.

2.2.1 Detailed Scope of Work for Deliverable 01: Research & Evaluation (Assessment
of 13 Schemes/Programs)
The Agency shall have to perform the following steps for each of the 13 Schemes/Programs
in consideration:

2.2.1.1 Review of Literature and Study Design

2.2.1.1.1 Desk review and collection of data/literature/reports/documents/audio-video data from


the Authority or its Authorized representative(s)

2.2.1.1.2 Review the collected data and submit a Brief Report to the Authority or its Authorized
representative(s)

Page 14 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

2.2.1.1.3 Submission of a detailed Study Design [which should include the following: Objective,
Target Audience, Coverage Area, Sample Size, Methodology, Outcome indicators,
considering the Standard protocols/method/indicators of Research] to the Authority or
its Authorized representative(s). The Agency shall proceed with this deliverable only
after written approval from the Authority or its Authorized representative(s).

2.2.1.2 Research and Survey (Qualitative & Quantitative)

2.2.1.2.1 Development of Final Study Design and Tools for Qualitative and Quantitative Research
for each of the 13 Schemes/Programs to be performed at District, Block, Facility, and
Community Levels in consultation with Authority or its Authorized representative(s)

2.2.1.2.2 The Agency would need to conduct Field Survey Visits as per the approved Study
Design

2.2.1.2.3 To get authorization and approval for the Field Visit Plan for each of the 13
Schemes/Programs from Authority or its Authorized representative(s)

2.2.1.2.4 Field visits, Qualitative and Quantitative Data Collection from the selected/identified
District, Block, Facility, and Community Levels

2.2.1.2.5 Entry of Collected Data in a Standard Data collection format and use of Statistical and
Analytical Software Packages for in-depth analysis

2.2.1.3 Analysis of Data and Draft Report

2.2.1.3.1 Prepare an Analysis Plan for Tool

2.2.1.3.2 Review and analysis of findings of Qualitative and Quantitative Research

2.2.1.3.3 Development of Draft Outline of the report in consultation with Authority or its
Authorized representative(s)

2.2.1.3.4 Development and submission of first draft of Report based on clearly defined input
process, output, outcome and impact indicators for Feedback to Authority or its
Authorized representative(s)

2.2.1.3.5 Incorporation of Feedback received from Authority or its Authorized representative(s)


and submission of Second Designed Draft Report for Feedback and Finalization to
Authority or its Authorized representative(s)

2.2.1.4 Finalization of Document and Final Submission

2.2.1.4.1 Incorporation of Feedback received from Authority or its Authorized representative(s)


and submission of Final Designed Document as per the mentioned format(s) . The final
report shall be submitted in Hard Copy (10 (ten) coloured copies) and Soft Copy (.cdr
file, .pdf and .docx format), should be of 7,500 10,000 words (excluding Annexures)
for each of the 13 Schemes/Programs. The submitted report shall be in Hindi and English
language.

2.2.2 Detailed Scope of Work for Deliverable 02: Evidence based Documentation/Photo

Page 15 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Documentation
The Agency shall have to perform the following steps for each of the 10 Schemes/Programs
in consideration:

2.2.2.1 Collection of Content, Review of literature, Outline of Report

2.2.2.1.1 Collection of data/literature/reports/document/audio-video data from the Authority or its


Authorized representative(s)

2.2.2.1.2 Review the collected data and submit a Brief Report to the Authority or its Authorized
representative(s)

2.2.2.1.3 Submission of a detailed Outline of Report [which should at least include: Layout,
Structure, Coverage Area, Sample Size, Methodology, Target Audience for Success
Stories] to the Authority or its Authorized representative(s). The Agency shall proceed
with this deliverable only after written approval from the Authority or its Authorized
representative(s).

2.2.2.2 Field Visit for Success Stories, Data from Field

2.2.2.2.1 Prepare Field Visit Plan to collect data, capture Success stories from selected/identified
District, Block, Facility, and Community Levels in consultation with Authority or its
Authorized representative(s)

2.2.2.2.2 To get authorization and approval for the Field Visit Plan from Authority or its
Authorized representative(s)

2.2.2.2.3 Field Visits and Data collection from District, Block, Facility, and Community Levels

2.2.2.3 Photo-shoot

2.2.2.3.1 Prepare Photo-shoot Plan to capture High Resolution Colored Photographs (size 6MB-
10MB for each photograph) about the Schemes/Programs and candid colored shots of
general community at selected/identified District, Block, Facility, and Community
Levels in consultation with Authority or its Authorized representative(s)

2.2.2.3.2 To get authorization and approval for the Photo-shoot Plan and Schedule of Field Visit
from Authority or its Authorized representative(s)

2.2.2.3.3 Photo-shoot to capture High Resolution Colored Photographs about the


Schemes/Programs as per the Shoot Plan at District, Block, Facility, and Community
Levels

2.2.2.3.4 Post processing/editing of captured High Resolution Colored Photographs as per the
standard industry practices

2.2.2.4 Analysis of Data and First Draft Report

2.2.2.4.1 Review, collation and analysis of findings of Field Visit

2.2.2.4.2 Development of Draft Outline of the document with narration in Hindi and English

Page 16 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

language, in consultation with Authority or its Authorized representative(s)

2.2.2.4.3 Development and submission of first draft of document with narration in Hindi and
English language, and Photographs for Feedback to Authority or its Authorized
representative(s)

2.2.2.4.4 Incorporation of Feedback received from Authority or its Authorized representative(s)


and submission of Second Designed Draft document with narration in Hindi and English
language, and Colored Photographs for Feedback and Finalization to Authority or its
Authorized representative(s)

2.2.2.5 Finalization of Document and Final Submission

2.2.2.5.1 Incorporation of Feedback received from Authority or its Authorized representative(s)


and submission of Final Designed Document with narration in Hindi and English
language, and High Resolution Colored Photographs (size 6MB-10MB for each
photograph), in digital format and also in Photo Album (in hard copy) as per the
mentioned format(s).

2.2.2.5.2 The Final Submitted Colored Photographs should be well organized, properly labelled
with description of the captured Schemes/Programs, along with description of place and
individual(s) whose Colored Photograph has been taken (This should match with the
consent form of individual(s) whose Photograph has been taken)
For Example: The Description of the Colored Photograph(s) captured for Janani Shishu
Suraksha Yojna (JSSY) at Kanpur, CHC-Nawabpur of Ms. Urmila Devi shall be
labelled as JSSY_KANPUR_CHC_NAWABPUR_URMILA_DEVI_01,
JSSY_KANPUR_CHC_NAWABPUR_URMILA_DEVI_02 etc

2.2.2.5.3 The High-Resolution Colored pictures (in digital format) shall be submitted in a single
Hard Disk for all Schemes/Programs and a separate DVD for each Scheme/Program
(DVD should have cover design and label)

2.2.3 Detailed Scope of Work for Deliverable 03: Video Documentation


The Agency shall have to perform the following steps for each of the 07 Schemes/Programs
in consideration:

2.2.3.1 Review of Literature provided by Authority to develop the Script Outline and Shoot Plan

2.2.3.1.1 Collection of data/literature/reports/document/audio-video data from the Authority or its


Authorized representative(s)s

2.2.3.1.2 Review the collected data and submit a Brief Report to the Authority or its Authorized
representative(s)

2.2.3.1.3 Submission of a detailed Script Outline, in Hindi and English language, [which should
at least include: Layout, Structure, Coverage Area, Sample Size, Methodology, Target
Audience for Success Stories] to the Authority or its Authorized representative(s). The
Agency shall proceed with this deliverable only after written approval from the
Authority or its Authorized representative(s).

2.2.3.1.4 Prepare Shoot Plan, after location scout, at selected/identified District, Block, Facility,
and Community Levels in consultation with Authority or its Authorized

Page 17 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

representative(s)

2.2.3.1.5 To get authorization and approval for the Shoot Plan and Schedule of Field Visit from
Authority or its Authorized representative(s)

2.2.3.2 Video Documentation and submission of Story board and First cut of video

2.2.3.2.1 Video Recording about the Activity/Capture as per the Shoot Plan at District, Block,
Facility, and Community Levels

2.2.3.2.2 Development of Story Board of the video, in Hindi and English language, in consultation
with Authority or its Authorized representative(s)

2.2.3.2.3 Post processing/Editing/Mixing/Voice Over/Subtitling of the recorded videos as per the


standard industry practices and submission of First cut of video for Feedback to
Authority or its Authorized representative (s)

2.2.3.2.4 Incorporation of Feedback received from Authority or its Authorized representative(s)


and submission of Second cut of well edited & creative video for Feedback and
Finalization to Authority or its Authorized representative(s)

2.2.3.3 Finalization of Deliverable and Final Submission of the Videos

2.2.3.3.1 Incorporation of Feedback received from Authority or its Authorized representative(s)


and submission of Final Video(s) with voice over along with subtitles in Hindi/English
language (in at least 1080p resolution) (Full High Definition) as per the mentioned
format(s). The videos shall be submitted in a single Hard Disk for all Schemes/Programs
and a separate DVD for each Scheme/Program (DVD should have cover design and
label). Agency shall also submit the complete raw/unedited footage to the Authority
separately in (a) Hard Disk(s).

2.2.4 Formats of the Final Submission of Report/Documents/Photographs/Videos:

2.2.4.1 The Agency shall submit each designed document/report, in Hindi and English language
[should be of 7,500 10,000 words (excluding Annexures) with normal readable Font
size] in Hard and Soft Copy (.cdr file, .pdf and .docx format) for each of the 13
Schemes/Programs mentioned in Deliverable 01

2.2.4.2 The Agency shall submit document with narration in Hindi and English language [should
be of 2,000-3,000 words], in Hard and Soft Copy (.cdr file, .pdf and .docx format) for each
of the 10 Schemes/Programs mentioned in Deliverable 02

2.2.4.3 The Agency shall submit at least 200 High Resolution Colored pictures (size 6MB-10MB
for each photograph) in .jpeg file format (in digital format) and also in Photo Album (in
hard copy) for each of the 10 Schemes/Programs mentioned in Deliverable 02

2.2.4.4 The Final Submitted Colored Photographs should be well organized, properly labelled
with description of the captured Schemes/Programs, along with description of place and
individual(s) whose Colored Photograph has been taken (This should match with the
consent form of individual(s) whose Colored Photograph has been taken)
For Example: The Description of the Photograph(s) captured for Janani Shishu Suraksha
Yojna (JSSY) at Kanpur, CHC-Nawabpur of Ms. Urmila Devi shall be labelled as

Page 18 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

JSSY_KANPUR_CHC_NAWABPUR_URMILA_DEVI_01,
JSSY_KANPUR_CHC_NAWABPUR_URMILA_DEVI_02 etc

2.2.4.5 The High-Resolution Colored pictures (in digital format) shall be submitted in a single
Hard Disk for all Schemes/Programs and a separate DVD for each Scheme/Program
(DVD should have cover design and label)

2.2.4.6 The Agency shall submit the video with voice over along with subtitles in Hindi/English
language, in .mp4 format and in a format compatible for uploading into the Websites,
YouTube, Social media sites and need to be of at least 1080p resolution (Full High
Definition) for each of the 07 Schemes/Programs mentioned in Deliverable 03. The videos
shall be submitted in a single Hard Disk for all Schemes/Programs and a separate DVD
for each Scheme/Program (DVD should have cover design and label). Agency shall also
submit the complete raw/unedited footage to the Authority separately in (a) Hard Disk(s).

2.2.5 As a part of Scope of Work, the Agency

2.2.5.1 Shall be responsible to develop the documentation, study plan and sample design, data
collection, field visit, compilation and analysis for the identified issues on RMNCH+A
required for the State that they are assigned to implement

2.2.5.2 Shall be responsible to share and get a written approval of all study plan, draft reports
outline and any scripts from Authority or its Authorized representative(s) for quality check
before going into field

2.2.5.3 Shall be responsible for getting Applicable Permits based upon the submitted Field Visit
Work from the Authority or its Authorized representative(s). The Agency shall not be
allowed to go ahead with the field visit work without any prior approvals/applicable
permits.

2.2.5.4 Shall sort out on its own, in-case any issue which may arise relating to Field Visit.
Authority or its authorized representatives will not be responsible for it unless and until it
channelled through appropriate authority.

2.2.5.5 Shall be responsible for payment of toll/octroi tax or any other tax as applicable by law of
the land.

2.2.5.6 Shall MANDATORILY get prior consent in writing from each individual who shall be
the part of the Photographs or Videos.

2.2.5.7 Shall be allowed to hire External Consultant / Domain Expert for providing relevant
expertise before Bid Submission date.

2.2.5.8 Shall ensure that it deploys sufficient number of qualified human resources to complete
all deliverables within specified timelines.

2.2.5.9 Shall submit, in a staggered manner, the first daft of report and Finalization of document
and final submission for the Schemes/Programs for Deliverables 01 & 02, in order to
facilitate thorough review by the Authority and/or its representatives.

2.2.5.10 Shall submit, in a staggered manner, the first cut of shoot and Finalization of
deliverable for the Schemes/Programs for Deliverable 03, in order to facilitate thorough

Page 19 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

review by the Authority and/or its representatives.

2.3 Change of Scope

2.3.1 The Authority may, notwithstanding anything to the contrary contained in this Agreement,
either require the provision of additional Services with respect to the whole project at large
or any particular facility, which is not included in the Scope of the Project under this
Agreement or decide to delete any service from the Scope with respect to the whole project
at large or any particular facility (Change of Scope).

2.3.2 In the event of the Authority determining that a Change of Scope is necessary, it shall issue
to the Agency a notice specifying in reasonable detail the services contemplated thereunder
(the Change of Scope Notice).

2.3.3 In the event that a Change of Scope Notice is issued, the Agency shall communicate in
writing to the Authority, within 15 days, the resultant impact (increase or decrease) on the
Delivery Milestone and Deliverable Payment payable to the Agency with respect to the
work to be executed under Change of Scope Notice. Upon receipt of the said communication
in writing from the Agency, the Authority shall analyse the impact on work and cost, and,
the Parties shall, not later than 30 days from the date of issuance of Change of Scope Notice,
agree on the terms regarding the execution of work under Change of Scope Notice.

Page 20 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

3 ARTICLE 3: TERM OF AGREEMENT

3.1 Term

3.1.1 Subject to and in accordance with the provisions of this Agreement, the Applicable Laws
and the Applicable Permits and Good Industry Practice, the Authority hereby grants to the
Agency and the Agency hereby accepts the exclusive right, license and authority to provide
the required Services as per the Scope of Work defined in this Agreement, during the
subsistence of this Agreement for a period of 1 (One) year (or early termination by a
Termination Notice in accordance with this Agreement) commencing from the Appointed
Date (the Term), and to exercise and/or enjoy the rights, power, privileges and
entitlements as set forth in this Agreement and implement the Project, subject to and in
accordance with the terms and conditions set forth herein.

Page 21 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

4 ARTICLE 4: CONDITIONS PRECEDENT

4.1 Conditions Precedent

4.1.1 Save and except as expressly provided in this Agreement, the respective rights and
obligations of the Parties under this Agreement shall come into effect upon the satisfaction
in full of the conditions precedent specified in this Clause 4.1 (the Conditions
Precedent).

4.1.2 The Agency may, upon fulfilling the Conditions Precedent in Clause 4.1 require the
Authority to satisfy any or all of the Conditions Precedent set forth in Clause 4.1.3 within a
period of 21 (Twenty-one) days of receiving of notice for Award of Contract or the Letter
of Intent (LOI).

4.1.3 The Conditions Precedent required to be satisfied by the Authority shall be deemed to have
been fulfilled when the Authority shall have issued to the Agency a Notice to Proceed
(NTP), to begin work under the Agreement

4.1.4 The Conditions Precedent required to be satisfied by the Agency shall be deemed to have
been fulfilled when the Agency shall have provided Performance Security to the Authority;

4.1.5 Upon request in writing by any of the parties, the other party may, in its discretion, waive
any of the Conditions Precedent set forth in this Article 4 or permit additional time to meet
any of the Conditions Precedent set forth in this Article 4;

4.1.6 Each Party shall promptly inform the other Party when any Condition Precedent for which
it is responsible has been satisfied.

4.1.7 The date on which the Condition Precedents are satisfied by the Authority and Agency shall
be the Appointed Date for the Agreement.

Page 22 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

5 ARTICLE 5: RIGHTS AND OBLIGATIONS OF THE AGENCY

5.1 Obligations of the Agency

5.1.1 Subject to and on the terms and conditions of this Agreement, the Agency shall at its cost
and expense undertake to fulfil all the requirements of Scope of the Project, as per Article
2, and observe, fulfil, comply with and perform all its obligations set out in this Agreement
or arising hereunder.

5.1.2 The Agency shall comply with all Applicable Laws and Applicable Permits (including
renewals as required) in the performance of its obligations under this Agreement.

5.1.3 Subject to Clauses 5.1.1 and 5.1.2, the Agency shall discharge its obligations in accordance
with Good Industry Practices and as a reasonable and prudent person.

5.1.4 The Agency hereby accepts and agrees to discharge obligations herein and provide the
Services, subject to and in accordance with the terms and conditions set forth herein

5.1.5 Shall not conduct any other business while performing its tasks during the Field visit work,
outside the nature and scope of work under this Agreement.

5.1.6 Shall not misuse the Information / Data / Photographs / Video gathered from Fields,
Research, Analysis or from the outcome of findings in the final Report / Document / Photo
Documentation / Video Documentation.

5.1.7 Shall not express or confirm to any view or opinion externally, on the findings or outcomes
of the project deliverables

5.1.8 Subject to and in accordance with the provisions of this Agreement, the Agency shall be
obliged or entitled (as the case may be) to:

5.1.8.1 Right of Way, only contractually required and need based access rights and permits to
the locations of work, as per requirement of this Agreement for the purpose of and to the
extent conferred by the provisions of this Agreement for performing and fulfilling all of
the Agencys obligations under this Agreement;

5.1.8.2 The Agency shall provide Services as per the terms and conditions of this Agreement,
Applicable Laws, Applicable Permits Performance Parameters and Good Industry
Practice.

5.1.8.3 Bear and pay all costs, expenses and charges in connection with or incidental to the
performance of the obligations of the Agency under this Agreement;

5.1.8.4 On and from the date of commencement of services and during the Term, the Agency shall
have the right to demand, charge, retain, appropriate Payment, based on deliverables /
delivery milestones and in accordance with the provisions of this Agreement;

5.1.8.5 Perform and fulfil all of the Agency's obligations in accordance with this Agreement
including any mentioned Specifications and Standards, Applicable Laws, Applicable

Page 23 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Permits and Good Industry Practice;

5.1.8.6 Exercise such other rights and obligations as the Authority may determine as being
necessary or desirable, for the purpose incidental and necessary for implementing the
Project.

5.1.8.7 The Agency shall mandatorily deploy the Project Leader and Core Team Members, whose
experience has been claimed by the Agency in Technical Evaluation. No change in Project
Leader and/or Core Team Members is allowed, only exception being an Employee leaving
employment with the Agency. In-case the Project Leader and/or any of the Core Team
Members leave employment with the Agency, then they shall be replaced by another
resource having same qualification and experience.

5.1.9 The Agency shall, at its own cost and expense, in addition to and not in derogation of its
obligations elsewhere set out in this Agreement:

5.1.9.1 make, or cause to be made, necessary applications to the relevant Government


Instrumentalities with such particulars and details, as may be required for obtaining all
Applicable Permits and obtain and keep in force and effect such Applicable Permits in
conformity with the Applicable Laws;

5.1.9.2 procure, as required, the appropriate proprietary rights, licences, agreements and
permissions for materials, methods, processes and systems used or incorporated in the
Project and in line with the scope of work detailed in Article 2;

5.1.9.3 provide Services as per Service and Operations Requirements defined in Schedule B of
this Agreement;

5.1.9.4 make reasonable efforts to maintain harmony and good industrial relations among the
personnel employed by it or its Contractors in connection with the performance of its
obligations under this Agreement;

5.1.9.5 ensure and procure that its Contractors comply with all Applicable Permits and Applicable
Laws in the performance by them of any of the Agencys obligations under this
Agreement;

5.1.9.6 not do or omit to do any act, deed or thing which may in any manner be in violation of
any of the provisions of this Agreement;

5.1.9.7 support, cooperate with and facilitate the Authority in the implementation and operation
of the Project in accordance with the provisions of this Agreement.

5.2 Employment of Foreign Nationals

The Agency acknowledges, agrees and undertakes that employment of foreign personnel
by the Agency and/or its Contractors and their sub- contractors shall be subject to grant of
requisite regulatory permits and approvals including employment/residential visas and work
permits, if any required, and the obligation to apply for and obtain the same shall and will
always be of the Agency and, notwithstanding anything to the contrary contained in this
Agreement, refusal of or inability to obtain any such permits and approvals by the Agency
or any of its Contractors or sub-contractors shall not constitute Force Majeure Event, and

Page 24 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

shall not in any manner excuse the Agency from the performance and discharge of its
obligations and liabilities under this Agreement. In the event the Agency fails to comply
with this clause, it shall be subject to Indemnity Clause under Article 23.

5.3 Employment of trained personnel

The Agency shall ensure that the personnel engaged by it in the performance of its
obligations under this Agreement are at all times properly trained and skilled for their
respective functions.

Page 25 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

6 ARTICLE 6: OBLIGATIONS OF THE AUTHORITY

6.1 Obligations of the Authority

6.1.1 The Authority shall, at its own cost and expense, undertake, comply with, and perform all
its obligations set out in this Agreement or arising hereunder.

6.1.2 The Authority agrees to facilitate project delivery and provide support to the Agency and
undertakes to observe, comply with and perform, subject to and in accordance with the
provisions of this Agreement and the Applicable Laws, the following:

6.1.2.1 Upon written request from the Agency, and subject to the Agency complying with
Applicable Laws, provide all reasonable support and assistance to the Agency in procuring
Applicable Permits required from any Government Instrumentality for implementation of
the Project;

6.1.2.2 Undertake to coordinate with the concerned authorities and other departments to issue
appropriate instructions to the field officers of these departments for making available
required assistance and resources to the Agency towards the discharge of its obligations
as per this Agreement;

6.1.2.3 Not do or omit to do any act, deed or thing which may in any manner be in violation of
any of the provisions of this Agreement;

6.1.2.4 Support, cooperate with and discharge its obligations to facilitate the Agency in
performing its obligations in accordance with the provisions of this Agreement; and

6.1.2.5 Upon written request from the Agency, provide reasonable assistance to the Agency or its
Contractors to obtain applicable visas and work permits for the purposes of discharge by
the Agency or its Contractors their obligations under this Agreement.

6.1.2.6 Ensure timely payments to the Agency in accordance with the provisions of this
Agreement;

6.1.2.7 Provide information, data and relevant reports of the Schemes/Programs of NHM, UP on
RMNCH+A and National Programs to the Agency;

6.1.2.8 Appoint a Project Management Committee (PMC) which shall,

6.1.2.8.1 Review and approve Methodology for Documentation and Study Design;

6.1.2.8.2 Review and provide approvals for the Study Plan, Draft Report Outline and Script of the
Agency for Quality Check;

6.1.2.8.3 Provide feedback upon submission of Draft Documentation / Reports / Photograph /


Videos to the Agency within a desirable timeframe;

6.1.2.8.4 Approve the Final submission of Documentation / Reports / Photograph / Videos as


required for each Schemes/Programs, which shall make basis for Payment to the
Agency.

Page 26 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

6.1.2.9 Provide required approval and permission to Agency for Field Visit, Interviews, Surveys,
Photography or Videography as per the requirement.

Page 27 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

7 ARTICLE 7: REPRESENTATIONS AND WARRANTIES

7.1 Representations and Warranties of the Agency

The Agency represents and warrants to the Authority that:

7.1.1 it is duly organised and validly existing under the laws of India, and has full power and
authority to execute and perform its obligations under this Agreement and to carry out the
transactions contemplated hereby;

7.1.2 it has taken all necessary corporate and other actions under Applicable Laws to authorise
the execution and delivery of this Agreement and to validly exercise its rights and perform
its obligations under this Agreement;

7.1.3 it has the financial standing and capacity to undertake the Project and discharge obligations
hereunder, in accordance with the terms of this Agreement;

7.1.4 this Agreement constitutes its legal, valid and binding obligation, enforceable against it in
accordance with the terms hereof, and its obligations under this Agreement will be legally
valid, binding and enforceable obligations against it in accordance with the terms hereof;

7.1.5 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;

7.1.6 the execution, delivery and performance of this Agreement will not conflict with, result in
the breach of, constitute a default under, or accelerate performance required by any of the
terms of its Memorandum and Articles of Association or any Applicable Laws or any
covenant, contract, agreement, arrangement, understanding, decree or order to which it is a
party or by which it or any of its properties or assets is bound or affected;

7.1.7 there are no 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 obligations under this Agreement;

7.1.8 it has not violated or committed any default, or 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 material, 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;

7.1.9 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 a material adverse effect on its ability to perform its obligations
under this Agreement;

7.1.10 no representation or warranty by it contained herein or in any other document furnished by


it to the Authority or to any Government Instrumentality in relation to Applicable Permits
contains or will contain any untrue or misleading statement of material fact or omits or will

Page 28 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

omit to state a material fact necessary to make such representation or warranty; and

7.1.11 no sums, in cash or kind, have been paid or will be paid, by it or on its behalf, to any person
by way of fees, commission or otherwise for securing the Project or entering into this
Agreement or for influencing or attempting to influence any officer or employee of the
Authority in connection therewith.

7.2 Representations and Warranties of the Authority

The Authority represents and warrants to the Agency that:

7.2.1 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;

7.2.2 it has taken all necessary actions under the Applicable Laws to authorise the execution,
delivery and performance of this Agreement;

7.2.3 it has the financial standing and capacity to perform its obligations under the Agreement;

7.2.4 this Agreement constitutes a legal, valid and binding obligation enforceable against it in
accordance with the terms hereof;

7.2.5 there are no actions, suits or proceedings 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 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 obligations under this Agreement;

7.2.6 it has no knowledge of 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 material adverse effect on the Authoritys ability to perform its
obligations under this Agreement;

7.2.7 it has complied with Applicable Laws in all material respects;

7.2.8 all information provided by it in the Bid Notice and invitation to bid in connection with the
Project is, to the best of its knowledge and belief, true and accurate in all material respects;

7.2.9 upon the Agency submitting the Performance Security and performing the covenants herein,
it shall not at any time during the term hereof, interfere with peaceful exercise of the rights
and discharge of the obligations by the Agency, in accordance with this Agreement.

7.3 Disclosure

In the event that any occurrence or circumstance comes to the attention of either Party that
renders any of its aforesaid representations or warranties untrue or incorrect, such Party
shall immediately notify the other Party of the same. Such notification shall not have the
effect of remedying any breach of the representation or warranty that has been found to be
untrue or incorrect nor shall it adversely affect or waive any obligation of either Party under
this Agreement.

Page 29 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

8 ARTICLE 8: DISCLAIMER

8.1 Disclaimer

8.1.1 The Agency acknowledges that prior to the execution of this Agreement, the Agency has,
after a complete and careful examination, made an independent evaluation of the Bid
Notice, Scope of the Project, local conditions, and all information provided by the Authority
or obtained procured or gathered otherwise, and has determined to its satisfaction the
accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as
are likely to arise or may be faced by it in the course of performance of its obligations
hereunder. Save as provided in Clause 7.2, the Authority makes no representation
whatsoever, express, implicit or otherwise, regarding the accuracy and/or completeness of
the information provided by it and the Agency confirms that it shall have no claim
whatsoever against the Authority in this regard.

8.1.2 The Agency acknowledges and hereby accepts the risk of inadequacy, mistake or error in
or relating to any of the matters set forth in Clause 8.1.1 above and hereby acknowledges
and agrees that the Authority shall not be liable for the same in any manner whatsoever to
the Agency or any person claiming through or under any of them.

Page 30 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

9 ARTICLE 9: PERFORMANCE SECURITY

9.1 Performance Security

The successful bidder shall furnish within 21 days of receiving of Notice for Award of
Contract a Performance Security in the form of an irrevocable and unconditional Bank
Guarantee issued by a Nationalized Bank/Scheduled Bank in favour of the State Health
Society, Uttar Pradesh for an amount of Rs. 15,00,000 (Rupees Fifteen Lakhs).

Until such time (i.e. within 21 days of receiving of Notice for Award of Contract) that the
Performance Security is provided by the Agency pursuant hereto and the same comes into
effect, the Bid Security shall remain in force and effect, and upon such provision of the
Performance Security pursuant hereto, the Authority shall release the Bid Security to the
Agency.

The Bank Guarantee shall be as per proforma given in Schedule C and will remain in
force up to and including 180 (One Hundred and Eighty) days after the end of contract.
Failing the submission of Performance Security within 21 days of receiving of Notice for
Award of Contract, the EMD may be forfeited and the Contract may be cancelled.

Population Research Centers (PRCs) or any such Agency/Organization, being fully funded
(grants-in-aid) and recognized by the MoHFW, Govt. of India/State Govt., are exempted
from submission of Performance Security. Consortium where the Lead Member is a
Population Research Center (PRC) or Consortium where the Lead Member is any such
Agency/Organization, being fully funded (grants-in-aid) by the MoHFW, Govt. of
India/State Govt., shall also be exempted from submission of Performance Security.

9.2 Appropriation of Performance Security

Upon occurrence of an Agency Default during the Term, the Authority shall, without
prejudice to its other rights and remedies hereunder or in law, be entitled to encash and
appropriate the relevant amounts from the Performance Security as Damages/Liquidated
Damages for such Agency Default. Upon such encashment and appropriation from the
Performance Security, the Agency shall, within 30 (thirty) days thereof, replenish, in case
of partial appropriation, to its original level the Performance Security, and in case of
appropriation of the entire Performance Security provide a fresh Performance Security, as
the case may be, and the Agency shall, within the time so granted, replenish or furnish fresh
Performance Security as aforesaid failing which the Authority shall be entitled to terminate
this Agreement in accordance with Article 18. Upon replenishment or furnishing of a fresh
Performance Security, as the case may be, as aforesaid, the Agency shall be entitled to an
additional Cure Period of 30 (thirty) days for remedying the Agency Default, and in the
event of the Agency not curing its default within such Cure Period, the Authority shall be
entitled to encash and appropriate such Performance Security as Damages/Liquidated
Damages, and to terminate this Agreement in accordance with Article 18.1.

9.3 Release of Performance Security

The Performance Security shall be released within 180 (One Hundred and Eighty) days,
post expiry of the Term.

Page 31 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

10 ARTICLE 10: MAINTENANCE OF EQUIPMENT

10.1 Maintenance Obligations of the Agency

During the Term of the Agreement, or any extension thereof, the Agency shall be required
to maintain, repair and replace any Equipment it is using for performing its duties, at its
own cost. The Authority shall not bear any cost or resultant loss associated for maintenance,
repair or replacement of the Equipment used by the Agency.

Page 32 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

11 ARTICLE 11: SAFETY REQUIREMENTS

11.1 Safety Requirements

The Agency shall comply with the provisions of this Agreement, Applicable Laws and
Applicable Permits and conform to Good Industry Practice for securing the safety of the
deployed staff of Agency and its supporting equipment. The Agency shall also ensure that
the execution of this Contract doesnt create safety concerns or hazards for those involved
with the work or for the surroundings of work.

11.2 Expenditure on Safety Requirements

All costs and expenses arising out of or relating to Safety Requirements shall be borne by
the Agency to the extent such costs and expenses form part of the works and services
included in the Scope of the Project, and works and services, if any, not forming part of the
Scope of the Project shall be undertaken in accordance with the provisions of Article 10.
Costs and expenses on works and services not covered hitherto before and arising out of
Safety Requirements (per Clause 11.1) shall be borne by the Authority.

Page 33 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

12 ARTICLE 12: MONITORING OF SERVICES

12.1 Monitoring of Services

12.1.1 The Authority shall review and approve, the Study Design / Methodology for proper sampling
/ Outline of Report / Field Visit Plan and its Schedule / Script Outline submitted by the Agency.
The Agency shall proceed its further work only upon approval from Authority.

12.1.2 The Authority shall review and provide timely feedback for each submission of Reports /
Documents / Photo Documentation / Video Documentation by the Agency. If the Authority is
unable to provide feedback within 21 days of such submission, it shall be deemed accepted
and approved by Authority.

Page 34 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

13 ARTICLE 13: PERIODICITY AND METHODOLOGY OF PAYMENT

13.1 Payment Terms

13.1.1 The Mission Director, NHM, UP will be the Paying Authority.

13.1.2 Payment will be linked to the following delivery milestones. The milestones may be
achieved in any logical order of completion.

Timeline Payment
S.No. Deliverables
(in months) %
Deliverable 01: Research & Evaluation (assessment of
1 T+10 50%
Schemes/Programs)
1.1 Review of literature, Study design and development of tools T+1 5%
1.2 Research and Survey (Qualitative & Quantitative) T+7 10%
1.3 Analysis of data and first draft report T+9 15%
1.4 Finalization of document and final submission T+10 20%
2 Deliverable 02: Documentation/Photo Documentation T+6 25%
2.1 Collection of content, Review of literature, Outline of report T+1 2.5%
2.2 Field Visit for success stories, data from field T+2 5%
2.3 Photo-shoot T+3 5%
2.4 Analysis of data and first draft report T+5 5%
2.5 Finalization of document and final submission T+6 7.5%
3 Deliverable 03: Video Documentation T+4 25%
3.1 Review of literature, Script Outline and shoot plan T+1 5%
Video Documentation and submission of story board and first
3.2 T+3 10%
cut of shoot
3.3 Finalization of Deliverable T+4 10%

Note:
(i) T will be the day on which the selected Agency shall commence the work, which shall be
within Thirty (30) days of signing of Contract Agreement between Authority and the
successful Bidder.
(ii) *Deliverable 02: Agency will submit first draft report of minimum 2 (two)
Schemes/Programs within two months of commencement of work (T), and shall make final
submission after incorporation of feedback from Authority or its Authorized
representatives for the 2 (two) Schemes/Programs within three months of commencement
of work (T).
(iii) **Deliverable 03: Agency will submit first cut of shoot, of minimum 2 (two)
Schemes/Programs within one month of commencement of work (T) and final submission
after incorporation of feedback from Authority or its Authorized Representatives for the 2
(two) Schemes/Programs within two months of commencement of work (T).
(iv) The 2 (two) Schemes/Programs each for Deliverable 02 and 03, have been asked earlier,
in order to review the quality of Deliverables being produced by the Agency and to address
any major gaps and align the Agency to Authoritys expectations, early on in the Project.

13.1.3 The Agency shall submit a Self-Declaration Form after completion of each milestone, along
with the corresponding Reports/Documents/Photographs/Videos and invoice to the Paying

Page 35 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Authority.

13.1.4 The Paying Authority can raise objection within 07 days of receipt of Self-Declaration Form
along with the corresponding Reports/Documents/Photographs/Videos and invoice and
subsequent to which the verification claim will be considered approved if no objection is
raised.

13.1.5 In case objection is raised by the Paying Authority, it can investigate the concerns with its
authorized representative(s) and the same will have to be addressed by the Agency before its
claim can be consider to be approved.

13.1.6 After receipt of approved verification report and receipt of invoice from the authorized
representative(s), Self-Declaration Form and corresponding Report/ Document from the
Agency, the Paying Authority shall make 90% of the corresponding milestone linked payment
within 30 days of receipt of verification report & invoice or after 30 days of resolution of
dispute, whichever is later.

13.1.7 10% of the corresponding milestone linked payment will be withheld and will be released after
successful completion of milestones Finalization of Document and Final submission for
Deliverables 01 or 02 or Finalization of Deliverable and Final Submission of the Videos for
Deliverable 3 AND Adjustment for penalties, if any.

13.1.8 The payment will be subject to all Statutory Taxes, Tax Deducted at Source (TDS), as per
prevailing Applicable taxes and laws.

13.1.9 The Agency hereby acknowledges and agrees that it is not entitled to any revision of the
Payment Terms or other relief from the Authority except in accordance with the express
provisions of this Agreement.

13.1.10 In case the Authority discovers that any overpayment has been made to the Agency, the
Authority shall be entitled to seek adjustment/reimbursement of such overpayments from the
Payment due for the deliverable/delivery milestone.

13.2 Penalty due to non-conformance to the Service Requirements:

13.2.1 The Authority would be entitled to deduct amount due to the Agency for the Term of this
Agreement, as per Schedule B, if the Agency fails to meet the Service Requirements set out in
this Agreement (with performance specific parameters under Schedule B).

Page 36 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

14 ARTICLE 14: INTELLECTUAL PROPERTY RIGHTS

14.1 The Authority shall be and remain the owner of all the ideas and/or content
conceptualized, created, and implemented by the Agency under this Project. All
Intellectual Property Rights in the said ideas and/or content whether in tangible or
intangible form shall belong to the Authority and the Agency has no right to assign,
Licence, sell, or use, create third party interest in respect of, or transfer in any manner
any content conceptualized, created and implemented under this Contract Project and/or
the intellectual property therein, to any third party under any circumstances.

14.2 All the content conceptualized, created and implemented by the Agency whether in
tangible or intangible form shall bear relevant Copyright notices as instructed by the
Authority.

14.3 The Agency shall take all such appropriate legal actions to safeguard violation of the
Authoritys Intellectual Property Rights, if any.

Page 37 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

15 ARTICLE 15: INSURANCE

15.1 Insurance during Term

The Agency shall effect and maintain at its own cost, during the Term, such insurances for
such maximum sums as may be required under the Applicable Laws, and such insurances
as may be necessary or prudent in accordance with Good Industry Practice (the Insurance
Cover). The Agency shall also effect and maintain such insurances as may be necessary
for mitigating the risks that may devolve on the Authority as a consequence of any act or
omission of an act by the Agency or omission by any Third Party during the Term.

15.2 Waiver of subrogation

All insurance policies in respect of the insurance obtained by the Agency pursuant to this
Article 15 shall include a waiver of any and all rights of subrogation or recovery of the
insurers thereunder against, inter alia, the Authority, and its assigns, successors,
undertakings and their subsidiaries, affiliates, employees, insurers and underwriters, and of
any right of the insurers to any set-off or counterclaim or any other deduction, whether by
attachment or otherwise, in respect of any liability of any such person insured under any
such policy or in any way connected with any loss, liability or obligation covered by such
policies of insurance.

15.3 Agencys waiver

The Agency hereby further releases, assigns and waives any and all rights of subrogation
or recovery against, inter alia, the Authority and its assigns, undertakings and their
subsidiaries, affiliates, employees, successors, insurers and underwriters, which the
Agency may otherwise have or acquire in or from or in any way connected with any loss,
liability or obligation covered by policies of insurance maintained or required to be
maintained by the Agency pursuant to this Agreement (other than third party liability
insurance policies) or because of deductible Clauses in or inadequacy of limits of any such
policies of insurance.

Page 38 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

16 ARTICLE 16: FORCE MAJEURE

16.1 Force Majeure

As used in this Agreement, the expression Force Majeure or Force Majeure Event shall
mean occurrence in India of any or all of Non-Political Event, Indirect Political Event and
Political Event, as defined in Clauses 16.2, 16.3 and 16.4 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 (i) is beyond the reasonable control
of the Affected Party, and (ii) the Affected Party could not have prevented or overcome by
exercise of due diligence and following Good Industry Practice, and (iii) has Material Adverse
Effect on the Affected Party.

16.2 Non-Political Event

A Non-Political Event shall mean one or more of the following acts or events:

16.2.1 act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide,
cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation,
fire or explosion (to the extent of contamination or radiation or fire or explosion;

16.2.2 strikes or boycotts or arson or theft (other than those involving the Agency, Contractors or
their respective employees/representatives, or attributable to any act or omission of any of
them) interrupting services for a continuous period of 24 (twenty-four) hours and an aggregate
period exceeding 7 (seven) days in an Accounting Year, and not being an Indirect Political
Event set forth in Clause 16.3;

16.2.3 any failure or delay of a Contractor but only to the extent caused by another Non-Political
Event and which does not result in any offsetting compensation being payable to the Agency
by or on behalf of such Contractor;

16.2.4 any judgement or order of any court of competent jurisdiction or statutory Authority made
against the Agency in any proceedings for reasons other than (i) failure of the Agency to
comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any
Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this
Agreement, or (iv) exercise of any of its rights under this Agreement by the Authority; or

16.2.5 any event or circumstances of a nature analogous to any of the foregoing.

16.3 Indirect Political Event

An Indirect Political Event shall mean one or more of the following acts or events:

16.3.1 an act of war (whether declared or undeclared), invasion, armed conflict or act of foreign
enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or
politically motivated sabotage;

16.3.2 industry-wide or State-wide strikes or industrial action for a continuous period of 24 (twenty-

Page 39 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year;

16.3.3 any failure or delay of a Contractor to the extent caused by any Indirect Political Event and
which does not result in any offsetting compensation being payable to the Agency by or on
behalf of such Contractor;

16.3.4 any Indirect Political Event that causes a Non-Political Event; or

16.3.5 any event or circumstances of a nature analogous to any of the foregoing.

16.4 Political Event

A Political Event shall mean one or more of the following acts or events by or on account of
any Government Instrumentality:

16.4.1 compulsory acquisition in national interest or expropriation of rights of the Agency;

16.4.2 unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant
without valid cause, any clearance, licence, permit, authorisation, no objection certificate,
consent, approval or exemption required by the Agency to perform its obligations under this
Agreement; provided that such delay, modification, denial, refusal or revocation did not result
from the Agencys inability or failure to comply with any condition relating to grant,
maintenance or renewal of such clearance, licence, authorisation, no objection certificate,
exemption, consent, approval or permit;

16.4.3 any failure or delay of a Contractor but only to the extent caused by another Political Event
and which does not result in any offsetting compensation being payable to the Agency by or
on behalf of such Contractor; or

16.4.4 any event or circumstance of a nature analogous to any of the foregoing.

16.5 Duty to report Force Majeure Event

16.5.1 Upon occurrence of a Force Majeure Event, the Affected Party shall by notice report such
occurrence to the other Party forthwith. Any notice pursuant hereto shall include full
particulars of:

16.5.1.1 the nature and extent of each Force Majeure Event which is the subject of any claim for relief
under this Article 17 with evidence in support thereof;

16.5.1.2 the estimated duration and the effect or probable effect which such Force Majeure Event is
having or will have on the Affected Partys performance of its obligations under this
Agreement;

16.5.1.3 the measures which the Affected Party is taking or proposes to take for alleviating the impact
of such Force Majeure Event; and

16.5.1.4 any other information relevant to the Affected Partys claim.

Page 40 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

16.5.2 The Affected Party shall not be entitled to any relief for or in respect of a Force Majeure Event
unless it shall have notified the other Party of the occurrence of the Force Majeure Event as
soon as reasonably practicable, and in any event not later than 7 (seven) days after the Affected
Party knew, or ought reasonably to have known, of its occurrence, and shall have given
particulars of the probable material effect that the Force Majeure Event is likely to have on the
performance of its obligations under this Agreement.

16.5.3 For so long as the Affected Party continues to claim to be materially affected by such Force
Majeure Event, it shall provide the other Party with regular (and not less than weekly) reports
containing information as required by Clause 16.5.1, and such other information as the other
Party may reasonably request the Affected Party to provide.

16.6 Effect of Force Majeure Event on the Agreement

16.6.1 Upon the occurrence of any Force Majeure Event prior to the Appointed Date, the Conditions
Precedent Period as set forth in Article 4 shall be extended by a period equal in length to the
duration of the Force Majeure Event.

16.6.2 At any time after the Appointed Date, if any Force Majeure Event occurs whereupon the
Agency is unable to provide the Services during the period for which Force Majeure exists, no
Payment shall be made by the Authority to the Agency and appropriate deductions shall be
made by the Authority at the time of settling the amounts due towards the deliverables based
Payment. However, the Agency shall not be liable to pay any damages to the Authority in case
it is unable to provide the Services on account of any Force Majeure Event.

16.7 Allocation of costs arising out of Force Majeure

16.7.1 Upon occurrence of any Force Majeure Event prior to the Appointed Date and during the Term,
the Parties shall bear their respective costs and no Party shall be required to pay to the other
Party any costs thereof.

16.7.2 Save and except as expressly provided in this Article 17, neither Party shall be liable in any
manner whatsoever to the other Party in respect of any loss, damage, cost, expense, claims,
demands and proceedings relating to or arising out of occurrence or existence of any Force
Majeure Event or exercise of any right pursuant hereto.

16.8 Termination Notice for Force Majeure Event

If a Force Majeure Event subsists for more than a continuous period of 90 (ninety) days or for
a total/cumulative time period of more than 360 (three hundred and sixty) days during the
Term, either Party may in its discretion terminate this Agreement by issuing a Termination
Notice of 30 days to the other Party without being liable in any manner whatsoever, save as
provided in this Article 17, and upon issue of such Termination Notice, this Agreement shall,
notwithstanding anything to the contrary contained herein, stand terminated forthwith after
expiry of the said notice period; provided that before issuing such Termination Notice, the
Party intending to issue the Termination Notice shall inform the other Party of such intention
and grant 15 (fifteen) days time to make a representation, and may after the expiry of such 15
(fifteen) days period, whether or not it is in receipt of such representation, in its sole discretion
issue the Termination Notice.

Page 41 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

16.9 Termination Payment for Force Majeure Event

16.9.1 If Termination is on account of any of the Force Majeure Events, the Authority shall return
the Performance Security to the Agency. The Agency shall take appropriate insurance
cover for hedging risks associated with the events of Force Majeure.

16.10 Dispute resolution

In the event that the Parties are unable to agree in good faith about the occurrence or existence
of a Force Majeure Event, such Dispute shall be finally settled in accordance with the Dispute
Resolution Procedure; provided that the burden of proof as to the occurrence or existence of
such Force Majeure Event shall be upon the Party claiming relief and/or excuse on account of
such Force Majeure Event.

16.11 Excuse from performance of obligations

If the Affected Party is rendered wholly or partially unable to perform its obligations under
this Agreement because of a Force Majeure Event, it shall be excused from performance of
such of its obligations to the extent it is unable to perform on account of such Force Majeure
Event; provided that:

16.11.1 the suspension of performance shall be of no greater scope and of no longer duration than is
reasonably required by the Force Majeure Event;

16.11.2 the Affected Party shall make all reasonable efforts to mitigate or limit damage to the other
Party arising out of or as a result of the existence or occurrence of such Force Majeure Event
and to cure the same with due diligence; and

16.11.3 when the Affected Party is able to resume performance of its obligations under this Agreement,
it shall give to the other Party notice to that effect and shall promptly resume performance of
its obligations hereunder.

Page 42 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

17 ARTICLE 17: SUSPENSION OF AGENCY RIGHTS

17.1 Suspension upon Agency Default

Upon occurrence of an Agency Default, the Authority shall be entitled, without prejudice to
its other rights and remedies under this Agreement including its rights of Termination
hereunder, to (i) suspend all rights of the Agency under this Agreement including the Agencys
right to receive Payment for a specified period, and (ii) exercise such rights itself or authorise
any other person to exercise the same on its behalf during such suspension (the Suspension).
Suspension hereunder shall be effective forthwith upon issue of notice by the Authority to the
Agency and may extend up to a period not exceeding 90 (ninety) days from the date of issue
of such notice; provided that upon written request from the Agency and the Lenders
Representative, the Authority shall extend the aforesaid period of 90 (ninety) days by a further
period not exceeding 60 (sixty) days.

17.2 Authority to act on behalf of Agency

17.2.1 During the period of Suspension, the Authority shall not be obliged to pay any Payment to the
Agency.

17.2.2 During the period of Suspension hereunder, all things done or actions taken, including
expenditure incurred by the Authority for discharging the obligations of the Agency under and
in accordance with this Agreement, shall be deemed to have been done or taken for and on
behalf of the Agency and the Agency undertakes to indemnify the Authority for all costs
incurred during such period.

17.3 Revocation of Suspension

17.3.1 In the event that the Authority shall have rectified or removed the cause of Suspension within
a period not exceeding 45 (forty-five) days from the date of Suspension, it shall revoke the
Suspension forthwith and restore all rights of the Agency under this Agreement.

17.3.2 Upon the Agency having cured the Agency Default within a period not exceeding 45 (forty-
five) days from the date of Suspension, the Authority shall revoke the Suspension forthwith
and restore all rights of the Agency under this Agreement.

17.4 Termination

17.4.1 At any time during the period of Suspension under this Article 17, the Agency may make a
representation to the Authority in writing, to revoke the Suspension and elect to issue a
Termination Notice under Article 18. The Authority may, within 15 (fifteen) days of receipt
of such representation in writing, terminate this Agreement in accordance with Article 18.

17.4.2 Notwithstanding anything to the contrary contained in this Agreement, in the event that
Suspension is not revoked within 90 (ninety) days from the date of Suspension hereunder or
within the extended period, if any, set forth in Clause 17.1, the Agreement shall, upon expiry
of the aforesaid period, be deemed to have been terminated by mutual agreement of the Parties
and all the provisions of this Agreement shall apply, mutatis mutandis, to such Termination as
if a Termination Notice had been issued by the Authority upon occurrence of an Agency
Default.

Page 43 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

18 ARTICLE 18: TERMINATION

18.1 Termination for Agency Default

18.1.1 The Authority may terminate the contract under following circumstances:
If the successful bidder withdraws its bid after its acceptance or fails to submit the required
Performance Securities for the initial contract and or fails to fulfil any other contractual
obligations. In that event, the Authority will have the right to purchase the services from next
eligible bidder and the extra expenditure on this account shall be recoverable from the
defaulter. The Earnest Money and the Performance Security deposited by the defaulter shall
also be recovered to pay the balance amount of extra expenditure incurred by the Authority.

The following conditions will be treated as failure to fulfil the key contractual obligation:
1. Criminal Indictment and excess and/or forged billing to the Authority
2. Insolvency
3. Failure to commence the services even after breaching the maximum Liquidated
Damages which is equal to the performance security amount

The Agency will be served a notice of termination by the Authority and will be require to rectify
its defaults within 30 days of receipt of Notice on such default, failing which the services will
be treated as Terminated.

18.1.2 Save as otherwise provided in this Agreement, in the event that any of the defaults specified
below shall have occurred, and the Agency fails to cure the default within the Cure Period set
forth below, or where no Cure Period is specified, then within a Cure Period of 30 (thirty) days
from recorded date of occurrence of such default or Notice of occurrence of such default issued
by Authority, the Agency shall be deemed to be in default of this Agreement (an Agency
Default), unless the default has occurred solely as a result of any breach of this Agreement by
the Authority or due to Force Majeure. The defaults referred to herein shall include:

18.1.2.1 the Performance Security has been encashed and appropriated in accordance with Clause 9.2
and the Agency fails to replenish or provide fresh Performance Security within a Cure Period
of 30 (thirty) days;

18.1.2.2 subsequent to the replenishment or furnishing of fresh Performance Security in accordance


with Clause 9.2, the Agency fails to cure, within a Cure Period of 30 (thirty) days, the Agency
Default for which whole or part of the Performance Security was appropriated;

18.1.2.3 the Agency is in material breach of its obligations as laid down in this Agreement;

18.1.2.4 the Agency is in breach of the Service and Operations Requirements;

18.1.2.5 the Agency repudiates this Agreement or otherwise takes any action or evidences or conveys
an intention not to be bound by the Agreement;

18.1.2.6 there is a transfer, pursuant to law either of (i) the rights and/or obligations of the Agency
under the Agreement, or of (ii) all or part of the assets or undertaking of the Agency, and such
transfer causes a Material Adverse Effect;

18.1.2.7 an execution levied on any of the assets of the Agency has caused a Material Adverse Effect;

18.1.2.8 the Agency is adjudged bankrupt or insolvent, or if a trustee or receiver is appointed for the

Page 44 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Agency or for the whole or material part of its assets that has a material bearing on the Project;

18.1.2.9 the Agency has been, or is in the process of being liquidated, dissolved, wound-up,
amalgamated or reconstituted in a manner that would cause, in the reasonable opinion of the
Authority, a Material Adverse Effect;

18.1.2.10 a resolution for winding up of the Agency is passed, or any petition for winding up of the
Agency is admitted by a court of competent jurisdiction and a provisional liquidator or
receiver is appointed and such order has not been set aside within 90 (ninety) days of the date
thereof or the Agency is ordered to be wound up by Court except for the purpose of
amalgamation or reconstruction; provided that, as part of such amalgamation or
reconstruction, the entire property, assets and undertaking of the Agency are transferred to
the amalgamated or reconstructed entity and that the amalgamated or reconstructed entity has
unconditionally assumed the obligations of the Agency under this Agreement, and provided
that:

18.1.2.10.1 the amalgamated or reconstructed entity has the capability and operating experience
necessary for the performance of its obligations under this Agreement;

18.1.2.10.2 the amalgamated or reconstructed entity has the financial standing to perform its obligations
under this Agreement and has a credit worthiness at least as good as that of the Agency as
at the Appointed Date; and

18.1.2.11 any representation or warranty of the Agency herein contained which is, as of the date hereof,
found to be materially false or the Agency is at any time hereafter found to be in breach
thereof;

18.1.2.12 the Agency submits to the Authority any statement which has a material effect on the
Authoritys rights, obligations or interests and which is false in material particulars;

18.1.2.13 the Agency has failed to fulfil any obligation, for which failure Termination has been specified
in this Agreement; or

18.1.2.14 the Agency commits a default in complying with any other provision of this Agreement if
such a default causes a Material Adverse Effect on the Authority.

18.1.3 Without prejudice to any other rights or remedies which the Authority may have under this
Agreement, upon occurrence of an Agency Default, the Authority shall be entitled to terminate
this Agreement by issuing a Termination Notice to the Agency; provided that before issuing
the Termination Notice, the Authority shall by a notice inform the Agency of its intention to
issue such Termination Notice and grant 15 (fifteen) days to the Agency to make a
representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt
of such representation, issue the Termination Notice, subject to the provisions of Clause 18.1.3.

18.1.4 The Authority shall, if there be Senior Lenders, send a copy of its notice of intention to issue a
Termination Notice referred to in Clause 18.1.2 to inform the Lenders Representative

18.2 Termination for Authority Default

18.2.1 In the event that any of the defaults specified below shall have occurred, and the Authority fails
to cure such default within a Cure Period of 30 (thirty) days or such longer period as has been
expressly provided in this Agreement, the Authority shall be deemed to be in default of this
Agreement (the Authority Default) unless the default has occurred as a result of any breach
of this Agreement by the Agency or due to Force Majeure. The defaults referred to herein shall

Page 45 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

include:

18.2.1.1 The Authority commits a material default in complying with any of the provisions of this
Agreement and such default has a Material Adverse Effect on the Agency;

18.2.1.2 the Authority has failed to make any certified and undisputed payment to the Agency within
the period specified in this Agreement;

18.2.1.3 the Authority repudiates this Agreement or otherwise takes any action that amounts to or
manifests an irrevocable intention not to be bound by this Agreement; or

18.2.2 Without prejudice to any other right or remedy which the Agency may have under this
Agreement, upon occurrence of an Authority Default, the Agency shall, be entitled to terminate
this Agreement by issuing a Termination Notice to the Authority; provided that before issuing
the Termination Notice, the Agency shall by a notice inform the Authority of its intention to
issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a
representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt
of such representation, issue the Termination Notice.

18.3 Termination Payment on any Default would be as per Article 26

18.4 Other rights and obligations of the Authority


Upon Termination for any reason whatsoever,

18.4.1 The Authority shall take possession of all the data/reports/photo documentation/video
documentation from the Agency;

18.4.2 The Authority shall be entitled to restrain the Agency and any person claiming through or under
the Agency from use of its data/reports/photo documentation/video documentation;

18.5 Survival of rights

Notwithstanding anything to the contrary contained in this Agreement, any Termination


pursuant to the provisions of this Agreement shall be without prejudice to the accrued rights of
either Party including its right to claim and recover money damages, insurance proceeds,
security deposits, and other rights and remedies, which it may have in law or contract. All rights
and obligations of either Party under this Agreement shall survive the Termination to the extent
such survival is necessary for giving effect to such rights and obligations.

Page 46 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

19 ARTICLE 19: SERVICE CONTINUITY REQUIREMENTS

19.1 Service Continuity

Notwithstanding Article 19, upon Termination, the Agency shall comply with and conform
to the following:

19.1.1 Submit to the Authority, all the Data / Research Work / Reports /RAW Footage collected for
Report / Documentation / Photographs / Video, along with a Plan outlining the handover and
subsequent usage procedures for the Authority

Page 47 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

20 ARTICLE 20: DEFECTS LIABILITY AND ASSIGNMENT

20.1 Liability for defects

The Agency shall be responsible for remedying and removing all Defects during the Term,
and it shall have the obligation to repair or rectify, at its own cost, all Defects arising
during the Term or observed by the Authority in the
Report/Documents/Photographs/Videos during the aforesaid period. Such a defect shall
be rectified by Agency within a period of 15 (fifteen) days from the date of
communication in the form of Feedback by the Authority in this regard. Any default by
the Agency in repairing/rectifying such a defect shall be dealt as per the applicable Service
and Operations Requirements described in Schedule B.

20.2 Assignment

20.2.1 Restrictions on Assignment

This Agreement shall not be assigned, sub-contracted, or sub-let by the Agency to any
person or entity, save and except with prior consent in writing of the Authority, which
Authority shall be entitled to decline without assigning any reason.

20.2.2 Assignment by the Authority

Notwithstanding anything to the contrary contained in this Agreement, the Authority


may, after giving 60 (sixty) days notice to the Agency, assign any of its rights and
benefits and/or obligations under this Agreement; to an assignee who is, in the
reasonable opinion of the Authority, capable of fulfilling all of the Authoritys then
outstanding obligations under this Agreement.

Page 48 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

21 ARTICLE 21: CHANGE IN LAW

21.1 Change in Cost for Agency

If, as a result of Change in Law (confined to Applicable Law), the Agency incurs an increase in
costs or reduction in net amount after-tax return (with reference to all prevailing Statutory taxes
example: Service Tax), or other financial burden, the Authority shall not be able to revise any
Payment Terms of this Contract Agreement because of the same.

21.2 Change in Tax Structure / Tax Rate

The Financial Bid Price quoted by the Agency, shall be exclusive of applicable Service Tax
payable on such amount. Any tax payable on the Financial Bid Price, as on the date of the
payment becoming due, shall be payable by the Authority. The amount payable accordingly,
shall be adjusted for any tax that may become payable during the term of the Contract. For
sake of clarity, it is mentioned that any change in the rate of Service Tax or substitution of
present tax structure with any new structure will also be covered and taken into account under
this clause for the purpose of reimbursement of taxes payable by the Agency on the amounts
paid under the Contract.

Page 49 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

22 ARTICLE 22: INDEMNITY

22.1 General indemnity

22.1.1 The Agency will indemnify, defend, save and hold harmless the Authority and its officers,
servants, agents, Authority Instrumentalities and Authority owned and/or controlled
entities/enterprises, including the Authority (the Indemnified Persons) against any and all
suits, proceedings, actions, demands and third party claims for any loss, damage, cost and
expense of whatever kind and nature arising out of or in connection with the Performance of
Contract by Agency including in relation to accuracy of reports (ref: any breach by the Agency
of any of its obligations under this Agreement), or any related agreement or on account of any
Defect in the provision of services by the Agency, except to the extent that any such suits,
proceedings, actions, demands and claims have arisen due to any negligent act or omission, or
breach of this Agreement on the part of the Indemnified Persons.

22.1.2 The Authority will indemnify, defend, save and hold harmless the Agency against any and all
suits, proceedings, actions, demands and third party claims for any loss, damage, cost and
expense of whatever kind and nature arising out of breach by the Authority of any of its
obligations under this Agreement or any related agreement, which materially and adversely
affect the performance by the Agency of its obligations under this Agreement, save and except
that where any such claim, suit, proceeding, action, and/or demand has arisen due to a negligent
act or omission, or breach of any of its obligations under any provision of this Agreement or
any related agreement and/or breach of its statutory duty on the part of the Agency, its
subsidiaries, affiliates, Contractors, servants or agents, the same shall be the liability of the
Agency.

22.2 Indemnity by the Agency

22.2.1 Without limiting the generality of Clause 22.1, the Agency shall fully indemnify, hold harmless
and defend the Authority and the Indemnified Persons from and against any and all loss and/or
damages arising out of or with respect to:

22.2.1.1 failure of the Agency to comply with Applicable Laws and Applicable Permits;

22.2.1.2 payment of taxes required to be made by the Agency in respect of the income or other taxes
of the Agencys Contractors and representatives; or

22.2.1.3 non-payment of amounts due as a result of materials or services furnished to the Agency or
any of its Contractors which are payable by the Agency or any of its Contractors.

22.2.2 Without limiting the generality of the provisions of this Article 23, the Agency shall fully
indemnify, hold harmless and defend the Indemnified Persons from and against any and all
suits, proceedings, actions, claims, demands, liabilities and damages which the Indemnified
Persons may hereafter suffer, or pay by reason of any demands, claims, suits or proceedings
arising out of claims of infringement of any domestic or foreign patent rights, copyrights or
other intellectual property, proprietary or confidentiality rights with respect to any materials,
information, design or process used by the Agency or by the Agencys Contractors in
performing the Agencys obligations or in any way incorporated in or related to the Project. If
in any such suit, action, claim or proceedings, a temporary restraint order or preliminary
injunction is granted, the Agency shall make every effort, by giving a satisfactory bond or
otherwise, to secure the revocation or suspension of the injunction or restraint order. If, in any
such suit, action, claim or proceedings, the final deliverables, or use of any part thereof, is held
to constitute an infringement of any third partys intellectual property rights and its use is
permanently enjoined, the Agency shall promptly make every reasonable effort to secure for

Page 50 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

the Authority a licence, at no cost to the Authority, authorising continued use of the
knowledge/technical documentation/documented deliverable content. If the Agency is unable
to secure such licence within a reasonable time, the Agency shall, at its own expense, either
replace the impacted content/knowledge thereof with non-infringing content/knowledge/
deliverables, or modify the same so that it no longer infringes the said intellectual property
rights.

22.3 Notice and contest of claims


In the event that either Party receives a claim or demand from a third party in respect of which
it is entitled to the benefit of an indemnity under this Article 23 (the Indemnified Party) it
shall notify the other Party (the Indemnifying Party) within 15 (fifteen) days of receipt of the
claim or demand and shall not settle or pay the claim without the prior approval of the
Indemnifying Party, which approval shall not be unreasonably withheld or delayed. In the event
that the Indemnifying Party wishes to contest or dispute the claim or demand, it may conduct
the proceedings in the name of the Indemnified Party, subject to the Indemnified Party being
secured against any costs involved, to its reasonable satisfaction.

22.4 Defence of claims

22.4.1 The Indemnified Party shall have the right, but not the obligation, to contest, defend and litigate
any claim, action, suit or proceeding by any third party alleged or asserted against such Party
in respect of, resulting from, related to or arising out of any matter for which it is entitled to be
indemnified hereunder, and reasonable costs and expenses thereof shall be indemnified by the
Indemnifying Party. If the Indemnifying Party acknowledges in writing its obligation to
indemnify the Indemnified Party in respect of loss to the full extent provided by this Article 23,
the Indemnifying Party shall be entitled, at its option, to assume and control the defence of such
claim, action, suit or proceeding, liabilities, payments and obligations at its expense and through
the counsel of its choice; provided it gives prompt notice of its intention to do so to the
Indemnified Party and reimburses the Indemnified Party for the reasonable cost and expenses
incurred by the Indemnified Party prior to the assumption by the Indemnifying Party of such
defence. The Indemnifying Party shall not be entitled to settle or compromise any claim,
demand, action, suit or proceeding without the prior written consent of the Indemnified Party,
unless the Indemnifying Party provides such security to the Indemnified Party as shall be
reasonably required by the Indemnified Party to secure the loss to be indemnified hereunder to
the extent so compromised or settled.

22.4.2 If the Indemnifying Party has exercised its rights under Clause 22.3, the Indemnified Party shall
not be entitled to settle or compromise any claim, action, suit or proceeding without the prior
written consent of the Indemnifying Party (which consent shall not be unreasonably withheld
or delayed).

22.4.3 If the Indemnifying Party exercises its rights under Clause 22.3, the Indemnified Party shall
nevertheless have the right to employ its own counsel, and such counsel may participate in such
action, but the fees and expenses of such counsel shall be at the expense of the Indemnified
Party, when and as incurred, unless:

22.4.3.1 the employment of counsel by such party has been authorised in writing by the Indemnifying
Party; or

22.4.3.2 the Indemnified Party shall have reasonably concluded that there may be a conflict of interest
between the Indemnifying Party and the Indemnified Party in the conduct of the defence of
such action; or

22.4.3.3 the Indemnifying Party shall not, in fact, have employed independent counsel reasonably

Page 51 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

satisfactory to the Indemnified Party, to assume the defence of such action and shall have
been so notified by the Indemnified Party; or

22.4.3.4 the Indemnified Party shall have reasonably concluded and specifically notified the
Indemnifying Party either:

22.4.3.4.1 that there may be specific defences available to it which are different from or additional
to those available to the Indemnifying Party; or

22.4.3.4.2 that such claim, action, suit or proceeding involves or could have a material adverse effect
upon it beyond the scope of this Agreement:
Provided that if Sub-Clauses 22.4.3.2, 22.4.3.3 or 22.4.3.4 of this Clause 22.4.3 shall be
applicable, the counsel for the Indemnified Party shall have the right to direct the defence
of such claim, demand, action, suit or proceeding on behalf of the Indemnified Party, and
the reasonable fees and disbursements of such counsel shall constitute legal or other
expenses hereunder.

22.5 No consequential claims

Notwithstanding anything to the contrary contained in this Article 23, the indemnities herein
provided shall not include any claim or recovery in respect of any cost, expense, loss or damage
of an indirect, incidental or consequential nature, including loss of profit, except as expressly
provided in this Agreement.

22.6 Survival on Termination

The provisions of this Article 23 shall survive Termination.

Page 52 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

23 ARTICLE 23: APPLICABLE ACCESS PERMITS

23.1 Applicable Permits

23.1.1 For the purpose of this Agreement and the covenants and warranties on the part of the Agency
herein contained, the Authority, in accordance with the terms and conditions set forth herein
and/or under this Agreement, shall grant Applicable Permits or Access to the Agency to certain
specified locations, based on the Field Visit Plans submitted by the Agency. The Applicable
Permits shall be valid as per the schedule and only for locations mentioned in the submitted
Field Visit Plans. The Authority may, upon its own discretion, and in the best interest of the
Project, may request the Agency for any modification to the submitted Field Visit Plan.

23.1.2 It is expressly agreed that the Permits granted hereunder shall terminate automatically and
forthwith, without the need for any action to be taken by the Authority to terminate the
Agreement, upon the Termination of this Agreement or expiry of Term of Agreement, for any
reason whatsoever.

23.1.3 The Agency hereby irrevocably appoints the Authority (or its nominee) to be its true and lawful
attorney, to execute and sign in the name of the Agency a transfer or surrender of the Permit
granted hereunder at any time after the Term has expired or has been terminated earlier in terms
hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the
Authority, and the Agency consents to it being registered for this purpose.

23.2 Restriction on Sub-Licensing

The Agency shall not sub-license its rights hereunder, save and except as may be expressly
set forth in this Agreement; provided that nothing contained herein shall be construed or
interpreted as restricting the right of the Agency to appoint Contractors for the performance
of its obligations hereunder.

Page 53 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

24 ARTICLE 24: DISPUTE RESOLUTION

24.1 Dispute resolution

24.1.1 Any dispute, difference or controversy of whatever nature howsoever arising under or out of or
in relation to this Agreement (including its interpretation) between the Parties, and so notified
in writing by either Party to the other Party (the Dispute) shall, in the first instance, be
attempted to be resolved amicably in accordance with the conciliation procedure set forth in
Clause 24.2.

24.1.2 The Parties agree to use their best efforts for resolving all Disputes arising under or in respect
of this Agreement promptly, equitably and in good faith, and further agree to provide each other
with reasonable access during normal business hours to all non-privileged records, information
and data pertaining to any Dispute.

24.2 Conciliation

In the event of any Dispute between the Parties, either Party may call upon the Authority to
mediate and assist the Parties in arriving at an amicable settlement thereof. Failing mediation
by the Authority, either Party may require such Dispute to be referred to the Chairman of the
Authority and the Chairman of the Board of Directors of the Agency for amicable settlement,
and upon such reference, the said persons shall meet no later than 7 (seven) days from the
date of reference to discuss and attempt to amicably resolve the Dispute. If such meeting does
not take place within the 7 (seven) day period or the Dispute is not amicably settled within 15
(fifteen) days of the meeting or the Dispute is not resolved as evidenced by the signing of
written terms of settlement within 30 (thirty) days of the notice in writing referred to in Clause
23.1.1 or such longer period as may be mutually agreed by the Parties, either Party may refer
the Dispute to arbitration in accordance with the provisions of Clause 24.3.

24.3 Arbitration

24.3.1 Any Dispute which is not resolved amicably by conciliation, as provided in Clause 24.2, shall
be finally decided by reference to arbitration in accordance with Clause 24.3.2. Such arbitration
shall be held in accordance with the provisions of the Arbitration Act. The venue of such
arbitration shall be Lucknow, and the language of arbitration proceedings shall be English.

24.3.2 Each Party shall appoint one arbitrator and the two appointed arbitrators shall appoint a third
arbitrator in accordance with the Arbitration Act.

24.3.3 The arbitrators shall make a reasoned award (the Award). Any Award made in any arbitration
held pursuant to this Article 25 shall be final and binding on the Parties as from the date it is
made, and the Agency and the Authority agree and undertake to carry out such Award without
delay.

24.3.4 The Agency and the Authority agree that an Award may be enforced against the Agency and/or
the Authority, as the case may be, and their respective assets wherever situated.

24.3.5 This Agreement and the rights and obligations of the Parties shall remain in full force and effect,
pending the Award in any arbitration proceedings hereunder.

Page 54 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

25 ARTICLE 25: MISCELLANEOUS

25.1 Governing law and jurisdiction

This Agreement shall be construed and interpreted in accordance with and governed by the
laws of India, and subject to Clause 24.3, the courts at Lucknow, Uttar Pradesh shall have
jurisdiction over matters arising out of or relating to this Agreement.

25.2 Confidentiality

a) Any information pertaining to Authority, including its business, to which the Agency is
exposed as a result of this Agreement shall be considered to be Confidential Information.
Agency shall not disclose any Confidential Information to any person or entity, without the
express written consent of the Authority.

b) Subject to the generality of sub clause (a) above, all the documents, papers, information, data
submitted by Authority to the Agency shall remain confidential in nature and Agency shall
not disclose the said Confidential Information to any third party without prior written consent
of the Agency. Agency shall not use this information, data, papers, documents etc. without
prior written approval of the Authority. Further, by virtue of this Agreement, Agency shall not
be authorized or entitled to use the Trade Mark / Name / Logo etc., of the Authority except as
expressly provided under this Agreement.

c) Notwithstanding anything contained in this Agreement, the provisions of this clause shall
continue to be applicable to and to bind the parties, without limit in point in time except and
until such information enters public domain.

25.3 Waiver of immunity

Each Party unconditionally and irrevocably:

25.3.1 agrees that the execution, delivery and performance by it of this Agreement constitute
commercial acts done and performed for commercial purpose;

25.3.2 agrees that, should any proceedings be brought against it or its assets, property or revenues in
any jurisdiction in relation to this Agreement or any transaction contemplated by this
Agreement, no immunity (whether by reason of sovereignty or otherwise) from such
proceedings shall be claimed by or on behalf of the Party with respect to its assets;

25.3.3 waives any right of immunity which it or its assets, property or revenues now has, may acquire
in the future or which may be attributed to it in any jurisdiction; and

25.3.4 consents generally in respect of the enforcement of any judgement or award against it in any
such proceedings to the giving of any relief or the issue of any process in any jurisdiction in
connection with such proceedings (including the making, enforcement or execution against it
or in respect of any assets, property or revenues whatsoever irrespective of their use or intended
use of any order or judgement that may be made or given in connection therewith).

25.4 Delayed payments

The Parties hereto agree that payments due from one Party to the other Party under the
provisions of this Agreement shall be made within the period set forth therein, and if no such

Page 55 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

period is specified, within 30 (thirty) days of receiving a demand along with the necessary
particulars. In the event of delay beyond such period, save and except otherwise expressly
provided in this Agreement, the defaulting Party shall pay interest @ SBI PLR per annum for
the period of delay for such amount and recovery thereof shall be without prejudice to the rights
of the Parties under this Agreement including Termination thereof.

25.5 Waiver

25.5.1 Waiver, including partial or conditional waiver, by either Party of any default by the other Party
in the observance and performance of any provision of or obligations under this Agreement:

25.5.1.1 shall not operate or be construed as a waiver of any other or subsequent default hereof or of
other provisions of or obligations under this Agreement;

25.5.1.2 shall not be effective unless it is in writing and executed by a duly authorised
representative of the Party; and

25.5.1.3 shall not affect the validity or enforceability of this Agreement in any manner.

25.5.2 Neither the failure by either Party to insist on any occasion upon the performance of the terms,
conditions and provisions of this Agreement or any obligation thereunder nor time or other
indulgence granted by a Party to the other Party shall be treated or deemed as waiver of such
breach or acceptance of any variation or the relinquishment of any such right hereunder.

25.6 Exclusion of implied warranties etc.

This Agreement expressly excludes any warranty, condition or other undertaking implied at
law or by custom or otherwise arising out of any other agreement between the Parties or any
representation by either Party not contained in a binding legal agreement executed by both
Parties.

25.7 Survival

25.7.1 Termination shall:

25.7.1.1 not relieve the Agency or the Authority as the case may be, of any obligations hereunder
which expressly or by implication survive Termination hereof; and

25.7.1.2 except as otherwise provided in any provision of this Agreement expressly limiting the
liability of either Party, not relieve either Party of any obligations or liabilities for loss or
damage to the other Party arising out of, or caused by, acts or omissions of such Party prior
to the effectiveness of such Termination or arising out of such Termination.

25.8 Entire Agreement

This Agreement and the Schedules together constitute a complete and exclusive statement of
the terms of the agreement between the Parties on the subject hereof, and no amendment or
modification hereto shall be valid and effective unless such modification or amendment is
agreed to in writing by the Parties and duly executed by persons especially empowered in this
behalf by the respective Parties. All prior written or oral understandings, offers or other
communications of every kind pertaining to this Agreement are abrogated and withdrawn.

Page 56 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

25.9 Severability

If for any reason whatever, any provision of this Agreement is or becomes invalid, illegal or
unenforceable or is declared by any court of competent jurisdiction or any other instrumentality
to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining
provisions shall not be affected in any manner, and the Parties will negotiate in good faith with
a view to agreeing to one or more provisions which may be substituted for such invalid,
unenforceable or illegal provisions, as nearly as is practicable to such invalid, illegal or
unenforceable provision. Failure to agree upon any such provisions shall not be subject to the
Dispute Resolution Procedure set forth under this Agreement or otherwise.

25.10 No partnership

This Agreement shall not be interpreted or construed to create an association, joint venture or
partnership between the Parties, or to impose any partnership obligation or liability upon either
Party, and neither Party shall have any right, power or Authority to enter into any agreement or
undertaking for, or act on behalf of, or to act as or be an agent or representative of, or to
otherwise bind, the other Party.

25.11 Third Parties

This Agreement is intended solely for the benefit of the Parties, and their respective successors
and permitted assigns (if any), and nothing in this Agreement shall be construed to create any
duty to, standard of care with reference to, or any liability to, any person not a Party to this
Agreement.

25.12 Successors and Assigns

This Agreement shall be binding upon, and inure to the benefit of the Parties and their respective
successors and permitted assigns (if any).

25.13 Notices

Any notice or other communication to be given by any Party to the other Party under or in
connection with the matters contemplated by this Agreement shall be in writing and shall:

25.13.1 in the case of the Agency, be given by email, facsimile and/or by letter delivered by hand to the
address given and marked for attention of the person set out below or to such other person and
number (in case of facsimile) as the Agency may from time to time designate by notice to the
Authority; provided that notices or other communications to be given to an address, are
subsequently confirmed by sending a copy thereof by registered acknowledgement due, by air
mail or courier

25.13.2 in the case of the Authority, be given by email, facsimile and/or by letter delivered by hand and
be addressed to the Authority with a copy delivered to the Authority Representative or such
other person as the Authority may from time to time designate by notice to the Agency; and

25.13.3 any notice or communication by a Party to the other Party, given in accordance herewith, shall
be deemed to have been delivered when in the normal course of post, it ought to have been
delivered.

25.14 Language

Page 57 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

All notices required to be given by one Party to the other Party and all other communications,
Documentation and proceedings which are in any way relevant to this Agreement shall be in
writing and in English language.

25.15 Counterparts

This Agreement may be executed in two counterparts, each of which, when executed and
delivered, shall constitute an original of this Agreement.

25.16 Address for Correspondence

For the Authority (Contract Signing)


[.]
[.]
[.]
[.]

For the Nodal Authority/Tender Authority


[.]
[.]
[.]
[.]

For the Service Provider


[.]
[.]
[.]
[.]

Page 58 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

26 ARTICLE 26: COMPENSATION UPON TERMINATION

26.1 Termination due to Force Majeure Event


If the termination is due to a Force Majeure Event, compensation payable to the Agency
shall be as per the following:
a. Return of the Performance Security submitted, after adjusting for applicable deductions/
Liquidated Damages as per the provisions of this Agreement.
b. Disbursement of Deliverables based Payment due

LESS

any deductions/penalties as per provisions under this Agreement

26.2 Termination due to Agency Default:


If the termination is due to Agency Default, no Termination compensation shall be due or
payable by the Authority to the Agency and the entire Performance Security would be
forfeited.

26.3 Termination due to Authority Default:


If the termination is due to an Authority Default, the compensation payable by the Authority
to the Agency shall be as per the following:
a. Return of the Performance Security submitted, after adjusting for applicable deductions/
Liquidated Damages as per the provisions of this Agreement.
b. Disbursement of Deliverables based Payment due

LESS

any deductions/penalties as per provisions under this Agreement

26.4 No Compensation on Expiry of Contract Agreement Period:


In the event of expiry of this Contract Agreement, by efflux of time (the Contract term /
period having run its full course), the Agency shall not be entitled for any payment from
Authority.

26.5 Delayed Payment of Compensation


If for any reasons, other than those attributable to the Agency, the Authority fails to pay the
compensation on the date of end of Contract or completion of Contract Agreement period,
the Authority shall be liable to pay interest@ SBI PLR per annum thereon from the date of
end of Contract or completion of Contract Agreement period till payment thereof. Provided,
nothing contained in this Article shall be deemed to authorise any delay in payment of
compensation in accordance with this Agreement.

26.6 Remedies Cumulative


The exercise of right by either Party to terminate this Agreement, as provided herein, shall
not preclude, such Party from availing any other rights or remedies that may be available to
it under law. All remedies available to the Parties shall be cumulative and the exercise or
failure thereof of one or more remedies by any Party shall not limit or preclude the exercise
of or constitute a waiver of any other remedies by such Party.

Page 59 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED AND DELIVERED THIS


AGREEMENT AS OF THE DAY, MONTH AND YEAR FIRST ABOVE WRITTEN.

SIGNED, SEALED AND SIGNED, SEALED AND


DELIVERED DELIVERED
For and on behalf of AUTHORITY by: For and on behalf of AGENCY by:

Signature) Signature)
(Name) (Name)
(Designation) (Designation)

In the presence of
1.

2.

Page 60 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

SCHEDULE A: LIST OF SCHEMES/PROGRAMS FOR DELIVERABLES 01, 02 &


03

Deliverable 01: Research & Evaluation (Assessment of 13 Schemes/Programs) of NHM UP on


RMNCH+A and National Programs

Expected Output: A Study report with qualitative and quantitative data compilation with anecdotes
and Case studies for each Schemes/Programs. Each Study Report should present complex concepts
and findings in an accessible and engaging manner, should have the same Look and Feel and should
have clear branding and incorporate Logo defined by the Nodal Authority. The report shall be
submitted in Hard Copy (10 (ten) coloured copies) and Soft Copy (.cdr file, .pdf and .docx format),
should be of 7,500 10,000 words (excluding Annexures) for each of the 13 Schemes/Programs. The
submitted report shall be in Hindi and English language.

List of Schemes/Programs for Deliverable 01


S. Division/ Schemes/Programs Target
Design
No. program Indicators domain groups
1. PPIUCD Discontinuation rate Women Assuming 50% discontinuation rate
Scheme FP counselling who (CBTS-2015) within 6 month & lost
Assessment adopted to follow up cases, a minimum
PPIUCD in sample size of 350 in each zone (total
last 7 days 350x5=1750) is required.
Required number of facilities will be
selected from each zone using PPS
and individual women who had
adopted PPIUCD will be followed up
at certain intervals (3 times) for 6
2. FP Assessment of months to compute the
counselling Counsellors discontinuation rate. The factors
counselling at the associated with the discontinuation
Facilities on Family rate, individual level, community
Planning level and facility level (counselling &
other quality of services), will be
assessed through structured interview
of women and facility assessment.
Life table/survival methods will be
used to calculate discontinuation rate
and adjusted hazard ratio will be
computed to identify the factors
associated with discontinuation.
The service statistics data from these
facilities will also compiled (from
HMIS and registers) to see the change
in service uptake before & after
introduction of counselling session to
assess whether there is any effect on
counselling on service uptake. The
quality of counselling will also be
assed interviewing 5 women from
each facility (for all method) to
provide reasonable estimates of
quality of counselling by type of
method, total sample (400 clients).
3. Hausla Performance of Private 80 providers will be selected
Saaghedaari service providers providers randomly using PPS based on the

Page 61 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

List of Schemes/Programs for Deliverable 01


S. Division/ Schemes/Programs Target
Design
No. program Indicators domain groups
Clients satisfaction (from web number of sterilization cases, across
portal) & all five cultural zones. In addition,
Clients booster sampling will be used to
who select additional providers required
adopted for IUCD cases. The quality of care
female will be assessed using a standard
sterilization checklist following the GoI
or IUCD guidelines.
on the day For each of the providers 5 number of
of clients will be selected for client
assessment satisfaction, total 400 clients will be
interviewed for assessing level of
clients satisfaction.
4. Effect of Distribution of ASHA and Required number of ASHAs will be
Condom Condom and actual men selected, randomly, from each of the
distribution use received 5 zones (approx. 100 per zone). The
program on condoms in stock and distribution will be
Family last one assessed from her register. Selected
Planning month number of beneficiaries (2-3) will be
visited to assess their behaviour on
condom use, exposure to program,
information and counselling.
5. Effectivity Effect of incentive ASHA In 5 zones around 15-20 in depth
of ANC provided to ANC interview will be conducted, in each
Check-up zone, among the ASHAs to identify
scheme the role of ASHA incentive on ANC
check-up, issues and problems related
to incentives. It will also be explored
what are the other factors that
motivates ASHAs to mobilize
women for ANC check-up.
6. MDR Re-validation of ASHA, The detail analysis of the existing
Scheme Maternal Death ANM, MDR data will be done to identify the
Assessment Audit MOICs, data quality gaps by an expert team
CMOs and (Statistician & Clinical). Followed by
DMs that the team will also conduct in
depth interviews among ASHA (15),
ANM (15), MOICs (10), CMOs (10)
and DMs (10) to understand the
barriers and challenges in identifying,
reporting and conducting maternal
death audits.
7. JSSK Relation between Facility & The historical data on utilization of
JSSK and case Women JSSK funding and beneficiaries
fatality rate who (HMIS and other report) will be used
8. NIPI Assessment of NIPI delivered from 10 facilities (10 DH and 10
Scheme in last one CHC) across five zones to understand
year and per capita utilization of JSSK,
9. IEC Assessment of Mass bed utilization, referral & drop back
Media Activities facilities. The data on maternal and
and Campaigns new born mortality will be retrieved

Page 62 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

List of Schemes/Programs for Deliverable 01


S. Division/ Schemes/Programs Target
Design
No. program Indicators domain groups
10. VHND Assessment of from hospital records to compute
VHND Scheme CFR. The data quality assessment
should also be done.
A community level survey will also
be conducted in the catchment areas
of the selected facilities covering
2500 (500 from each zone) who
delivered in these facilities in last one
year to measure the OPE who
delivered in the facility.
11. NRC Assessment of post NRC Around 2000 (400 per zone) new
program discharge (follow- born and children admitted in the
up) care to the NRC in last one year will be followed
children up to track their nutritional & survival
Impact on status at the community.
Morbidity Rate The NRC assessment will also be
Linkages between conducted to assess the availability
SNCUs discharge and quality of care at NRCs.
and NRC
Improvement of
SAMs and severally
underweight
children
12. SNCU CFR rate SNCU Total 10 SNCUs will be selected
Quality of care based on the admission load. The
Referral and follow CFR will be compared for last two
up mechanism years using facility records.
The SNCU assessment will also be
conducted to understand the quality
of care and service in the SNCUs.
13. Sampoorna Availability of HR, Women Five clinics will be selected in the
clinic equipment, drugs in who sought five zones and facility records will be
the clinics services assessed to compute indicators such
Quality of care Sampoorna as: Identification, treatment, referral
clinics and follow up rate, cancer cure rate,
and other critical indicators.
A clients satisfaction survey will
also be carried out covering 100
clients.

Deliverable 02: Evidence based Documentation/Photo Documentation of best practices of NHM,


UP on RMNCH+A and National Programs for 10 Schemes/Programs

Expected Output: A Well designed document based on brief evidence based information, process
details, anecdotes, Success stories for each Schemes/Programs, with narration in Hindi and English
language. Each Document should present complex concepts and findings in an accessible and
engaging manner, should incorporate Visual Contents, should have the same Look and Feel and
should have clear branding and incorporate Logo defined by the Nodal Authority. The document shall
be submitted in Hard and Soft Copy (.cdr file, .pdf and .docx format) & 200 High Resolution Colored
pictures (size 6MB-10MB for each photograph) in .jpeg file format (in digital format) and also in
Photo Album (in hard copy) need to be submitted for each of the 10 Schemes/Programs. The High-
Resolution Colored pictures (in digital format) shall be submitted in a single Hard Disk for all

Page 63 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Schemes/Programs and a separate DVD for each Scheme/Program (DVD should have cover design
and label).

List of Schemes/Programs for Deliverable 02


S.No. Division / Program Schemes / Programs / Topic of Assessment
1. Child Health NRC
2. Child Health / Community Process HBNC
3. VHIR
Community Process
4. RSK and Hospital Management
5. NCD Sampoorna Clinic
6. Quality Assuracnce Kaayakalp
7. Child Health SNCUs (Sick New Born Care Unit)
8. UPHSSP Free Diagnostics and Dialysis Scheme
9. EMTS 102/108 Ambulance
10. Family Planning PPIUCD

Deliverable 03: Video Documentation of best practices of 07 NHM, UP Schemes/Programs

Expected Output: A 5-8 minutes short, crisp, well edited, very creative video with voice over along
with subtitles in Hindi/English language, with clear messages for each Schemes/Programs. Each
Video should have the same Look and Feel and should have clear branding and incorporate Logo
defined by the Nodal Authority. The video shall be submitted in .mp4 format and in a format
compatible for uploading into the Websites, YouTube, Social media sites and need to be of at least
1080p resolution (Full High Definition) for each of the 07 Schemes/Programs. The videos shall be
submitted in a single Hard Disk for all Schemes/Programs and a separate DVD for each
Scheme/Program (DVD should have cover design and label). Agency shall also submit the complete
raw/unedited footage to the Authority separately in (a) Hard Disk(s).

List of Schemes/Programs for Deliverable 03


S.No. Division / Program Schemes / Programs / Topic of Assessment
1. Child Health NRC
2. NCD Sampoorna Clinic
3. Quality Assurance Kaayakalp
Child Health / Community
4. HBNC
Process
5. RSK and Hospital Management
Community Process
6. VHND
7. Family Planning Counselling and Fixed Day services on FP at facility level

Page 64 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

SCHEDULE B: SERVICE REQUIREMENTS

1. Liquidated Damages:

1.1 The Selected Agency shall have to commence work within Thirty (30) days of Appointed Date,
failing which Liquidated Damages will be applicable at the rate of Rs 10,000 per day for first ONE
month of delay, Rs 20,000 per day for second ONE month of delay and Rs 30,000 per day after
TWO months of delay.
1.2 This will be recoverable from the Performance Security, and up to a maximum of Rs. 15 Lakhs
(Maximum Value). Upon reaching the Maximum Value, this contract will be terminated as per
termination procedure.

2. Penalty for non-compliance to Timelines:

2.1 Authority or its representatives may impose penalty of up to 5% for non-compliance to timelines
for the milestones Finalization of Document and Final submission for Deliverables 1 or 2 or
Finalization of Deliverable and Final Submission of the Videos for Deliverable 3 for the
respective Schemes/Programs. The same will be deducted from the pending corresponding
Deliverable linked payment or Performance Security.

2.2 For Example: In case of Deliverable 1, Evaluation needs to be carried out for 13 Schemes/Programs.
Payment linked to this deliverable is 50%. If there is delay in completion of the milestone
Finalization of Document and Final submission in case of 1 of the 13 Schemes/Programs,
corresponding penalty for non-compliance to timelines shall be up to: 5% x 50% x (1/13).

3. Penalty for non-compliance to Quality Indicators:

3.1 Authority or its representatives may impose penalty of up to 5% for non-compliance to quality
indicators as mentioned in point 3.3 for the milestones Finalization of Document and Final
submission for Deliverables 1 or 2 or Finalization of Deliverable and Final Submission of
the Videos for Deliverable 3 for the respective Schemes/Programs. The same will be deducted
from the pending corresponding deliverable linked payment or Performance Security.

3.2 For example: In case of Deliverable 1, Evaluation needs to be carried out for 13 Schemes/Programs.
Payment linked to this deliverable is 50%. If there is non-compliance to quality indicators in case
of 1 of the 13 Schemes/Programs, corresponding penalty for non-compliance to quality indicators
shall be up to: 5% x 50% x (1/13).

3.3 Quality Indicators:

3.3.1 Quality Indicators for Deliverable 01


Each Final Submitted Report,
3.3.1.1 Should be based on facts, verified information (Qualitative and Quantitative Data) and valid
proofs and supported with citations
3.3.1.2 Should present complex concepts and findings in an accessible and engaging manner, should
have the same Look and Feel and should have clear branding and incorporate Logo defined
by the Authority
3.3.1.3 Should address and incorporate feedback received from the Authority or its authorized
representatives
3.3.1.4 Should have maximum 7,500- 10,000 words (excluding Annexures) with normal readable font
size
3.3.1.5 Should be submitted in Hindi and English language

3.3.2 Quality Indicators for Deliverable 02


Each Final Submitted Document,
3.3.2.1 Should be based on facts, verified information, valid proofs and supported with citations

Page 65 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

3.3.2.2 Should present complex concepts and findings in an accessible and engaging manner, should
incorporate Visual Contents, should have the same Look and Feel and should have clear
branding and incorporate Logo defined by the Authority
3.3.2.3 Should address and incorporate feedback received from the Authority or its authorized
representatives
3.3.2.4 Should have 2,000 - 3,000 words (excluding Annexures) with normal readable font size
3.3.2.5 Should be submitted with narration in Hindi and English language

Each Final Submitted Colored Photograph,

3.3.2.6 Should be of High Resolution (size 6MB-10MB for each photograph), well edited and in .jpeg
file format (in digital format)
3.3.2.7 Should address and incorporate feedback received from the Authority or its authorized
representatives
3.3.2.8 Should be well organized, properly labelled with description of the captured
Schemes/Programs, along with description of place and individual(s) whose Colored
Photograph has been taken. This should match with the consent form of individual(s) whose
Colored Photograph has been taken.

3.3.3 Quality Indicators for Deliverable 03


Each Final Submitted Video,
3.3.3.1 Should be of at least 1080p resolution (Full High Definition) and should be in .mp4 format or
a format compatible for uploading on the Websites, YouTube, Social media sites
3.3.3.2 Should address and incorporate feedback received from the Authority or its authorized
representatives
3.3.3.3 Should have the same Look and Feel and should have clear branding and incorporate Logo
defined by the Authority.
3.3.3.4 Should be between 5-8 minutes of duration.
3.3.3.5 Should have voice over along with subtitles in Hindi/English language

Page 66 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

SCHEDULE C: FORMAT OF PERFORMANCE SECURITY

Dated []

Authority

Dear Sir,

1. We understand that [], (the Agency) has entered into a Service Agreement dated [] (the
Agreement), with the Authority, whereby the Agency has undertaken to provide the
Services, subject to and in accordance with provisions of the Agreement.

2. The Agreement requires the Agency to furnish a Performance Security to the Authority in a
sum of Rs. [] (Rupees [] Lakh) (the Guarantee Amount) as security for due and faithful
performance of its obligations, under and in accordance with the Agreement, during the Term
as per the provisions of the Agreement.

3. We [], through our Branch at [] (the Bank) have agreed to furnish this Bank Guarantee by
way of Performance Security

NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and affirms as
follows:

1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful
performance of the Agencys obligations during the Term, under and in accordance with the
Agreement, and agrees and undertakes to pay to the Authority, upon its mere first written
demand, and without any demur, reservation, recourse, contest or protest, and without any
reference to the Agency, such sum or sums up to an aggregate sum of the Guarantee Amount
as the Authority shall claim, without the Authority being required to prove or to show grounds
or reasons for its demand and/or for the sum specified therein.

2. A letter from the Authority, under the hand of an Officer duly authorized by the Chairman of
the Authority, that the Agency has committed default in the due and faithful performance of
all or any of its obligations under and in accordance with the Agreement shall be conclusive,
final and binding on the Bank. The Bank further agrees that the Authority shall be the sole
judge as to whether the Agency is in default in due and faithful performance of its obligations
during the Term under the Agreement and its decision that the Agency is in default shall be
final, and binding on the Bank, notwithstanding any differences between the Authority and
the Agency, or any dispute between them pending before any court, tribunal, arbitrators or
any other authority or body, or by the discharge of the Agency for any reason whatsoever.

3. In order to give effect to this Guarantee, the Authority shall be entitled to act as if the Bank
were the principal debtor and any change in the constitution of the Agency and/or the Bank,
whether by their absorption with any other body or corporation or otherwise, shall not in any
way or manner affect the liability or obligation of the Bank under this Guarantee.

4. It shall not be necessary, and the Bank hereby waives any necessity, for the Authority to

Page 67 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

proceed against the Agency before presenting to the Bank its demand under this Guarantee.

5. The Authority shall have the liberty, without affecting in any manner the liability of the Bank
under this Guarantee, to vary at any time, the terms and conditions of the Agreement or to
extend the time or period for the compliance with, fulfilment and/ or performance of all or
any of the obligations of the Agency contained in the Agreement or to postpone for any time,
and from time to time, any of the rights and powers exercisable by the Authority against the
Agency, and either to enforce or forbear from enforcing any of the terms and conditions
contained in the Agreement and/or the securities available to the Authority, and the Bank
shall not be released from its liability and obligation under these presents by any exercise by
the Authority of the liberty with reference to the matters aforesaid or by reason of time being
given to the Agency or any other forbearance, indulgence, act or omission on the part of the
Authority or of any other matter or thing whatsoever which under any law relating to sureties
and guarantors would but for this provision have the effect of releasing the Bank from its
liability and obligation under this Guarantee and the Bank hereby waives all of its rights under
any such law.

6. This Guarantee is in addition to and not in substitution of any other guarantee or security now
or which may hereafter be held by the Authority in respect of or relating to the Agreement or
for the fulfilment, compliance and/or performance of all or any of the obligations of the
Agency under the Agreement.

7. Notwithstanding anything contained hereinbefore, the liability of the Bank under this
Guarantee is restricted to the Guarantee Amount and this Guarantee will remain in force for
the period specified in paragraph 8 below and unless a demand or claim in writing is made
by the Authority on the Bank under this Guarantee, not later than 6 (six) months from the
date of expiry of this Guarantee, all rights of the Authority under this Guarantee shall be
forfeited and the Bank shall be relieved from its liabilities hereunder.

8. The Performance Security shall cease to be in force and effect till the subsistence of the
Agreement and provided the Agency is not in breach of this Agreement. On successful
completion of Term and upon request made by the Agency for release of the Performance
Security along with the particulars required hereunder, duly certified by a statutory auditor of
the Agency, the Authority shall release the Performance Security forthwith.

9. The Bank undertakes not to revoke this Guarantee during its currency, except with the
previous express consent of the Authority in writing, and declares that it has the power to
issue this Guarantee and the undersigned has full powers to do so on behalf of the Bank.

10. Any notice by way of request, demand or otherwise hereunder may be sent by post addressed
to the Bank at its above referred Branch, which shall be deemed to have been duly authorised
to receive such notice and to effect payment thereof forthwith, and if sent by post it shall be
deemed to have been given at the time when it ought to have been delivered in due course of
post and in proving such notice, when given by post, it shall be sufficient to prove that the
envelope containing the notice was posted and a certificate signed by an officer of the
Authority that the envelope was so posted shall be conclusive.

11. This Guarantee shall come into force with immediate effect and shall remain in force and
effect for a period of [] years or until it is released earlier by the Authority pursuant to the

Page 68 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

provisions of the Agreement.

Signed and sealed this . Day of 2017

SIGNED, SEALED AND DELIVERED

For and on behalf of the BANK

by:

Signature:

Name:

Designation:

Address:

Page 69 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

SCHEDULE D: ZONE-WISE DISTRICT DETAILS

Zone Name District Name


Western UP 1. Saharanpur
2. Muzaffar Nagar
3. Bijnor
4. Moradabad
5. Rampur
6. Bareilly
7. Shahjahanpur
8. Badaun
9. Sambhal
10. Amroha
11. Meerut
12. Shamli
13. Baghpat
14. Ghaziabad
15. Hapur
16. Bulandshahar
17. Gautam Buddha Nagar
18. Aligarh
19. Kasganj
20. Kannauj
21. Hathras
22. Mathura
23. Agra
24. Firozabad
25. Etawah
Central UP 26. Auraiya
27. Etah
28. Mainpuri
29. Farukkhabad
30. Hardoi
31. Sitapur
32. Barabanki
33. Lucknow
34. Unnao
35. Kanpur Nagar
36. Kanpur Dehat
37. Fatehpur
38. Raebareli
Eastern UP 39. Basti
40. Sant Kabir Nagar
41. Gorakhpur
42. Kushi Nagar
43. Deoria
44. Ballia
45. Mau
46. Azamgarh

Page 70 of 71
Draft Contract Agreement for Hiring of Agency for Research, Evaluation and Documentation of NHM Programmes

Zone Name District Name


47. Ambedkar Nagar
48. Sultanpur
49. Amethi
50. Pratapgarh
51. Jaunpur
52. Varanasi
53. Ghazipur
54. Chandauli
55. Sonbhadra
56. Mirzapur
57. Bhadohi
58. Allahabad
59. Kaushambi
60. Faizabad
Bundelkhand 61. Jalaun
62. Jhansi
63. Lalitpur
64. Mahoba
65. Hamirpur
66. Banda
67. Chitrakoot
Tarai Belt 68. Gonda
69. Pilibhit
70. Lakhimpur Kheri
71. Bahraich
72. Shravasti
73. Balrampur
74. Siddharth Nagar
75. Maharajganj

Signature Not Verified


Digitally signed by SUPARNA SARKAR
Date: 2017.07.07 20:13:04 PDT
Location: Uttar Pradesh
Page 71 of 71

Вам также может понравиться