Description
Food processing is the transformation of raw ingredients into food, or of food into other forms. Food processing typically takes clean, harvested crops or butchered animal products and uses these to produce attractive, marketable and often long shelf-life food products. Similar processes are used to produce animal feed.
REQUEST FOR PROPOSAL FOR Engagement of Project Management Agency (PMA) For implementation of Centrally Sponsored Scheme - National Mission on Food Processing (NMFP) In State of Odisha during 12th Plan period
Office of the State Mission Director, NMFP, Directorate of Industries Killa Maidan Cuttack-753001, Odisha
Dated: 16.05.2013
1. INTRODUCTION
The Ministry of Food Processing Industries has launched a Centrally Sponsored Scheme - National Mission on Food Processing (NMFP) during 12th Plan w.e.f. 1.4.2012, which will be implemented by states / UTs. The basic objective of NMFP is decentralization of implementation of Ministry’s schemes, which will lead to substantial participation of State Governments/ UTs. The NMFP contemplates establishment of National Mission as well as corresponding Missions in the state and District level. Funds would be transferred to the State Government for implementation of the scheme through the state Mission. State Government has the flexibility in implementing the scheme so that the scheme can be tailored to the requirements of different regions in the country.
2. REQUEST FOR PROPOSAL
The State Mission Director, NMFP is issuing this Request for Proposal (RFP) to request techno-commercial bids from interested and eligible professional organizations (the “applicants”) for engagement as Project Management Agency (PMA) for implementation of National Mission on Food Processing (NMFP) in Odisha for a period of 48 months. However, the engagement shall be every year after review of the performance. Brief background of the scheme and the detailed procedure for submission of BID along with the bid process has been given at Annexure-I. The prescribed format for submission of BID is at AnnexureII. Draft MOA is at Annexure-III, which is to be executed by the successful Bidder after selection. 2.1 EARNEST MONEY DEPOSIT The bid must be accompanied by a refundable Earnest Money Deposit (EMD) of Rs.100,000 /- (Rupees one lakh only) and a non-refundable Bid-document Processing Charges of Rs. 10,000/- (Rupees ten thousand only) separately in the form of Demand Drafts drawn in favour of “Planning Officer, Directorate of Industries, Cuttack”, payable at Cuttack. After selection of the suitable applicant for engagement as PMA, the amount of EMD shall be refunded to the unsuccessful Bidders. The EMD of the successful Bidder shall be retained by the Mission Directorate till the completion of the assignment. 2.2 SCOPE OF WORK State Action Plan for Food Processing Infrastructure Development: PMA would prepare a State Action Plan keeping in view the regional production of food-grains, fruits and vegetables, poultry, meat and marine produce. State Action Plan would outline concrete steps for rapid implementation of projects in a phased manner, methodology for objective evaluation of promoter credibility and track record, arrangements for coordination and fast-tracking, land acquisition, approvals and greater involvement of farmer groups. The action plan would include a roadmap for creating primary processing centres / collection centres in rural areas with a view to increase price paid to the producer / farmer/ collector and ultimately organizing them into producer groups.
State Livelihood Roadmap: PMA would design a roadmap for creating primary processing centres / collection centres in rural areas with a view to increase price paid to the producer/farmer/collector. Pre-feasibility study: PMA would conduct a detailed assessment of agricultural resources of the State with an objective to arrive at existing marketable surplus and opportunities for food processing and value addition. Further, PMA would carry out value chain analysis for selected crops and assess feasibility of food processing enterprises at various clusters in the State and also identify potential locations. Identification of Projects and Entrepreneurs: Based on the feasibility study, PMA would identify potential projects in terms of location, produces, facilities and capacities. Moreover, potential entrepreneurs from both within and outside the state would be approached and mobilized for implementation of these projects. Information Dissemination on NMFP: PMA would assist State Government in organizing workshops / media campaigns aimed at sensitizing stakeholders about various initiatives and support available under NMFP. Assistance in mobilization of proposals under NMFP: PMA would assist State Government in inviting and mobilization of proposals and projects eligible for assistance under NMFP. Evaluation and Appraisal of Techno-feasibility reports and Detailed Project Reports (DPRs): PMA would assist State Government in selection of projects through evaluation / appraisal of techno-feasibility reports and DPRs submitted for food processing and cold chain projects and any other initiatives under NMFP. Credit Linkage: PMA would assist project implementing agencies/entrepreneurs in establishing linkages with Banks / Financial Institutions in availing requisite credit for project. Capacity Building of entrepreneurs in project execution and supply chain management: PMA would provide capacity building services to entrepreneurs in execution of the projects. Such services may include providing expert services on identification and establishment of effective supply chain, technology sourcing, market linkages etc. Release and Utilization of Grant: PMA would assist State Government in release of grant support and also oversee proper utilisation of such released funds as per the norms and guidelines of NMFP. Monitoring and reporting: PMA would assist State Government in effective monitoring of these projects by way of providing quarterly status updates on each approved project. An appropriate MIS may need to be developed for this purpose. Global Impact Investors Meet: PMA would coordinate and manage a global impact investors meet to generate investments in the food processing and downstream areas for creating sustainable social impact. Any other allied matter for the purpose of implementation of NMFP 2.3 ELIGIBLE AGENCIES The agencies intending to Bid for engagement as PMA shall fulfill the following eligibility conditions: a) Should be a reputed Institution / Company / Consulting Firm / Organisation (Corporate
b)
c)
d)
e)
f)
House, NGO) with a track record of providing consulting / advisory services for more than three years. The Agency should submit a copy of the certificate of incorporation to that effect. Should have an annual turnover of Rs. 20.00 crore or more from consulting / advisory during the last three years. The audited copy of the financial statements should be submitted. Should have undertaken minimum two assignments related to State / Central government programs and /or schemes in the country in the last five years. Documentary evidence in form of signed agreements should be submitted. Assignment in food processing sector shall be given preference. Should have undertaken minimum three program management related assignments of long term nature (more than 6 months) for the State / Central Government in the last five years. Documentary evidence in form of signed agreement should be submitted. Should have experience of working with Government Departments/ Govt. undertakings/ PSUs in the State of Odisha in the past three years. Documentary evidence in form of signed agreement should be submitted. Should have experience of managing at least two investor meets for any of the State Governments. Documentary evidence in form of signed agreement should be submitted.
2.4 KEY PERSONNEL The Consultancy Team shall consist of the following key personnel (the “Key Personnel”): Team Leader: He will lead, co-ordinate and supervise the multidisciplinary team for undertaking the activities. The Team Leader should have experience in managing at least three projects in a leadership role in the areas of private sector development, implementation support for central/state schemes, program management and monitoring, project evaluation/appraisal and investment facilitation / mobilization. Food/ Agri sector Specialist: Should be an MBA or Masters in agriculture or allied areas having experience in at least two assignments in agri-business sector in a consulting / advisory capacity. He should also have the experience of handling macro analysis and of conducting feasibility studies in the food sector. Value Chain Specialist should have handson experience of in analyzing agro-value chain and in establishing market linkages. Investment and outreach Expert: Should be MBA with experience in focused investor outreach programs. Should have experience in at least two projects related to conducting investment promotion programs for state / central government and other agencies. Operations Expert: Should be an MBA with experience of at least two projects in the area of supply chain, warehousing and cold chain, infrastructure management, technology sourcing. The Consulting team may be supported by specialists as required. 2.5 BID EVALUATION As the technical capability and experience of the Agency is important for a project of this size and nature, the Agency will be selected based on combined TechnoCommercial evaluation of the proposal in the ratio of 70% (Technical) and 30% (Commercial).
The commercial bids will be evaluated on a score 0 to 30. L1 will get 30 marks and the others will get marks in proportion to be Bid. Thus, if the quote of L1 is Rs. X and L2 is Rs. 2X, then L2 will get 15 marks. The technical Bid will be evaluated on a scale of 100, and the break up for each criterion would be as follows: Max. Marks 10
Evaluation Criteria Minimum Annual Turnover from consulting/advisory over the last three years a) 5 marks for Rs. 20 crores turnover, 1 mark for each additional Rs. 5 crores up to a maximum of 10 marks Past experience of working as a Program / Project Management Agency with Central and State Government. b) 15 marks for 2 assignments, 2 marks for each additional assignment up to a maximum of 25 marks & 5 marks for any assignment pertaining to food processing sector. CVs and experience of key personnel who would be working on the assignment. 5 marks for experience in 3 projects in a leadership role in the areas of private sector development, implementation support for central/state schemes, program management and monitoring, project evaluation/appraisal and investment facilitation/mobilization. 1 mark for every similar additional project.
30
Team Leader
10
c)
Food / Agri sector Specialist
5
2 marks for experience in two advisory assignments in food processing sector. 25 1 mark for every similar additional project.
Investment and Outreach Expert
5
2 marks for experience in two projects related to conducting investment promotion programs for state / central government and other agencies. 1 mark for every similar additional project. 2 marks for experience in two projects related to areas of supply chain, warehousing and cold chain, infrastructure management, technology sourcing. 1 mark for every similar additional project.
Operations Expert
5
Experience of working with Government Departments / Govt. undertakings / PSUs in the State of Odisha - 5 marks for experience related to State / Central government programs and / or schemes in the country in last five years. (2 marks for five assignments, 1 mark each for similar additional assignment) - 5 marks for experience of program management related assignments of long term nature (more than 6 months) for the State / Central Government in 15 the last 5 years. (2 marks for five assignments, 1 mark each for similar additional assignment) - 5 marks for experience of working with Government Departments/ Govt. undertakings/ PSUs in the State of Odisha in the past five years. (2 marks for five assignments, 1 mark each for similar additional assignment)
d)
Approach and methodology for completing the assignment e) To be awarded for a thorough understanding of the requirement and innovative approaches in handling the scope of work outlined. Technical presentation before Evaluation Committee
10
f)
10
Only those bidders who score more than 70% marks in the technical evaluation will be considered for commercial evaluation. 2.6 COMMERCIAL BID The agency should quote lump sum monthly professional fee for consulting services that shall include all out of pocket expenses, applicable taxes and other statutory levies etc. 2.7 AVAILABILITY OF RFP DOCUMENT RFP document can be obtained between 1000 hours and 1600 hours on all working days from the Office of the State Mission Director, Directorate of Industries, Killa Maidan, Cuttack, Odisha from 23.05.2013 to 22.06.2013. The document can also be downloaded from the official websites of MSME Department, Government of Odisha www.msmeodisha.gov.in. 2.8 BID SUBMISSION The proposals/ bids may be addressed to State Mission Director, NMFP, Directorate of Industries, Killa Maidan, Cuttack - 753001. The complete proposals / bids should reach the office of State Mission Director, Cuttack on or before 3.00 PM on 24.06.2013. 2.9 VALIDITY OF THE PROPOSAL The proposal shall be valid for a period of 180 days from the bid submission date as mentioned in Clause 2.8
3. PRE-BID MEETING
A pre-bid meeting will be held on 01.06.2013 at 11.00 AM in the Directorate to provide clarifications, if any. The State Mission Director, NMFP reserves the right to revise / modify the RFP document and the same shall be notified in the website as addendum / corrigendum.
4. OPENING OF BID
The bids will be opened on 24.06.2013 at 4.00 PM by the Committee constituted for the purpose in presence of the Bidders or their authorized representatives.
5. DISQUALIFICATION OF THE APPLICANT
The applicant shall be disqualified if it is discovered that it has wrongly stated / manipulated the facts and figures in the proposal at any stage before the award of the assignment. Any firm / agency trying to influence the evaluation process by any means shall be disqualified. Earnest Money Deposited would be forfeited in such a case.
6. KEY DATES
Item Pre-Bid Conference Bid Submission Date Opening of Proposals Date 01.06.2013 at 11.00AM 24.06.2013 by 3.00 PM 24.06.2013 at 4.00 PM
For further details and queries, please contact Sri B.M.Mohanty, Nodal Officer. (Mobile No. +919861455836)
(State Mission Director) Directorate of Industries, Killa Maidan, Cuttack: 753001. Contact No: - +91671 2301892 (office), +91671 2307331 (FAX)
Annexure-I
NMFP Background and BID Process
1.
1.1
NMFP Background: The Major Activities /Schemes to be covered under NMFP are:
th (a). Continuing Components / Schemes (as in 11 Plan): i. ii. iii. iv. Scheme for Technology Up-gradation / Establishment / Modernisation of Food Processing Industries Scheme for Cold Chain, Value Addition and Preservation Infrastructure for Non Horticultural Products. Scheme for Modernisation of Abattoirs (no targets for 2012-13 and 2013-14). Scheme for Human Resource Development (HRD) a) Creation of Infrastructure Facilities for Running Degree/ Diploma/ Certificate Courses in Food Processing Technology. b) Entrepreneurship Development Program (EDP) c) Food Processing Training Centre (FPTC) Scheme for Promotional Activities a) Organizing Seminar/Workshops b) Conducting Studies/Surveys c) Support to Exhibitions/Fairs d) Advertisement & Publicity
v.
(b). New Components / Schemes (proposed for 12th Plan): i. ii. iii. Scheme for Creating Primary Processing Centers / Collection Centers in Rural Areas. Modernisation of Meat Shops. Reefer Vehicles.
1.2 All the above components will be implemented by the State of Odisha as a Centrally Sponsored Scheme (CSS) with the funding support split in the ratio of 75:25 between Govt. of India and State of Odisha. For the remaining 4 years of 12th Plan, the pattern of assistance may continue to be the same or otherwise will be notified separately. 2. 2.1 Bid Process Bidding Procedure The agency fulfilling the eligibility conditions as laid down in Section 2.3 in this RFP shall
submit the Bids in three separate covers (as per the format given in Annexure II), as follows: Cover (A) would include the Technical Bid i.e. the proposal and documents in support of the eligibility conditions as mentioned above. Cover (B) would include the Commercial Bid. Cover (C) would include the EMD and Bid Processing Fees. 2.2 Submission of Bids
The envelopes should be super-scribed as “Request for Proposal for engagement as PMA for facilitating NMFP Implementation in State of Odisha – Technical Bid / Commercial Bid” as the case may be. EMD and Bid Processing Fee shall be submitted in a separate small envelope clearly marked “EMD and Bid Processing Fees” The three envelopes (Technical Bid, Commercial Bid, EMD and Bid Processing Fees) should be enclosed in a large cover super-scribed as “Request for Proposal for engagement as PMA for facilitating NMFP Implementation in State of Odisha”. Every sheet and all forms complete in all respect shall be signed by the person / persons duly authorized to sign on behalf of the applicants. Any/ all corrections made in the offer shall be duly authenticated by the signature of the authorized signatory. 3. Terms of Payment Payment of professional fee will be made on monthly basis upon the submission of an invoice backed by Monthly Progress Reports outlining the areas covered in Section 2 of draft Memorandum of Agreement. Payment of professional fees would be made within two weeks of submission of invoices after necessary evaluation. Penalty Clause
4.
For non-performance, the following, all or any penalties may be imposed on the selected agency (i) Forfeiture of Bank Guarantee in case of any midway unilateral withdrawal from the assignment. (ii) EMD will be forfeited in case of any mid way unilateral withdrawal from the Bidding process. On account of circumstances beyond the control of the PMA like natural (iii) calamities and any other unforeseen events and upon formal notification, the Department may give time to the PMA to complete the activities and in such a case will not hold up the payment that is due for a particular month. 5. Period of the Assignment The tenure of assignment / contract would be for a period of 48 months from the
date of signing of this agreement. The engagement shall be extended every year after review of the performance. 6. Performance Security Deposit
After selection of suitable applicant as PMA, the amount of EMD shall be refunded to the unsuccessful bidders. The EMD of the successful Bidder shall be retained by DI Odisha Department till the completion of the assignment. In addition, performance security shall be obtained from form of bank guarantee to the tune of 5% of the contract value. form of bank guarantee shall initially be valid till the end of this assignment extends beyond the period, the validity of the bank extended. 7. Validity of Bid the selected agency in the Performance security in the agreement and in case the guarantee shall be suitably
The application Bid shall be valid for a period of 180 days from the last date of submission of application. 8. Withdrawal / Amendment to Bid
At any time prior to the last date of receipt of Bids, the Department, may for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the RFP document by an amendment. In order to provide prospective Bidder reasonable time in which to take the amendment into account in preparing their Bids, the Department may at its discretion, extend the last date for receipt of Bids and / or make other changes in the requirements set out in the invitation to RFP. The Department reserves the right to withdraw the RFP at any stage without any liability or any obligation for such withdrawal, without assigning any reasons. 9. Rejection of Application/Bid The application / Bid for engagement as PMA is liable to be rejected, if: a) It is not received in proper sealed cover with superscription as indicated above. b) It is not in prescribed form and not containing all required details/ information/ documents. c) It is not properly signed. d) It is received after the due date and time. e) Bid is received by telex, fax, telegram or e-mail. f) Bid received without cost of Bid document and EMD. 10. The Directorate reserves the right to: a) To reject any/all application without assigning any reasons thereof b) To relax or waive any of the conditions stipulated in this document as deemed necessary in the best interest of the Ministry and the objective of the scheme without assigning any reasons thereof c) To include any other items in the Scope of Work at any time after consultation in the pre-Bid meeting or otherwise during the course of implementation of the scheme.
Annexure – II Bid Letter Pro-forma
To
State Mission Director, Directorate of Industries, Killa Maidan,Cuttack - 753001 Sub: Engagement of Project Management Agency (PMA) for implantation of NMFP in the State of Odisha during the 12th Plan period. Sir, The undersigned having read and examined in detail all the BID documents for appointment of Project Management Agency(PMA) for the implementation of National Mission on Food Processing (NMFP): 1. 1 2 3 4 5 6 7. 8 9 Technical Bid: Name of the Consultancy Agency Address Name of the contact person to whom all references shall be made regarding this Bid Designation of the person to whom references shall be made regarding this Bid Address of the person to whom all references shall be made regarding this Bid Telephone (with STD code) Mobile No. of the contact person E-mail of the contact person Fax No. (with STD code) all
2.
Documents forming part of the bid
(a) Technical Bid:
• •
EMD and Bid processing fee Applicant Proposal
o Firm / company profile. o Certified copy of Certificate of Incorporation of the Applicant. o Authenticated copy of audited balance sheet a n d i n c o m e s t a t e m e n t for last three years in support of annual turnover (as on 31.03.2012). o Details of the assignments executed during the last five years for the Central/ State Government highlighting program management related assignments of long term nature. Certified copies of signed agreements should be enclosed in support. Description of each assignment to be limited to 250 words each. o Details of the assignments executed during the last five years for the Government of Odisha, its undertakings/PSUs. Certified copies of the signed agreements should be enclosed in support. Description of each assignment to be limited to 250 words each. o Details of the assignments related to agribusiness and food processing sector. A copy of the signed agreements, letter from the concerned department to be enclosed in support. Description of each assignment to be limited to 250 words each. o Details of the assignments related to coordinating and managing investor meets for the State Governments. Certified copies of the signed agreements should be enclosed in support. Description of each assignment to be limited to 250 words each. o Any other relevant documents in support of the eligibility criteria (the documents carrying various financial details should be certified by Chartered Accountants.) o Curriculum Vitae (CVs) of the Key Personnel proposed to handle the assignment. Each CV should not exceed two A4 sized sheets. CVs should be formatted as below: Passport size photo on top Educational Qualifications Degree College Year Graduated
Experience Details Project/Company
Scale of the project/company
Role in the project/company highlighting areas of experience
Self-certified copies of the certificate for educational qualifications should be attached. In addition, Team Leader should attach a self-certified letter attesting to having the requisite leadership experience. o Approach and methodology for completing the assignment. (Not to exceed four A4 size pages) o Any other relevant documents.
(b) Commercial Bid:
(On the Letterhead of the Consultant)
Sub: Engagement of Project Management Agency for NMFP .
Having gone through the RFP document and having fully understood the scope of work for the Study as set out in these documents; we are pleased to quote the following Professional fees for the Assignment: In Figure In Words Any cutting / overwriting in the Bid documents must be authenticated by the authorized signatory of the applicant agency.
Yours faithfully (Signature of the applicant)
(Name ) Date----------Place------------
Annexure III Stamp Paper of Rs. 100 Draft Memorandum of Agreement This Agreement has been entered into at Cuttack this ……th day of ….May, 2013 Between (M/s ABC) incorporated in India under the ………….. and having its registered / head office at …………………… (hereinafter referred to as ‘………..’ or “FIRST PARTY”) which expression shall unless repugnant to the context of meaning thereof include its successors and permitted assignees of the FIRST PARTY. AND The Governor of Odisha acting through the State Mission Director, Directorate of Industries, having its office at Cuttack (hereinafter referred to as “SMD Odisha” or “SECOND PARTY”) which expression shall unless repugnant to the context of meaning thereof include its successors and assignees of the SECOND PARTY.
WHEREAS FIRST PARTY (M/s ABC) is…………………………. WHEREAS SECOND PARTY: (A) MSME Department and SMD, Odisha are entrusted with the policy, planning, formulation and implementation of programmes for promotion and development of food processing industry sector in Odisha. (B) Ministry of Food Processing Industries, Government of India has launched a new Centrally Sponsored Scheme – National Mission on Food Processing (NMFP) (hereinafter referred to as “Scheme”) in the country during 12th five year plan, to be implemented through States / UTs. The basic objective of NMFP is decentralization of implementation of Ministry’s schemes, which will lead to substantial participation of State Governments / UTs. (C) The scheme contemplates establishment of a National Mission as well as corresponding Missions at the State and District level. (D) To facilitate implementation of the scheme in the State of Odisha, SMD Odisha has decided to engage a Project Management Agency (PMA) to provide management, capacity building, coordination and monitoring support.
NOW, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS UNDER: (1). DEFINITIONS
(a) “Approval” means approval in writing by designated officers of SMD Odisha. (b) “Force Majeure” means any event or circumstance or combination of events or circumstances which prevents the party claiming Force Majeure (the ‘Affected Party’) from performing its obligations under this MOU and which event or circumstance (i) the Affected Party has been unable to overcome such circumstance or event by the exercise of due diligence and reasonable efforts, skill and care. Such events or circumstances shall include, without limitation, the effect of any natural element or other acts of State of God including, but not limited to, fire, flood, earthquake, lightning, cyclone, landslides or other natural disasters, strikes or other industrial disturbances, war, riots, civil commotion, terrorist attacks, embargoes, blockades, governmental restriction, intervention of civil, naval or military authorities, change in applicable law. (c) “Scheme” means Centrally Sponsored Scheme for National Mission on Food Processing (NMFP) in accordance with guidelines published / to be published by Government of India, Ministry of Food Processing Industries and includes any amendments thereto. (d) “Project Management Agency” or “PMA” for purpose of this MOU means …………., engaged as such by SMD Odisha for implementing the scheme in the State of Odisha. (e) “Services” shall have meaning ascribed thereto in clause 2 hereto. (f) Any other term not defined above, shall have the same meaning as described in the guidelines of the scheme. (2). ENGAGEMENT OF PMA AND SCOPE OF SERVICES
DI Odisha hereby appoints M/s ABC and M/s ABC hereby agrees to act as ‘Project Management Agency (PMA)’ to assist DI Odisha in smooth implementation of the scheme in the State of Odisha (‘Services’): (a) State Action Plan for Food Processing Infrastructure Development: PMA would prepare a State Action Plan keeping in view the regional production of food-grains, fruits and vegetables, poultry, meat and marine produce. State Action Plan would outline concrete steps for rapid implementation of projects in a phased manner, methodology for objective evaluation of promoter credibility and track record, arrangements for coordination and fast-tracking, land acquisition, approvals and greater involvement of farmer groups.
(b) State Livelihood Roadmap: PMA would design a roadmap for creating primary processing centres/ collection centres in rural areas with a view to increase price paid to the producer/ farmer/ collector. (c) Pre-feasibility study: PMA would conduct a detailed assessment of agricultural resources of the State with an objective to arrive at existing marketable surplus and opportunities for food processing and value addition. Further, PMA would carry out value chain analysis for selected crops and assess feasibility of food processing enterprises at various clusters in the State and also identify potential locations. (d) Identification of Projects and Entrepreneurs: Based on the feasibility study, PMA would identify potential projects in terms of location, produces, facilities and capacities. Moreover, potential entrepreneurs from both within and outside the state would be approached and mobilized for implementation of these projects. (e) Information Dissemination on NMFP: PMA would assist State Government in organizing workshops/media campaigns aimed at sensitizing stakeholders about various initiatives and support available under NMFP. (f) Assistance in mobilization of proposals under NMFP: PMA would assist State Government in inviting and mobilization of proposals and projects eligible for assistance under NMFP. (g) Evaluation and Appraisal of Techno-feasibility reports and Detailed Project Reports (DPRs): PMA would assist State Government in selection of projects through evaluation / appraisal of techno-feasibility reports and DPRs submitted for food processing and cold chain projects and any other initiatives under NMFP. (h) Credit Linkage: PMA would assist project implementing agencies/entrepreneurs in establishing linkages with Banks/Financial Institutions in availing requisite credit for project. (i) Capacity Building of entrepreneurs in project execution and supply chain management: PMA would provide capacity building services to entrepreneurs in execution of the projects. Such services may include providing expert services on identification and establishment of effective supply chain, technology sourcing, market linkages etc. (j) Release and Utilization of Grant: PMA would assist State Government in release of grant support and also oversee proper utilisation of such released funds as per the norms and guidelines of NMFP. (k) Monitoring and reporting: PMA would assist State Government in effective monitoring of these projects by way of providing quarterly status updates on each approved project. An appropriate MIS may need to be developed for this purpose. (l) Global Impact Investors Meet: PMA would coordinate and manage a global impact
investors meet to generate investments in the food processing and downstream areas for creating sustainable social impact. (m) Any other allied matter for the purpose of implementation of NMFP (3). RESPONSIBILITIES OF SMD ODISHA AND MSME DEPARTMENT (a) SMD Odisha and MSME Department, Government of Odisha will duly notify and inform all the relevant stakeholders including industry and industry associations, district administration, concerned Ministries / organizations of Government of Odisha, banks and financial institutions about engagement of M/s ABC as PMA. (b) SMD Odisha would provide all necessary facilitating support to M/s ABC in discharge of the services mentioned in para 2 above. (4). PAYMENT TERMS
SECOND PARTY will pay a Professional Fee of Rs. ……………. to FIRST PARTY towards carrying out this assignment which will include professional fee, travel, boarding & lodging, communication , service tax and all out of pocket expenses. (5). COMMENCEMENT
M/s ABC shall commence the work immediately on signing of MoU /agreement. (6). CO-ORDINATION AND MONITORING
M/s ABC would coordinate, monitor and guide implementation of projects under Scheme. M/S ABC shall submit monthly progress report to DI Odisha on progress and seek inputs, directions and approvals, as the case may be. (7). VALIDITY
This MOU shall be valid until and unless it is expressly terminated. During validity of MOU, SMD Odisha and …………… will take effective steps for implementation of MOU. (8). PENALTY
For non performance in relation to scope of work related to Second Party, following penalty would be imposed on the Second Party by First Party, until and unless such delay is condoned by SMD ODISHA for valid and acceptable reasons, after due consideration: (i) Deduction of 1% (one percent) of fee for each week of delay or part thereof, wherever any deadline is fixed.
(ii)
Forfeiture of security.
Provided however, that no penalty shall be payable by M/s ABC for delays attributable to SMD ODISHA and/or project implementing agency and /or occurrence of a Force Majeure event. (9) PERFORMANCE GUARANTEE M/s ABC will deposit performance securing bank guarantee equivalent to 5% of the aggregate professional fee amount payable during the period of the agreement. (10). FORCE MAJEURE (i) Breach of MoU / Agreement The failure of a Party to fulfill any of its obligations under MoU shall not be considered to be a breach of, or default under this MoU insofar as such inability arises from an event of Force Majeure, provided that Party affected by such an event (i) has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out terms and conditions of this MoU, and (ii) has informed other Party as soon as possible about occurrence of such an event. (ii) Extension of Time
Any period within which a Party shall, pursuant to this MoU, complete any action or task, shall be extended for a period equal to time during which such Party was unable to perform such action as a result of Force Majeure. (11). TERMINATION (a) Termination by SMD Odisha SMD Odisha may terminate this MoU, by not less than thirty (30) days’ written notice of termination to M/s ABC, to be given after occurrence of any of events specified in paragraphs (i) through (iii) below: (i) if M/s ABC does not remedy a failure in performance of its obligations under MoU, within sixty (60) days of receipt after being notified or within such further period as SMD Odisha may have subsequently approved in writing; (ii) if M/s ABC becomes insolvent or bankrupt; or (iii) if, as result of Force Majeure, SMD Odisha is unable to perform a material portion of obligations for a period of more than sixty (60) days.
(b)
Termination by PMA PMA may terminate this MoU, by not less than thirty (30) days’ written notice to SMD Odisha, such notice to be given after occurrence of any event specified below: (i) if SMD Odisha fails to pay any money due to M/s ABC pursuant to this MOU within sixty (60) days after receiving written notice from M/s ABC that such payment is overdue; or (ii) if, as the result of Force Majeure, M/s ABC is unable to perform a material portion of Services for a period of not less than sixty (60) days.
(c)
The termination of this MoU shall not prejudice or affect in anyway rights and benefits accrued or liabilities and duties imposed on parties of this MOU.
(12). MISCELLANEOUS CLAUSES (a) M/s ABC shall notify to SMD Odisha of any material change in its status or shareholding, in particular, where such change would impact on performance of obligations under the MoU. Any failure or delay on part of SMD Odisha to exercise right or power under MoU shall not operate as waiver thereof. Workers, employees, staff or agents engaged or employed by or on behalf of M/s ABC shall neither be nor deemed to be worker, employee, staff or agents of SMD Odisha under any circumstances what so ever and there is no such agreement for or regarding workers of M/s ABC as well as of SMD Odisha. Not withstanding anything in this MoU, in no event shall SMD Odisha be liable under laws of contract, tort, misrepresentation warranty, negligence, strict liability or otherwise, for any special indirect, incidental or consequential damages (including loss of profit arising out of in connection with this MoU). Neither execution and delivery by M/s ABC of this MoU nor performance by M/s ABC of its obligations hereunder will violate, conflict with, or result in breach of, or constitute a default under, any provision of law, statute, rule or regulation or any judgment, order, or decree of any court of governmental body applicable to it, or its articles of incorporation or by-laws.
(b)
(c)
(d)
(e)
(13). ARBITRATION (a) It is hereby agreed between the two Parties that Project shall be executed in manner and form outlined in this Agreement and Scheme Guidelines. If any dispute or difference of any kind whatsoever arises between Parties in connection with or arising out of or relating to or under this Agreement or under the Scheme, the Parties shall promptly and in good faith negotiate, with a view to reaching an amicable resolution and settlement. In event no amicable resolution or settlement is reached within a period of thirty (30) days from date on which above- mentioned dispute or difference arose, such dispute or difference shall be referred to an Arbitrator who shall be appointed from among a panel of officers of so nominated by the Department of Law, Government of Odisha. The seat of arbitration shall be Cuttack and arbitration shall be conducted in English language. Arbitration and Conciliation Act, 1996, shall govern arbitral proceedings. i. Existence of any dispute or difference or initiation or continuance of arbitral proceedings shall not postpone or delay performance by Parties of their respective obligations under or pursuant to this Agreement. Further, this Agreement shall remain subsisting and operative during the arbitral proceedings and no payment due and payable to either Party shall be withheld except the payment in dispute, if any. (b) The courts of Odisha alone shall have jurisdiction with respect to arbitration or any other dispute. IN WITNESS WHEREOF the Parties thereto have put their hand this day and date first above mentioned Signed, sealed and delivered by For and on behalf of Directorate of Industries, Odisha Witnesses: 1. 2. Signed, sealed and delivered by
Representative of PMA
doc_661626604.pdf
Food processing is the transformation of raw ingredients into food, or of food into other forms. Food processing typically takes clean, harvested crops or butchered animal products and uses these to produce attractive, marketable and often long shelf-life food products. Similar processes are used to produce animal feed.
REQUEST FOR PROPOSAL FOR Engagement of Project Management Agency (PMA) For implementation of Centrally Sponsored Scheme - National Mission on Food Processing (NMFP) In State of Odisha during 12th Plan period
Office of the State Mission Director, NMFP, Directorate of Industries Killa Maidan Cuttack-753001, Odisha
Dated: 16.05.2013
1. INTRODUCTION
The Ministry of Food Processing Industries has launched a Centrally Sponsored Scheme - National Mission on Food Processing (NMFP) during 12th Plan w.e.f. 1.4.2012, which will be implemented by states / UTs. The basic objective of NMFP is decentralization of implementation of Ministry’s schemes, which will lead to substantial participation of State Governments/ UTs. The NMFP contemplates establishment of National Mission as well as corresponding Missions in the state and District level. Funds would be transferred to the State Government for implementation of the scheme through the state Mission. State Government has the flexibility in implementing the scheme so that the scheme can be tailored to the requirements of different regions in the country.
2. REQUEST FOR PROPOSAL
The State Mission Director, NMFP is issuing this Request for Proposal (RFP) to request techno-commercial bids from interested and eligible professional organizations (the “applicants”) for engagement as Project Management Agency (PMA) for implementation of National Mission on Food Processing (NMFP) in Odisha for a period of 48 months. However, the engagement shall be every year after review of the performance. Brief background of the scheme and the detailed procedure for submission of BID along with the bid process has been given at Annexure-I. The prescribed format for submission of BID is at AnnexureII. Draft MOA is at Annexure-III, which is to be executed by the successful Bidder after selection. 2.1 EARNEST MONEY DEPOSIT The bid must be accompanied by a refundable Earnest Money Deposit (EMD) of Rs.100,000 /- (Rupees one lakh only) and a non-refundable Bid-document Processing Charges of Rs. 10,000/- (Rupees ten thousand only) separately in the form of Demand Drafts drawn in favour of “Planning Officer, Directorate of Industries, Cuttack”, payable at Cuttack. After selection of the suitable applicant for engagement as PMA, the amount of EMD shall be refunded to the unsuccessful Bidders. The EMD of the successful Bidder shall be retained by the Mission Directorate till the completion of the assignment. 2.2 SCOPE OF WORK State Action Plan for Food Processing Infrastructure Development: PMA would prepare a State Action Plan keeping in view the regional production of food-grains, fruits and vegetables, poultry, meat and marine produce. State Action Plan would outline concrete steps for rapid implementation of projects in a phased manner, methodology for objective evaluation of promoter credibility and track record, arrangements for coordination and fast-tracking, land acquisition, approvals and greater involvement of farmer groups. The action plan would include a roadmap for creating primary processing centres / collection centres in rural areas with a view to increase price paid to the producer / farmer/ collector and ultimately organizing them into producer groups.
State Livelihood Roadmap: PMA would design a roadmap for creating primary processing centres / collection centres in rural areas with a view to increase price paid to the producer/farmer/collector. Pre-feasibility study: PMA would conduct a detailed assessment of agricultural resources of the State with an objective to arrive at existing marketable surplus and opportunities for food processing and value addition. Further, PMA would carry out value chain analysis for selected crops and assess feasibility of food processing enterprises at various clusters in the State and also identify potential locations. Identification of Projects and Entrepreneurs: Based on the feasibility study, PMA would identify potential projects in terms of location, produces, facilities and capacities. Moreover, potential entrepreneurs from both within and outside the state would be approached and mobilized for implementation of these projects. Information Dissemination on NMFP: PMA would assist State Government in organizing workshops / media campaigns aimed at sensitizing stakeholders about various initiatives and support available under NMFP. Assistance in mobilization of proposals under NMFP: PMA would assist State Government in inviting and mobilization of proposals and projects eligible for assistance under NMFP. Evaluation and Appraisal of Techno-feasibility reports and Detailed Project Reports (DPRs): PMA would assist State Government in selection of projects through evaluation / appraisal of techno-feasibility reports and DPRs submitted for food processing and cold chain projects and any other initiatives under NMFP. Credit Linkage: PMA would assist project implementing agencies/entrepreneurs in establishing linkages with Banks / Financial Institutions in availing requisite credit for project. Capacity Building of entrepreneurs in project execution and supply chain management: PMA would provide capacity building services to entrepreneurs in execution of the projects. Such services may include providing expert services on identification and establishment of effective supply chain, technology sourcing, market linkages etc. Release and Utilization of Grant: PMA would assist State Government in release of grant support and also oversee proper utilisation of such released funds as per the norms and guidelines of NMFP. Monitoring and reporting: PMA would assist State Government in effective monitoring of these projects by way of providing quarterly status updates on each approved project. An appropriate MIS may need to be developed for this purpose. Global Impact Investors Meet: PMA would coordinate and manage a global impact investors meet to generate investments in the food processing and downstream areas for creating sustainable social impact. Any other allied matter for the purpose of implementation of NMFP 2.3 ELIGIBLE AGENCIES The agencies intending to Bid for engagement as PMA shall fulfill the following eligibility conditions: a) Should be a reputed Institution / Company / Consulting Firm / Organisation (Corporate
b)
c)
d)
e)
f)
House, NGO) with a track record of providing consulting / advisory services for more than three years. The Agency should submit a copy of the certificate of incorporation to that effect. Should have an annual turnover of Rs. 20.00 crore or more from consulting / advisory during the last three years. The audited copy of the financial statements should be submitted. Should have undertaken minimum two assignments related to State / Central government programs and /or schemes in the country in the last five years. Documentary evidence in form of signed agreements should be submitted. Assignment in food processing sector shall be given preference. Should have undertaken minimum three program management related assignments of long term nature (more than 6 months) for the State / Central Government in the last five years. Documentary evidence in form of signed agreement should be submitted. Should have experience of working with Government Departments/ Govt. undertakings/ PSUs in the State of Odisha in the past three years. Documentary evidence in form of signed agreement should be submitted. Should have experience of managing at least two investor meets for any of the State Governments. Documentary evidence in form of signed agreement should be submitted.
2.4 KEY PERSONNEL The Consultancy Team shall consist of the following key personnel (the “Key Personnel”): Team Leader: He will lead, co-ordinate and supervise the multidisciplinary team for undertaking the activities. The Team Leader should have experience in managing at least three projects in a leadership role in the areas of private sector development, implementation support for central/state schemes, program management and monitoring, project evaluation/appraisal and investment facilitation / mobilization. Food/ Agri sector Specialist: Should be an MBA or Masters in agriculture or allied areas having experience in at least two assignments in agri-business sector in a consulting / advisory capacity. He should also have the experience of handling macro analysis and of conducting feasibility studies in the food sector. Value Chain Specialist should have handson experience of in analyzing agro-value chain and in establishing market linkages. Investment and outreach Expert: Should be MBA with experience in focused investor outreach programs. Should have experience in at least two projects related to conducting investment promotion programs for state / central government and other agencies. Operations Expert: Should be an MBA with experience of at least two projects in the area of supply chain, warehousing and cold chain, infrastructure management, technology sourcing. The Consulting team may be supported by specialists as required. 2.5 BID EVALUATION As the technical capability and experience of the Agency is important for a project of this size and nature, the Agency will be selected based on combined TechnoCommercial evaluation of the proposal in the ratio of 70% (Technical) and 30% (Commercial).
The commercial bids will be evaluated on a score 0 to 30. L1 will get 30 marks and the others will get marks in proportion to be Bid. Thus, if the quote of L1 is Rs. X and L2 is Rs. 2X, then L2 will get 15 marks. The technical Bid will be evaluated on a scale of 100, and the break up for each criterion would be as follows: Max. Marks 10
Evaluation Criteria Minimum Annual Turnover from consulting/advisory over the last three years a) 5 marks for Rs. 20 crores turnover, 1 mark for each additional Rs. 5 crores up to a maximum of 10 marks Past experience of working as a Program / Project Management Agency with Central and State Government. b) 15 marks for 2 assignments, 2 marks for each additional assignment up to a maximum of 25 marks & 5 marks for any assignment pertaining to food processing sector. CVs and experience of key personnel who would be working on the assignment. 5 marks for experience in 3 projects in a leadership role in the areas of private sector development, implementation support for central/state schemes, program management and monitoring, project evaluation/appraisal and investment facilitation/mobilization. 1 mark for every similar additional project.
30
Team Leader
10
c)
Food / Agri sector Specialist
5
2 marks for experience in two advisory assignments in food processing sector. 25 1 mark for every similar additional project.
Investment and Outreach Expert
5
2 marks for experience in two projects related to conducting investment promotion programs for state / central government and other agencies. 1 mark for every similar additional project. 2 marks for experience in two projects related to areas of supply chain, warehousing and cold chain, infrastructure management, technology sourcing. 1 mark for every similar additional project.
Operations Expert
5
Experience of working with Government Departments / Govt. undertakings / PSUs in the State of Odisha - 5 marks for experience related to State / Central government programs and / or schemes in the country in last five years. (2 marks for five assignments, 1 mark each for similar additional assignment) - 5 marks for experience of program management related assignments of long term nature (more than 6 months) for the State / Central Government in 15 the last 5 years. (2 marks for five assignments, 1 mark each for similar additional assignment) - 5 marks for experience of working with Government Departments/ Govt. undertakings/ PSUs in the State of Odisha in the past five years. (2 marks for five assignments, 1 mark each for similar additional assignment)
d)
Approach and methodology for completing the assignment e) To be awarded for a thorough understanding of the requirement and innovative approaches in handling the scope of work outlined. Technical presentation before Evaluation Committee
10
f)
10
Only those bidders who score more than 70% marks in the technical evaluation will be considered for commercial evaluation. 2.6 COMMERCIAL BID The agency should quote lump sum monthly professional fee for consulting services that shall include all out of pocket expenses, applicable taxes and other statutory levies etc. 2.7 AVAILABILITY OF RFP DOCUMENT RFP document can be obtained between 1000 hours and 1600 hours on all working days from the Office of the State Mission Director, Directorate of Industries, Killa Maidan, Cuttack, Odisha from 23.05.2013 to 22.06.2013. The document can also be downloaded from the official websites of MSME Department, Government of Odisha www.msmeodisha.gov.in. 2.8 BID SUBMISSION The proposals/ bids may be addressed to State Mission Director, NMFP, Directorate of Industries, Killa Maidan, Cuttack - 753001. The complete proposals / bids should reach the office of State Mission Director, Cuttack on or before 3.00 PM on 24.06.2013. 2.9 VALIDITY OF THE PROPOSAL The proposal shall be valid for a period of 180 days from the bid submission date as mentioned in Clause 2.8
3. PRE-BID MEETING
A pre-bid meeting will be held on 01.06.2013 at 11.00 AM in the Directorate to provide clarifications, if any. The State Mission Director, NMFP reserves the right to revise / modify the RFP document and the same shall be notified in the website as addendum / corrigendum.
4. OPENING OF BID
The bids will be opened on 24.06.2013 at 4.00 PM by the Committee constituted for the purpose in presence of the Bidders or their authorized representatives.
5. DISQUALIFICATION OF THE APPLICANT
The applicant shall be disqualified if it is discovered that it has wrongly stated / manipulated the facts and figures in the proposal at any stage before the award of the assignment. Any firm / agency trying to influence the evaluation process by any means shall be disqualified. Earnest Money Deposited would be forfeited in such a case.
6. KEY DATES
Item Pre-Bid Conference Bid Submission Date Opening of Proposals Date 01.06.2013 at 11.00AM 24.06.2013 by 3.00 PM 24.06.2013 at 4.00 PM
For further details and queries, please contact Sri B.M.Mohanty, Nodal Officer. (Mobile No. +919861455836)
(State Mission Director) Directorate of Industries, Killa Maidan, Cuttack: 753001. Contact No: - +91671 2301892 (office), +91671 2307331 (FAX)
Annexure-I
NMFP Background and BID Process
1.
1.1
NMFP Background: The Major Activities /Schemes to be covered under NMFP are:
th (a). Continuing Components / Schemes (as in 11 Plan): i. ii. iii. iv. Scheme for Technology Up-gradation / Establishment / Modernisation of Food Processing Industries Scheme for Cold Chain, Value Addition and Preservation Infrastructure for Non Horticultural Products. Scheme for Modernisation of Abattoirs (no targets for 2012-13 and 2013-14). Scheme for Human Resource Development (HRD) a) Creation of Infrastructure Facilities for Running Degree/ Diploma/ Certificate Courses in Food Processing Technology. b) Entrepreneurship Development Program (EDP) c) Food Processing Training Centre (FPTC) Scheme for Promotional Activities a) Organizing Seminar/Workshops b) Conducting Studies/Surveys c) Support to Exhibitions/Fairs d) Advertisement & Publicity
v.
(b). New Components / Schemes (proposed for 12th Plan): i. ii. iii. Scheme for Creating Primary Processing Centers / Collection Centers in Rural Areas. Modernisation of Meat Shops. Reefer Vehicles.
1.2 All the above components will be implemented by the State of Odisha as a Centrally Sponsored Scheme (CSS) with the funding support split in the ratio of 75:25 between Govt. of India and State of Odisha. For the remaining 4 years of 12th Plan, the pattern of assistance may continue to be the same or otherwise will be notified separately. 2. 2.1 Bid Process Bidding Procedure The agency fulfilling the eligibility conditions as laid down in Section 2.3 in this RFP shall
submit the Bids in three separate covers (as per the format given in Annexure II), as follows: Cover (A) would include the Technical Bid i.e. the proposal and documents in support of the eligibility conditions as mentioned above. Cover (B) would include the Commercial Bid. Cover (C) would include the EMD and Bid Processing Fees. 2.2 Submission of Bids
The envelopes should be super-scribed as “Request for Proposal for engagement as PMA for facilitating NMFP Implementation in State of Odisha – Technical Bid / Commercial Bid” as the case may be. EMD and Bid Processing Fee shall be submitted in a separate small envelope clearly marked “EMD and Bid Processing Fees” The three envelopes (Technical Bid, Commercial Bid, EMD and Bid Processing Fees) should be enclosed in a large cover super-scribed as “Request for Proposal for engagement as PMA for facilitating NMFP Implementation in State of Odisha”. Every sheet and all forms complete in all respect shall be signed by the person / persons duly authorized to sign on behalf of the applicants. Any/ all corrections made in the offer shall be duly authenticated by the signature of the authorized signatory. 3. Terms of Payment Payment of professional fee will be made on monthly basis upon the submission of an invoice backed by Monthly Progress Reports outlining the areas covered in Section 2 of draft Memorandum of Agreement. Payment of professional fees would be made within two weeks of submission of invoices after necessary evaluation. Penalty Clause
4.
For non-performance, the following, all or any penalties may be imposed on the selected agency (i) Forfeiture of Bank Guarantee in case of any midway unilateral withdrawal from the assignment. (ii) EMD will be forfeited in case of any mid way unilateral withdrawal from the Bidding process. On account of circumstances beyond the control of the PMA like natural (iii) calamities and any other unforeseen events and upon formal notification, the Department may give time to the PMA to complete the activities and in such a case will not hold up the payment that is due for a particular month. 5. Period of the Assignment The tenure of assignment / contract would be for a period of 48 months from the
date of signing of this agreement. The engagement shall be extended every year after review of the performance. 6. Performance Security Deposit
After selection of suitable applicant as PMA, the amount of EMD shall be refunded to the unsuccessful bidders. The EMD of the successful Bidder shall be retained by DI Odisha Department till the completion of the assignment. In addition, performance security shall be obtained from form of bank guarantee to the tune of 5% of the contract value. form of bank guarantee shall initially be valid till the end of this assignment extends beyond the period, the validity of the bank extended. 7. Validity of Bid the selected agency in the Performance security in the agreement and in case the guarantee shall be suitably
The application Bid shall be valid for a period of 180 days from the last date of submission of application. 8. Withdrawal / Amendment to Bid
At any time prior to the last date of receipt of Bids, the Department, may for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the RFP document by an amendment. In order to provide prospective Bidder reasonable time in which to take the amendment into account in preparing their Bids, the Department may at its discretion, extend the last date for receipt of Bids and / or make other changes in the requirements set out in the invitation to RFP. The Department reserves the right to withdraw the RFP at any stage without any liability or any obligation for such withdrawal, without assigning any reasons. 9. Rejection of Application/Bid The application / Bid for engagement as PMA is liable to be rejected, if: a) It is not received in proper sealed cover with superscription as indicated above. b) It is not in prescribed form and not containing all required details/ information/ documents. c) It is not properly signed. d) It is received after the due date and time. e) Bid is received by telex, fax, telegram or e-mail. f) Bid received without cost of Bid document and EMD. 10. The Directorate reserves the right to: a) To reject any/all application without assigning any reasons thereof b) To relax or waive any of the conditions stipulated in this document as deemed necessary in the best interest of the Ministry and the objective of the scheme without assigning any reasons thereof c) To include any other items in the Scope of Work at any time after consultation in the pre-Bid meeting or otherwise during the course of implementation of the scheme.
Annexure – II Bid Letter Pro-forma
To
State Mission Director, Directorate of Industries, Killa Maidan,Cuttack - 753001 Sub: Engagement of Project Management Agency (PMA) for implantation of NMFP in the State of Odisha during the 12th Plan period. Sir, The undersigned having read and examined in detail all the BID documents for appointment of Project Management Agency(PMA) for the implementation of National Mission on Food Processing (NMFP): 1. 1 2 3 4 5 6 7. 8 9 Technical Bid: Name of the Consultancy Agency Address Name of the contact person to whom all references shall be made regarding this Bid Designation of the person to whom references shall be made regarding this Bid Address of the person to whom all references shall be made regarding this Bid Telephone (with STD code) Mobile No. of the contact person E-mail of the contact person Fax No. (with STD code) all
2.
Documents forming part of the bid
(a) Technical Bid:
• •
EMD and Bid processing fee Applicant Proposal
o Firm / company profile. o Certified copy of Certificate of Incorporation of the Applicant. o Authenticated copy of audited balance sheet a n d i n c o m e s t a t e m e n t for last three years in support of annual turnover (as on 31.03.2012). o Details of the assignments executed during the last five years for the Central/ State Government highlighting program management related assignments of long term nature. Certified copies of signed agreements should be enclosed in support. Description of each assignment to be limited to 250 words each. o Details of the assignments executed during the last five years for the Government of Odisha, its undertakings/PSUs. Certified copies of the signed agreements should be enclosed in support. Description of each assignment to be limited to 250 words each. o Details of the assignments related to agribusiness and food processing sector. A copy of the signed agreements, letter from the concerned department to be enclosed in support. Description of each assignment to be limited to 250 words each. o Details of the assignments related to coordinating and managing investor meets for the State Governments. Certified copies of the signed agreements should be enclosed in support. Description of each assignment to be limited to 250 words each. o Any other relevant documents in support of the eligibility criteria (the documents carrying various financial details should be certified by Chartered Accountants.) o Curriculum Vitae (CVs) of the Key Personnel proposed to handle the assignment. Each CV should not exceed two A4 sized sheets. CVs should be formatted as below: Passport size photo on top Educational Qualifications Degree College Year Graduated
Experience Details Project/Company
Scale of the project/company
Role in the project/company highlighting areas of experience
Self-certified copies of the certificate for educational qualifications should be attached. In addition, Team Leader should attach a self-certified letter attesting to having the requisite leadership experience. o Approach and methodology for completing the assignment. (Not to exceed four A4 size pages) o Any other relevant documents.
(b) Commercial Bid:
(On the Letterhead of the Consultant)
Sub: Engagement of Project Management Agency for NMFP .
Having gone through the RFP document and having fully understood the scope of work for the Study as set out in these documents; we are pleased to quote the following Professional fees for the Assignment: In Figure In Words Any cutting / overwriting in the Bid documents must be authenticated by the authorized signatory of the applicant agency.
Yours faithfully (Signature of the applicant)
(Name ) Date----------Place------------
Annexure III Stamp Paper of Rs. 100 Draft Memorandum of Agreement This Agreement has been entered into at Cuttack this ……th day of ….May, 2013 Between (M/s ABC) incorporated in India under the ………….. and having its registered / head office at …………………… (hereinafter referred to as ‘………..’ or “FIRST PARTY”) which expression shall unless repugnant to the context of meaning thereof include its successors and permitted assignees of the FIRST PARTY. AND The Governor of Odisha acting through the State Mission Director, Directorate of Industries, having its office at Cuttack (hereinafter referred to as “SMD Odisha” or “SECOND PARTY”) which expression shall unless repugnant to the context of meaning thereof include its successors and assignees of the SECOND PARTY.
WHEREAS FIRST PARTY (M/s ABC) is…………………………. WHEREAS SECOND PARTY: (A) MSME Department and SMD, Odisha are entrusted with the policy, planning, formulation and implementation of programmes for promotion and development of food processing industry sector in Odisha. (B) Ministry of Food Processing Industries, Government of India has launched a new Centrally Sponsored Scheme – National Mission on Food Processing (NMFP) (hereinafter referred to as “Scheme”) in the country during 12th five year plan, to be implemented through States / UTs. The basic objective of NMFP is decentralization of implementation of Ministry’s schemes, which will lead to substantial participation of State Governments / UTs. (C) The scheme contemplates establishment of a National Mission as well as corresponding Missions at the State and District level. (D) To facilitate implementation of the scheme in the State of Odisha, SMD Odisha has decided to engage a Project Management Agency (PMA) to provide management, capacity building, coordination and monitoring support.
NOW, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS UNDER: (1). DEFINITIONS
(a) “Approval” means approval in writing by designated officers of SMD Odisha. (b) “Force Majeure” means any event or circumstance or combination of events or circumstances which prevents the party claiming Force Majeure (the ‘Affected Party’) from performing its obligations under this MOU and which event or circumstance (i) the Affected Party has been unable to overcome such circumstance or event by the exercise of due diligence and reasonable efforts, skill and care. Such events or circumstances shall include, without limitation, the effect of any natural element or other acts of State of God including, but not limited to, fire, flood, earthquake, lightning, cyclone, landslides or other natural disasters, strikes or other industrial disturbances, war, riots, civil commotion, terrorist attacks, embargoes, blockades, governmental restriction, intervention of civil, naval or military authorities, change in applicable law. (c) “Scheme” means Centrally Sponsored Scheme for National Mission on Food Processing (NMFP) in accordance with guidelines published / to be published by Government of India, Ministry of Food Processing Industries and includes any amendments thereto. (d) “Project Management Agency” or “PMA” for purpose of this MOU means …………., engaged as such by SMD Odisha for implementing the scheme in the State of Odisha. (e) “Services” shall have meaning ascribed thereto in clause 2 hereto. (f) Any other term not defined above, shall have the same meaning as described in the guidelines of the scheme. (2). ENGAGEMENT OF PMA AND SCOPE OF SERVICES
DI Odisha hereby appoints M/s ABC and M/s ABC hereby agrees to act as ‘Project Management Agency (PMA)’ to assist DI Odisha in smooth implementation of the scheme in the State of Odisha (‘Services’): (a) State Action Plan for Food Processing Infrastructure Development: PMA would prepare a State Action Plan keeping in view the regional production of food-grains, fruits and vegetables, poultry, meat and marine produce. State Action Plan would outline concrete steps for rapid implementation of projects in a phased manner, methodology for objective evaluation of promoter credibility and track record, arrangements for coordination and fast-tracking, land acquisition, approvals and greater involvement of farmer groups.
(b) State Livelihood Roadmap: PMA would design a roadmap for creating primary processing centres/ collection centres in rural areas with a view to increase price paid to the producer/ farmer/ collector. (c) Pre-feasibility study: PMA would conduct a detailed assessment of agricultural resources of the State with an objective to arrive at existing marketable surplus and opportunities for food processing and value addition. Further, PMA would carry out value chain analysis for selected crops and assess feasibility of food processing enterprises at various clusters in the State and also identify potential locations. (d) Identification of Projects and Entrepreneurs: Based on the feasibility study, PMA would identify potential projects in terms of location, produces, facilities and capacities. Moreover, potential entrepreneurs from both within and outside the state would be approached and mobilized for implementation of these projects. (e) Information Dissemination on NMFP: PMA would assist State Government in organizing workshops/media campaigns aimed at sensitizing stakeholders about various initiatives and support available under NMFP. (f) Assistance in mobilization of proposals under NMFP: PMA would assist State Government in inviting and mobilization of proposals and projects eligible for assistance under NMFP. (g) Evaluation and Appraisal of Techno-feasibility reports and Detailed Project Reports (DPRs): PMA would assist State Government in selection of projects through evaluation / appraisal of techno-feasibility reports and DPRs submitted for food processing and cold chain projects and any other initiatives under NMFP. (h) Credit Linkage: PMA would assist project implementing agencies/entrepreneurs in establishing linkages with Banks/Financial Institutions in availing requisite credit for project. (i) Capacity Building of entrepreneurs in project execution and supply chain management: PMA would provide capacity building services to entrepreneurs in execution of the projects. Such services may include providing expert services on identification and establishment of effective supply chain, technology sourcing, market linkages etc. (j) Release and Utilization of Grant: PMA would assist State Government in release of grant support and also oversee proper utilisation of such released funds as per the norms and guidelines of NMFP. (k) Monitoring and reporting: PMA would assist State Government in effective monitoring of these projects by way of providing quarterly status updates on each approved project. An appropriate MIS may need to be developed for this purpose. (l) Global Impact Investors Meet: PMA would coordinate and manage a global impact
investors meet to generate investments in the food processing and downstream areas for creating sustainable social impact. (m) Any other allied matter for the purpose of implementation of NMFP (3). RESPONSIBILITIES OF SMD ODISHA AND MSME DEPARTMENT (a) SMD Odisha and MSME Department, Government of Odisha will duly notify and inform all the relevant stakeholders including industry and industry associations, district administration, concerned Ministries / organizations of Government of Odisha, banks and financial institutions about engagement of M/s ABC as PMA. (b) SMD Odisha would provide all necessary facilitating support to M/s ABC in discharge of the services mentioned in para 2 above. (4). PAYMENT TERMS
SECOND PARTY will pay a Professional Fee of Rs. ……………. to FIRST PARTY towards carrying out this assignment which will include professional fee, travel, boarding & lodging, communication , service tax and all out of pocket expenses. (5). COMMENCEMENT
M/s ABC shall commence the work immediately on signing of MoU /agreement. (6). CO-ORDINATION AND MONITORING
M/s ABC would coordinate, monitor and guide implementation of projects under Scheme. M/S ABC shall submit monthly progress report to DI Odisha on progress and seek inputs, directions and approvals, as the case may be. (7). VALIDITY
This MOU shall be valid until and unless it is expressly terminated. During validity of MOU, SMD Odisha and …………… will take effective steps for implementation of MOU. (8). PENALTY
For non performance in relation to scope of work related to Second Party, following penalty would be imposed on the Second Party by First Party, until and unless such delay is condoned by SMD ODISHA for valid and acceptable reasons, after due consideration: (i) Deduction of 1% (one percent) of fee for each week of delay or part thereof, wherever any deadline is fixed.
(ii)
Forfeiture of security.
Provided however, that no penalty shall be payable by M/s ABC for delays attributable to SMD ODISHA and/or project implementing agency and /or occurrence of a Force Majeure event. (9) PERFORMANCE GUARANTEE M/s ABC will deposit performance securing bank guarantee equivalent to 5% of the aggregate professional fee amount payable during the period of the agreement. (10). FORCE MAJEURE (i) Breach of MoU / Agreement The failure of a Party to fulfill any of its obligations under MoU shall not be considered to be a breach of, or default under this MoU insofar as such inability arises from an event of Force Majeure, provided that Party affected by such an event (i) has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out terms and conditions of this MoU, and (ii) has informed other Party as soon as possible about occurrence of such an event. (ii) Extension of Time
Any period within which a Party shall, pursuant to this MoU, complete any action or task, shall be extended for a period equal to time during which such Party was unable to perform such action as a result of Force Majeure. (11). TERMINATION (a) Termination by SMD Odisha SMD Odisha may terminate this MoU, by not less than thirty (30) days’ written notice of termination to M/s ABC, to be given after occurrence of any of events specified in paragraphs (i) through (iii) below: (i) if M/s ABC does not remedy a failure in performance of its obligations under MoU, within sixty (60) days of receipt after being notified or within such further period as SMD Odisha may have subsequently approved in writing; (ii) if M/s ABC becomes insolvent or bankrupt; or (iii) if, as result of Force Majeure, SMD Odisha is unable to perform a material portion of obligations for a period of more than sixty (60) days.
(b)
Termination by PMA PMA may terminate this MoU, by not less than thirty (30) days’ written notice to SMD Odisha, such notice to be given after occurrence of any event specified below: (i) if SMD Odisha fails to pay any money due to M/s ABC pursuant to this MOU within sixty (60) days after receiving written notice from M/s ABC that such payment is overdue; or (ii) if, as the result of Force Majeure, M/s ABC is unable to perform a material portion of Services for a period of not less than sixty (60) days.
(c)
The termination of this MoU shall not prejudice or affect in anyway rights and benefits accrued or liabilities and duties imposed on parties of this MOU.
(12). MISCELLANEOUS CLAUSES (a) M/s ABC shall notify to SMD Odisha of any material change in its status or shareholding, in particular, where such change would impact on performance of obligations under the MoU. Any failure or delay on part of SMD Odisha to exercise right or power under MoU shall not operate as waiver thereof. Workers, employees, staff or agents engaged or employed by or on behalf of M/s ABC shall neither be nor deemed to be worker, employee, staff or agents of SMD Odisha under any circumstances what so ever and there is no such agreement for or regarding workers of M/s ABC as well as of SMD Odisha. Not withstanding anything in this MoU, in no event shall SMD Odisha be liable under laws of contract, tort, misrepresentation warranty, negligence, strict liability or otherwise, for any special indirect, incidental or consequential damages (including loss of profit arising out of in connection with this MoU). Neither execution and delivery by M/s ABC of this MoU nor performance by M/s ABC of its obligations hereunder will violate, conflict with, or result in breach of, or constitute a default under, any provision of law, statute, rule or regulation or any judgment, order, or decree of any court of governmental body applicable to it, or its articles of incorporation or by-laws.
(b)
(c)
(d)
(e)
(13). ARBITRATION (a) It is hereby agreed between the two Parties that Project shall be executed in manner and form outlined in this Agreement and Scheme Guidelines. If any dispute or difference of any kind whatsoever arises between Parties in connection with or arising out of or relating to or under this Agreement or under the Scheme, the Parties shall promptly and in good faith negotiate, with a view to reaching an amicable resolution and settlement. In event no amicable resolution or settlement is reached within a period of thirty (30) days from date on which above- mentioned dispute or difference arose, such dispute or difference shall be referred to an Arbitrator who shall be appointed from among a panel of officers of so nominated by the Department of Law, Government of Odisha. The seat of arbitration shall be Cuttack and arbitration shall be conducted in English language. Arbitration and Conciliation Act, 1996, shall govern arbitral proceedings. i. Existence of any dispute or difference or initiation or continuance of arbitral proceedings shall not postpone or delay performance by Parties of their respective obligations under or pursuant to this Agreement. Further, this Agreement shall remain subsisting and operative during the arbitral proceedings and no payment due and payable to either Party shall be withheld except the payment in dispute, if any. (b) The courts of Odisha alone shall have jurisdiction with respect to arbitration or any other dispute. IN WITNESS WHEREOF the Parties thereto have put their hand this day and date first above mentioned Signed, sealed and delivered by For and on behalf of Directorate of Industries, Odisha Witnesses: 1. 2. Signed, sealed and delivered by
Representative of PMA
doc_661626604.pdf