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Request for Proposal (RFP)

For

Selection of Consultancy Firm/Agency for Project


Monitoring Unit (PMU) to support the implementation of
Scheme “Skill India Programme”

Ministry of Skill Development & Entrepreneurship


Government of India

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Government of India
Ministry of Skill Development and Entrepreneurship
TABLE OF CONTENTS
S.No. Description Page No.
1 Disclaimer 3-4
2 Section 1: Letter of Invitation 5
3 Section 2: Introduction 7
4 Section 3: Instructions to the Bidders 13
5 Section 4: Technical Proposal Forms 33
6 Section 5: Financial Proposal Forms 39
7 Section 6: Terms of Reference 44
8 Annexure-I: Award of Contract 75
9 Annexure-II: Non Disclosure Agreement 84
10 Annexure-III: Integrity Pact 92

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Disclaimer

The information contained in this Request for Proposal document (“RFP”) or


subsequently provided to Applicants, whether verbally or in documentary or any
other form by or on behalf of the Ministry of Skill Development and Entrepreneurship,
is provided to Applicants 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 Ministry to
the prospective Applicants or any other person. The purpose of this RFP is to
provide bidder with information that may be useful to them in the formulation of their
Proposals pursuant to this RFP. This RFP includes statements, which reflect various
assumptions and assessments arrived at by the Ministry in relation to the
consultancy. Such assumptions, assessments and statements do not purport to
contain all the information that each applicant may require. This RFP may not be
appropriate for all persons, and it is not possible for the Ministry to consider the
objectives, technical expertise and particular needs of each party who reads or uses
this RFP, except for the purpose of this RFP. The assumptions, assessments,
statements and information contained in this RFP, may not be complete, accurate,
adequate or correct for all intents and purposes other than for limited purpose of
giving a background of this scheme and should, therefore, conduct his own
investigations and analysis and check the accuracy, adequacy, correctness,
reliability and completeness of the assumptions, assessments and information
contained in this RFP and obtain independent advice from appropriate sources.

Information provided in this RFP to the Applicants is on a wide range of matters,


some of which depends upon interpretation of law. The information given is not an
exhaustive account of statutory requirements and should not be regarded as a
complete or authoritative statement of law. The Ministry accepts no responsibility for
the accuracy or otherwise for any interpretation or opinion on the law expressed
herein.

The Ministry, its employees and advisers make no representation or warranty and
shall have no liability to any person including any Applicant under any law, statute,
rules or regulations or tort, principles of restitution or unjust enrichment or otherwise
for any loss, damages, cost or expense which may arise from or be incurred or
suffered on account of anything contained in this RFP or otherwise, including the
accuracy, adequacy, correctness, reliability or completeness of the RFP and any
assessment, assumption, statement or information contained therein or deemed to
form part of this RFP or arising in any way in this selection process.

The Ministry reserves the right to change any or all conditions/ information set in this
RFP document by way of revision, deletion, updating or annulment through issuance
of appropriate addendum as the authority may deem fit without assigning any reason
thereof.

The Ministry reserves the right to accept or reject any or all proposals without giving
any reasons thereof. The Ministry of Skill Development and Entrepreneurship will not

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entertain or be liable for any claim for costs and expenses in relation to the
preparation of the Proposals to be submitted in response to this RFP Document. The
Ministry also accepts no liability whether resulting from negligence or otherwise,
howsoever caused, arising from reliance of any Applicant upon the statements
contained in this RFP. The Ministry may in its absolute discretion, but without being
under any obligation to do so, update, amend or supplement the information,
assessment or assumption contained in this RFP. The issue of this RFP does not
further imply that the Ministry is bound to select an Applicant or to appoint the
Selected Applicant, as the case may be, for consultancy and the Ministry reserves
the right to reject all or any of the Proposals without assigning any reasons
whatsoever.

The Applicant shall bear all its costs associated with or relating to the preparation
and submission of its Proposal including but not limited to preparation, copying,
postage, delivery fees, expenses associated with any demonstrations or
presentations which may be required by the Authority or any other costs incurred in
connection with or relating to its Proposal. All such costs and expenses will remain
with the Applicant and the Ministry shall not be liable in any manner whatsoever for
the same or for any other costs or other expenses incurred by an Applicant in
preparation for submission of the Proposal, regardless of the conduct or outcome of
the selection process.

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Section1: Letter of Invitation
Government of India
Ministry of Skill Development and Entrepreneurship

3rd Floor, Kaushal Bhawan, New Delhi.


Date__________
Request for Proposal (RFP)
Subject: Request for Proposal (RFP) for selection of a Consultancy
Firm/Agency for Project Monitoring Unit (PMU) to support the implementation
of the scheme “Skill India Programme”.
Ministry of Skill Development and Entrepreneurship, Government of India,
intends to engage a Consultancy Firm/Agency for a Project Monitoring Unit (PMU)
for the Scheme “Skill India Programme”, details of which have been provided in the
RFP document.
2. Proposals are invited from agencies which have the requisite experience in this
field as detailed in the RFP. The salient features of the eligibility criteria and
instructions on how to bid and other details are available in the RFP document
uploaded on the GeM portal (https://gem.gov.in). Important information & tentative
dates are as under:
Tentative schedule and Data Sheet for selection process
Project Name Selection of Consultancy Agency for Project Monitoring
Unit (PMU) for the Scheme “Skill India Programme”
The name of Client is Ministry of Skill Development
and Entrepreneurship, Govt. of India
Method of Selection Quality and Cost Based Selection (QCBS 80:20)
Release date of RFP
Last date for receiving
queries/ requests for
clarification
Pre-Bid meeting
Mode of submission Online
Opening of Technical Bid
date and time
Technical presentation by To be intimated separately
the bidders followed by
key personnel interview
Opening of Financial Bid To be intimated separately
Validity of Proposal 120 days from PDD
2 years from the date of signing of contract; extendable
Agreement Period up to 1year based on satisfactory performance and
mutual agreement.

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EMD of Rs. 40,00,000/- (Rs. Forty Lakhs), in the form
Earnest Money Deposit of Account Payee Demand Draft, Banker Cheque or
Bank Guarantee from any of the Commercial Banks in
favour of PAO, Ministry of Skill Development and
Entrepreneurship and payable at New Delhi. Further,
physical copy of the Demand Draft (DD) is required
to be submitted to the Bid inviting authority at Shri
Abhishek Meena, Deputy Director, MSDE, Room No.
312, Kaushal Bhawan, New Moti Bagh, New Delhi –
110023.
Technical Evaluation Refer to Section - 4
Criteria
Contact Person for any Shri Abhishek Meena
clarifications Deputy Director (PMKVY),
Ministry of Skill Development & Entrepreneurship Room
No.312, Kaushal Bhawan, New Moti Bagh, New Delhi
– 110023
email:abhishek.meena88@gov.in
Tentative date of
Commencement of
services

3. Interested applicants are requested to submit their response to the RFP on GeM
portal (https://gem.gov.in) only.

4. The Applicant shall submit its Proposal online (the Technical Proposal and the
Financial Proposal), on the GeM portal (https://gem.gov.in), duly signed in digital form
by the authorized signatory of the Applicant, no later than the date and time specified
as the PDD as specified in document, by uploading the complete and legible
scanned/digital copies of Technical and Financial Proposal in digital format (i.e.
scanned copy of original signed documents and the supporting documents and
financial bid in .xls, format).The documents submitted in the Proposal should be
scanned in at least 100 dpi with black and white option. Each page of the submission
shall be initialled by the Authorized Representative of the Applicant as per the terms
of this RFP.

5. A Consultancy Agency will be selected as per Quality cum Cost Based Selection
(QCBS) process.

6. The bidding firms under this Request for Proposal are requested to carefully study
the Scope of Work and technical requirements attached in the bid document.

Yours Sincerely,

Abhishek Meena, Deputy Director


Ministry of Skill Development and Entrepreneurship

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SECTION 2: INTRODUCTION
1.1. Introduction/background
Ministry of Skill Development and Entrepreneurship (MSDE) is the foremost
institution in the nation helming the Government of India’s various initiatives in
the ‘skills-to-jobs transition’. Set up in November 2014 to drive the ‘Skill India’
agenda, the Ministry is responsible for co-ordination of all skill development
efforts across the country; removal of disconnect between demand and supply
of skilled manpower; building the vocational and technical training framework;
and pioneering skilling initiatives for economic agents of the nation through
opportunity creation and forward thinking.

The MSDE launched the National Skill Development Mission (NSDM) to create
an end-to-end implementation framework that provides opportunities for quality
short and long-term skill development, leading to productive employment and
career progression aligned to aspiration of trainees. MSDE has taken up several
additional roles through multiple organizations and skilling schemes, namely,
PMKVY (Pradhan Mantri Kaushal Vikas Yojana), PMKK (Pradhan Mantri
Kaushal Kendra), NSDC (National Skill Development Corporation), NCEVT
(National Council for Vocational Education and Training), JSS (Jan Shikshan
Sansthan), National Apprenticeship Promotion Scheme (NAPS), NIESBUD
(National Institute for Entrepreneurship & Small Business Development), IIE
(Indian Institute of Entrepreneurship), Directorate General of Training (DGT).

Earlier the scheme Pradhan Mantri Kaushal Vikas Yojana, Scheme to support to
Jan Shikshan Sansthan (NGOs) and National Apprenticeship Promotion Scheme
(NAPS) were individual Centrally Sponsored schemes under the overall Pradhan
Mantri Kaushal Vikas Yojana. However, as recommended by Expenditure
Finance Committee (EFC), these three schemes have been brought under the
umbrella scheme as ‘Skill India Programme’.

Thus, the Central Sector Scheme of ‘Skill India Programme,’ having


following three components being implemented by Ministry of Skill
Development & Entrepreneurship for the duration of four (4) years, i.e., FY
2022-23 to FY 2025-26 with an outlay of Rs. 8,800 crore.

a. Pradhan Mantri Kaushal Vikas Yojana 4.0 (PMKVY4.0)


PMKVY provides NSQF- aligned short-term modular skill courses (usually
200- 600 hours) and Recognition of Prior Learning (RPL) aimed at creating
an industry-ready workforce. The scheme PMKVY 4.0 aims to create a
pool of around 1.5 crore certified candidates with higher employable skills.

b. Pradhan Mantri-National Apprenticeship Promotion Scheme (PM-


NAPS)
PM-NAPS is an apprenticeship promotion scheme which provides
Government support, i.e., 25% of the stipend paid to an Apprentice

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(maximum of Rs. 1,500 per month), targeted at candidates with
educational qualification up to School/ITI/Diploma. The scheme PM-NAPS
aims to train more than 46 lakh youths.

c. Scheme of Support to Jan Shikshan Sansthan (NGOs) for Skill


Development
JSS is a community-driven doorstep vocational training scheme targeted at
non-literates, neo- literates and school dropouts implemented through
NGOs. The Scheme of JSS aims to impart skill to more than 28 lakhs
beneficiaries.

In this regard, the Ministry intends to engage a reputed Consultancy Firm/Agency,


for a period of two (2) years extendable up to one (1) year, to provide consultancy
for technical and project management support for the scheme “Skill India
Programme” to the Ministry of Skill Development and Entrepreneurship during the
period 1st January 2024 to December 2025 extendable up to December 2026. The
selected Consultancy Firm/Agency will set up a common PMU for the
implementation of the “Skill India Programme” in the Ministry. The component-
wise detailed scope of work is appended below:

2.2. Scope of Work

The Project/Programme Management Unit (PMU) will fully support the Ministry of
Skill Development and Entrepreneurship (MSDE) to implement the umbrella Scheme
“Skill India Programme” through the following major domain intervention as may
be required:

1. Pradhan Mantri Kaushal Vikas Yojana 4.0

a. Successful implementation of PMKVY 4.0 through National Skill


Development Corporation (NSDC)- the implementor of the PMKVY 4.0
scheme for MSDE.
b. Provide inputs for Policy and Strategy Development for enabling quality,
inclusion and institutional linkage.
c. Provide evidence based and result oriented monitoring and evaluation using
the Skill India Digital.
d. Financial Management including Monitoring and Control mechanism.
e. Preparation of Concept Note, EFC, Cabinet Note and other documents
related to next version of PMKVY Scheme.
f. Implementation of skilling component of Central Government Scheme like-
PM-Vishwakarma or other scheme launched during the time period of the
PMU.
g. Resolution of issues related to policy, operational and financial aspects
of PMKVY 2.0 and PMKVY 3.0 including its sub-schemes/special projects.
h. Closure of PMKVY 2.0 and PMKVY 3.0.
i. Conduct monthly capacity building and handholding meeting with the NSDC
and other stakeholder on scheme related issues.
j. Any other related issue or work as may arise or assigned by Wing head
from time to time.

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2. PM- National Apprenticeship Promotion Scheme (PM-NAPS)
a. Successful implementation of PM-NAPS through National Skill
Development Corporation (NSDC), RDSDEs, CPSUs, State Govt.
Apprenticeship advisors. etc.
b. Evidence based and result oriented monitoring and evaluation of PM-NAPS
using the Skill India Digital.
c. Increase awareness and encourage apprenticeship programme.
d. Handholding of the establishments and local clusters along with District
Administration and SSDMs to create strong apprenticeship network.
e. Development of guidelines for empanelment to Third Party Aggregator
(TPA), monitoring of TPAs, etc.
f. Development strategy to increase/energise apprenticeship program under
informal/MSME sector and create scope for further expansion.
g. Maintain data base of apprenticeship initiative and provide requisite
information whenever necessary.
h. Support in preparation for various stakeholder workshops to enhance the
awareness about the scheme and increase the participation of the industry.
i. Support in end-to-end management of apprenticeship portal, resolving
technical glitch and maintaining dashboards.
j. Analyse apprenticeship datasets and drawing policy level inferences.
k. Support MSDE in regular follow up with various stakeholders, conducting
periodical reviews on various parameters of the scheme.
l. Support in outreach to industrial clusters/Industry Associations/Colleges
m. Support in implementation of scheme in Northeastern States through -
Special Projects,
n. Any other works as assigned by the Wing Head.

3. Scheme of Support to Jan Shikshan Sansthan (NGO) for Skill


Development
a. Successful implementation of Jan Shikshan Sansthan (JSS).
b. Assist in release of Recurring Grants.
c. Assist in settlement of Accounts for the Grants-in-Aid released during
previous years to the JSSs.
d. Assist in issuance of Utilization Statements.
e. Assist in release of Non-Recurring Grants to the agencies for setting up of
new JSSs.
f. Assist in PFMS related activities like - Creation of Agencies, Creation of
Sanctions, Financial Monitoring through EAT module, Drawing several
reports etc.
g. Data management on e-Samiksha, LIMBS, Uthan & other portals.
h. Facilitate in JSS course and curriculum development.
i. Any other works as assigned by the Wing Head.

Apart from above-mentioned tasks, the PMU will also perform following common
key tasks for each of the three schemes of Skill India Programme:

a. Support in preparation of Notes/ Responses/ Data requirements for

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PMO, NITI Aayog, other Central Ministries/ Departments.
b. Preparation of Notes/ Presentations w.r.t. to Parliamentary matters,
Standing and Consultative Committees, International Organizations, etc.
c. Prepare State profiles for different States for providing response to PMO,
office of Hon’ble Minister, SDE, etc.
d. Facilitate the coordination with different stakeholders of MSDE (NCVET,
RDSDEs, SSCs, NIESBUD, IIE).
e. Policy and Data Convergence of all the skilling Schemes of other
Central and State Government using the Skill India Digital Portal. PMU
will facilitate the onboarding of the skilling scheme of different
Ministries/Departments on SID.
f. Enable MSDE senior leadership with qualitative inputs for evidence-
based decision making on skilling matters.
g. Advisory on NEP implementation and coordination with Ministry of
Education.
h. Preparing data reports as per the needs of the Scheme periodically
(weekly/fortnightly/monthly/quarterly/annually).
i. Shall undertake continuous escalation management, issue
management, performance measuring and milestone reviews as per the
contract.
j. Support process to achieve a centrally managed repository for all the
information gathered and produced over the life of the
project/programme.
k. Facilitate IEC activity through physical and electronic print media and
through popular social media channels.
l. Support in conceptualization of solution by identifying and analysing
needs for change requests and support in drafting functional
requirements for any new releases/change requests.
m. Assist in annual audits, certifications and surveys as may be reasonably
aligned with the objectives of the services delivery needs of Ministry.
n. PMU shall ensure that periodic assessments are done to ensure
compliance to standard and guidelines, security requirements, capacity
management and such other planned tasks.
o. The Firm shall depute additional resources as per work requirements for
execution of the assignment. If the firm deputes additional resources at
their own discretion to meet the deliverable schedule, no additional cost
will be payable from Ministry.
p. Data Convergence with other Social Sector Schemes and Gati Shakti,
etc.
q. Coordination with State Skill Development Missions, District Skill
Committees, Mahatma Gandhi National Fellows, State Engagement
Team of NSDC.
r. Prepare Minutes for Steering Committee and other meetings.
s. Monitoring of creation of a central pool of trainers and assessors and
their continuous upskilling and reskilling.
t. Monitoring of creation of content and curriculum.
u. Support in development and implementation of Entrepreneurship
projects/policy.
v. Creating an enabling ecosystem for creating micro entrepreneurs
w. Support in G-20, and other International Corporation (IC) related work

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x. Support in Externally added projects

2.3. Request for Proposals

The Ministry invites proposals for selection of Consultancy firm/agency for Project
Monitoring Unit (PMU) for the Scheme “Skill India Programme”.

The Ministry intends to select a Consultancy Firm/agency to provide manpower for


the PMU, through a competitive bidding through open invitation to bid, in accordance
with the Quality cum Cost Based Selection (QCBS) method procedure set out herein.

2.4. RFP Document

The RFP document will be available on GeM portal (https://gem.gov.in). Applicants


can download the RFP document directly from the GeM portal and shall not
tamper/modify it. In case if the same is found to be tempered/modified in any manner,
proposal will be summarily rejected.

2.5. Due diligence by Applicants

Applicants are encouraged to get informed about the assignment and the local
conditions before submitting the proposal by attending a Pre-Proposal Conference/
Pre-Bid meeting on the date and time specified.

Bidders shall bear all the costs associated with the preparation and submission of
their proposals. The Ministry is not bound to accept any proposal and reserves the
right to annul the selection process at any time prior to Contract award, without
thereby incurring any liability to the Bidders.

2.6. Availability of RFP Document

The RFP document can be downloaded from GeM portal (https://gem.gov.in).

2.7. Validity of the Proposal

The Proposal shall remain valid for a period of not less than 120 days from the
Proposal Due Date (the “PDD”).

2.8. Brief description of the Selection Process


The Ministry has adopted a two-stage selection process (the “Selection Process”) for
evaluating the proposals comprising of technical and financial bids, which need to be
submitted separately on the GeM Portal. In the first stage, a technical evaluation will
be carried out as specified in Para 3.9. Based on this technical evaluation, a list of
short-listed applicants shall be prepared as specified in Para 3.9.2. In the second
stage, a financial evaluation will be carried out as specified in Para 3.9.7. Proposals

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will finally be ranked according to their combined technical and financial scores as
specified in Para 3.9.13. The first ranked applicant will be issued the LoI.

2.9. Currency for payment

All payments to the Consultant shall be made in the Indian Rupees (INR) in
accordance with the provisions of this RFP.

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Section 3: Instructions to Bidders
3.1. Introduction
3.1.1. Definitions
a. “Ministry” means the Ministry of Skill Development and Entrepreneurship who
has invited bids for Selection of an Agency for setting up a Project Monitoring
Unit (PMU) for Scheme ‘Skill India Programme’ of Ministry of Skill
Development and Entrepreneurship, Govt. of India”, with whom the selected
agency will sign the contract for providing the services as per the terms and
conditions of the contract and Terms of Reference (TOR) of this RFP.
b. “Client” means Ministry of Skill Development and Entrepreneurship, Govt. of
India, New Delhi
c. “Consultant” means any entity or person or associations of person who will be
selected to provide the services to the Ministry under the contract.
d. “Contract” means a legally binding written agreement signed between the
Client and the Consultant.
e. “Day” means calendar day.
f. “Government” means the Government of India.
g. “Instructions to Applicants” means the document which provides bidders with
all information needed to prepare their proposals.
h. LOI means the Letter of Invitation being sent by the Client to the consultant.
i. “Personnel” means professionals and support staff provided by the Consultant
and assigned to perform the Services or any part thereof.
j. “Experts” means, collectively, Key Experts and Non-Key Experts, or any other
personnel of the consultant.
k. “Key Expert(s)” means an individual professional whose skills, qualification,
knowledge and experience are critical to the performance of the services
under the Contract and whose CV is taken into account in the technical
evaluation of the Consultant’s proposal.
l. “Non-Key Expert(s)” means an individual professional provided by the
consultant and who is assigned to perform the services or any part thereof
under the Contract and whose CVs are not evaluated individually.
j. “Proposal” means the Technical Proposal and the Financial Proposal.
k. “RFP” means the Request for Proposal prepared by the Ministry for the
selection of Consultant, based on the RFP.
l. “Assignment / job” means the work to be performed by the consultant.
m. “Terms of Reference” (TOR) means the document included in the RFP as
Section 6 which explains the objectives, scope of work, activities, tasks to be
performed, respective responsibilities of the Client and the Consultant, and
expected results and deliverables of the Assignment/job.

3.1.2. The Client named in the Data Sheet will select a consultancy agency/firm in
accordance with the method of selection specified in the data sheet. Bidders are

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advised that the selection of consulting Agency shall be on the basis of an evaluation
by client through the selection process specified in this RFP (the selection process).
Applicants shall be deemed to have understood and agreed that no explanation or
justification for any aspect of the selection process will be given and that client’s
decisions are final without any right of appeal whatsoever.

3.1.3. The Bidders are invited to submit Technical and Financial Proposals
(collectively called as- the ‘proposal’), as specified in the data sheet, for the services
required for the assignment. The proposal will form the basis for grant of Award of
Contract to the selected consulting Agency. The consulting Agency shall carry out the
assignment in accordance with the Terms of Reference (TOR) of RFP.
3.1.4. The bidder shall submit the proposal in the form and manner specified in this
RFP. The proposal shall be submitted as per the forms given in relevant sections
herewith.
3.1.5. Bidder shall bear all costs associated with the preparation and submission of
their proposals and their participation in the selection process, and technical
presentation including but not limited to postage, delivery fees, expenses associated
with any demonstrations or presentations which may be required by client or any
other costs incurred in connection with or relating to its proposal. The client is not
bound to accept any proposal and reserves the right to annul the selection process
at any time prior to grant of Award of Contract, without thereby incurring any liability
to the applicants.
3.1.6. Client requires that the applicant shall hold client’s interests paramount, avoid
conflicts with other assignments or with its own interests and act without any
consideration for future work. The Bidder shall not accept or engage in any
assignment that may place it in a position of not being able to carry out the
assignment in the best interests of Client and the project.
3.1.7. It is the Client’s policy to require that the applicants observe the highest
standard of ethics during the selection process and execution of work/assignment. In
pursuance of this policy, the client:
a. Will reject the proposal for award if it determines, at any stage/time,
that the bidder has engaged in corrupt or fraudulent activities in competing for
the Award of Contract in question;
b. Will declare an applicant ineligible, either indefinitely or for a stated
period of time, to be awarded any contract or Work Order if it at any time
determines that the bidder has engaged in corrupt or fraudulent practices in
competing for and in executing the Award of Contract.
3.1.8. Dispute Resolution: If any dispute or difference of any kind whatsoever
arises between the parties in connection with or arising out of or relating to or under
this RFP, the parties shall promptly and in good faith negotiate with a view to its
amicable resolution and settlement. In the event no amicable resolution or settlement
is reached within a period of thirty (30) days from the date on which the above-
mentioned dispute or difference arose, such dispute or difference shall be finally

14
settled by Secretary, MSDE whose decision shall be final and binding on the parties.
In case of non- resolution at Secretary, MSDE, the dispute resolution shall be dealt
through legal standard procedure within the jurisdiction of NCT of Delhi.
3.1.9. Arbitration: In the case of dispute arising upon or in relation to or in
connection with the Contract between the Ministry and the Agency, which has not
been settled amicably, any Party can refer the dispute for Arbitration under (Indian)
Arbitration and Conciliation Act, 1996. Such disputes shall be referred to an Arbitral
Tribunal consisting of 3 (three) arbitrators, one each to be appointed by the Ministry
and the Agency, the third arbitrator shall be chosen by the two arbitrators so
appointed by the Parties which shall act as Presiding Arbitrator. In case of failure of
the two arbitrators, appointed by the Parties to reach a consensus regarding the
appointment of the third arbitrator within a period of thirty (30) days from the date of
appointment of the two arbitrators, the Presiding arbitrator shall be appointed by
Secretary, MSDE. The Arbitration and Conciliation Act, 1996 and any statutory
modification or re-enactment thereof, shall apply to these Arbitration proceedings.
3.1.10. Arbitration proceedings shall be held at New Delhi and the language of
the Arbitration proceedings and that of all documents and communications between
the Parties shall be English.
3.1.11. The decision of the majority of arbitrators shall be final and binding
upon both Parties. The expenses of the arbitrators as determined by the arbitrators
shall be shared equally by the Ministry of Skill Development and Entrepreneurship
and the Agency. However, the expenses incurred by each Party in connection with
the preparation, presentation shall be borne by the Party itself. All Arbitration awards
shall be in writing and shall state the reasons for the award.
3.1.12. Notwithstanding any references to arbitration, the parties shall continue
to perform their respective work/ obligation under the Contract.
3.1.13 Termination of assignment: Client will have the right to terminate the
assignment by giving 30 (thirty) days’ notice in writing. In the event of termination for
no fault of Applicant (Bidder), the Client will reimburse all the expenses incurred by
the Applicant (upon submission of proof) including closing-up of the project. If the
assignment is terminated due to the fault of the Applicant or in case of termination of
the assignment by the Applicant for reasons not attributable to the Client, the Client
will forfeit the performance security of the Applicant.
3.1.14 The evaluation will be done in accordance with procedure given in Clause 3.9.
3.1.15 No Bidder shall submit more than one Application.
3.1.16 Sub-contracting is not allowed.
3.1.17 Right to reject any or all Proposals:
i. Notwithstanding anything contained in this RFP, the Client reserves the right to
accept or reject any Proposal and to annul the Selection Process and reject all
Proposals, at any time without any liability or any obligation for such acceptance,
rejection or annulment, and without assigning any reasons thereof.

15
ii. Without prejudice to the generality of above, the Client reserves the right to
reject any Proposal if:
a. at any time, a misrepresentation is made or discovered, or
b. the Bidder does not provide, within the time specified by the Client, the
supplemental information sought by the Client for evaluation of the Proposal.
iii. Such misrepresentation/ improper response by the Bidder may lead to the
disqualification of the Bidder. If such disqualification/ rejection occur after the
Proposals have been opened and the highest-ranking Bidder gets disqualified/
rejected, then the EMD of such bidder is liable to be forfeited.
3.1.18 Acknowledgement by Bidder
i. It shall be deemed that by submitting the Proposal, the Bidder has:
a. made a complete and careful examination of the RFP;
b. received all relevant information requested from the Client;
c. accepted the risk of inadequacy, error or mistake in the information provided
in the RFP or furnished by or on behalf of the Client;
d. satisfied itself about all matters, things and information, including matters
herein above, necessary and required for submitting an informed Application
and performance of all of its obligations there under;
e. acknowledged that it does not have a Conflict of Interest;
f. agreed to be bound by the undertaking provided by it under and in term
hereof, and
g. conducted its own investigations and analysis and checked the accuracy,
adequacy, correctness, reliability and completeness of the assumptions,
assessments and information contained in this RFP and obtained independent
advice from appropriate sources.
ii. The Client and/ or its advisors shall not be liable for any omission, mistake or
error on the part of the Bidder in respect of any of the above or on account of any
matter or thing arising out of or concerning or relating to RFP or the selection
process, including any error or mistake therein or in any information or data given
by the Client and/ or its consultant.
3.2. Clarification and amendment of RFP documents
3.2.1. At any time before the submission of Proposals, the Client may, for any
reason, whether at its own initiative/discretion or in response to a clarification
requested by a prospective Bidder, modify/ update the RFP documents by way of an
amendment. Only the amendments/ corrigenda posted on GeM portal shall be valid.
In order to provide the Bidders a reasonable time for taking an amendment into
account, the Ministry may at its discretion extend the Proposal Due Date.

16
3.3 Earnest Money Deposit (EMD)
An EMD of Rs.40,00,000 (Rs. Forty Lakh), in the form of Demand Draft (DD), Fixed
Deposit Receipt, Banker’s Cheque or Bank Guarantee from any of the Commercial
Bank with the validity for a period of forty-five days beyond the final bid validity
period, in favour of, PAO, Ministry of Skill Development and Entrepreneurship and
payable at New Delhi must be submitted by each Bidders. Physical copy of the EMD
is required to be submitted to the Bid inviting Authority, Shri Abhishek Meena, Deputy
Director, MSDE, Room No. 312, 3rd Floor, Kaushal Bhawan, New Moti Bagh, New
Delhi one day before scheduled opening of the Bid on GeM otherwise the Bid will be
summarily rejected.
A scanned copy (in pdf format) shall also be uploaded on GeM portal. Proposals not
accompanied by EMD shall be declared as non-responsive. No interest shall be
payable by the Ministry for the sum deposited as earnest money deposit.
The EMD of the unsuccessful Consultants would be returned within one month of
signing of the contract with the successful Consultant. The EMD shall be forfeited by
the Employer in the following events:
I. If the Proposal is withdrawn during the validity period or any extension agreed
by the consultant thereof.
II. If the Proposal is varied or modified after opening the Proposal during the
validity period or any extension thereof.
III. If the consultant tries to influence the evaluation process.
IV. If the First ranked consultant withdraws his proposal during negotiations
(failure to arrive at consensus by both the parties shall not be construed as
withdrawal of proposal by the consultant).
The shortlisted agencies who are registered with Micro and Small Enterprises
(MSEs) as defined in MSE Policy issued by Department of Micro, Small and Medium
Enterprises (MSME) or are registered with the Central Purchase Organization of
Govt. of India for the services to be provided under this RFP are exempted from
submission of bid security. In such case, bidder should submit copy of MSME
registration and documents showing exemption from submission of bid security.
3.4 Performance of Guarantee
The selected consultant for the schemes shall be required to furnish a Performance
bank Guarantee equivalent to 5% of the contract value rounded off to the nearest
thousand Indian Rupees in the form of an unconditional and irrevocable bank
guarantee from a scheduled commercial bank in India in favor of PAO, Ministry of
Skill Development and Entrepreneurship at New Delhi for the period of contract, with
60 days claim period beyond the completion of all contractual obligations. The bank
guarantee must be submitted after award of contract but before signing of the
consultancy contract. The successful bidder has to renew the bank guarantee on
same terms and conditions for the period up to contract including extension period, if
any. Performance Guarantee would be returned only after successful completion of

17
tasks assigned to them and only after adjusting/recovering any dues
recoverable/payable from/by the Consultant on any account under the contract. On
submission of performance guarantee and after signing of the contract, EMD would
be returned.
3.5 Any entity which has been barred by the Central Government, any State
Government, a statutory or by order of a judicial/regulatory authority or a public-
sector undertaking, as the case may be, from participating in any project and the bar
subsists as on the date of the Proposal Due Date, would not be eligible to submit a
Proposal.
3.6. An Applicant should have, during the last 3 (three) years, neither failed to
perform on any agreement, as evidenced by imposition of a penalty by an arbitral or
judicial authority or a judicial pronouncement or arbitration award against the
Applicant or its Associate, nor been expelled from any project or agreement nor have
had any agreement terminated for breach by such Applicant or its Associate.
3.7 Preparation of Proposals
3.7.1. Bidders are requested to submit their Proposal in English strictly in the formats
provided in this RFP. The Client will evaluate only those Proposals that are received
in the specified forms and complete in all respects.
3.7.2. In preparing their Proposal, Bidders are expected to thoroughly examine the
RFP Document.
3.7.3. The technical proposal should provide the documents as prescribed in this
RFP. No information related to financial proposal should be provided in the technical
proposal.
3.7.3. The format for submission of the Technical bid is furnished in Form TECH-I of
Section – 4 of the RFP.
3.7.4. Failure to comply with the requirements spelt out above shall lead to deduction
of marks during the evaluation. Further, in such a case, Client will be entitled to reject
the Proposal. However, if any information related to financial proposal is included in
the technical proposal the applicant shall be disqualified and his proposal will not be
considered.
3.7.5. Bidders should note the Proposal Due Date, as specified in Data Sheet, for
submission of Proposals. Except as specifically provided in this RFP, no
supplementary material will be entertained by the Client, and the evaluation will be
carried out only on the basis of documents received by/before the closing time of
Proposal Due Date as specified in Data Sheet. Bidders will ordinarily not be asked to
provide additional material information or documents subsequent to the date of
submission, and unsolicited material if submitted will be summarily rejected. For the
avoidance of doubt, the Client reserves the right to seek clarifications in case the
proposal is non- responsive on any aspects.

18
3.7.6. Financial Proposal
While preparing the Financial Proposal, Bidders are expected to take into account,
the various requirements and conditions stipulated in this RFP document. The
Financial Proposal shall be prepared using the prescribed Form (Section 5). The
Financial Proposal should be a lump sum Proposal inclusive of all the costs including
all taxes (except GST) associated with the Assignment. Bidders shall separately
provide monthly fee of each category of resource as envisaged in Form: Summary of
costs.
The bidder shall prepare the bid based on details provided in the Proposal
Documents. However, it must be clearly understood that the specifications and
requirements are intended to give the bidders an idea about the order and
magnitude of the work and are not in any way exhaustive and guaranteed by the
Ministry.
The Financial Bid should clearly indicate the price to be charged without any
qualifications whatsoever and should include all taxes, duties, fees, Insurance,
levies, works contract/ and other charges as may be applicable in relation to the
activities proposed to be carried out except GST.
The bidders are advised not to indicate any separate discount. Discount, if any,
should be merged with the quoted prices. Discount of any type, indicated separately,
will not be taken into account for evaluation purpose.
3.7.7. The proposal should be submitted as per the Standard Financial Proposal
submission form prescribed in this RFP.
3.7.8. Applicants shall express the price of their services in Indian Rupees only.
3.8. Submission, Receipt and Opening of Proposal
3.8.1. The Proposal shall be submitted through GeM portal (https://gem.gov.in). The
procedure for filing of e-tender is provided on the portal. Files uploaded on the portal
should have file name in accordance to following format [form name. applicant
name]. Applicant name should contain only first two words of its name. Proposal
received in any other manner shall be summarily rejected.
3.8.2. The Authorized Representative of the Applicant should authenticate EMD
details, Pre-qualification, Technical and Financial Proposal.
3.8.3. No proposal shall be accepted after the due date for submission of Proposals.
3.8.4. After the deadline for submission of proposals the Proposals shall be opened
by online on GeM. Further, proposals shall be evaluated whether the Bidders meet
the prescribed Minimum Qualification Criteria. The Technical and Financial Proposals
shall remain sealed.
3.8.5. From the time the proposals are opened to the time the contract is awarded,
the applicants should not contact the Ministry on any matter related to its Technical
and/ or Financial Proposal. Any effort by applicants to influence the Employer in the

19
examination, evaluation, ranking of Proposals, and recommendation for award of
contract may result in the rejection of the applicants’ proposal forthwith.
3.8.6. The proposal of the applicant shall be valid for 120 days from the proposal due
date.
3.9. Proposal Evaluation
3.9.1. As part of the evaluation, the Pre-Qualification Proposal submitted (Form 4A-
4E) shall be checked to evaluate whether the Applicant meets the prescribed
Minimum Qualification Criteria. Subsequently the Technical Proposal submission, for
Applicants who meet the Minimum Qualification Criteria (―Shortlisted Applicant),
shall be checked for responsiveness in accordance with the requirements of the RFP
and only those Technical Proposals which are found to be responsive would be
further evaluated in accordance with the criteria set out in this RFP document.
3.9.2. Evaluation of Technical Proposals: The Evaluation Committee (EC) shall
evaluate the Technical Proposals with reference to the Terms of Reference taking
into account the evaluation criteria and sub- criteria in Section 4. In the first stage of
evaluation, a proposal shall be rejected if it is found deficient. Only complete
proposals satisfying all the criteria shall be further taken up for further evaluation.
Evaluation of the technical proposal will be considered initially and the financial bids
shall remain unopened, at this stage. The qualification of the consultant and the
evaluation criteria for the technical proposal shall be as defined below.
3.9.3. To assist in the examination, evaluation and comparison of Proposals, the EC
may at its discretion, ask the Bidder for clarification of its Proposal, if any. The
request for clarification and the response shall be in writing and no change in price or
substance of the Proposal shall be sought, offered, or permitted.
3.9.4. Preliminary examination of Technical Proposal: The EC will examine the
Proposals to determine whether they are complete, whether the documents have
been properly signed, and whether the Proposals are generally in order.
3.9.5. Evaluation and comparison of technical proposals: The technical
evaluation shall be done by the EC on the basis of the criteria specified in Section 4.
Only the Bidders who have secured 70% and above in the technical evaluation shall
be considered as technically qualified and only their financial bids shall be opened.
3.9.6. Client right to vary requirements at the time of award: The Client reserves
the right at the time of award of contract to vary the quantity of services specified in
the Proposal with suitable change in price or other terms and conditions.
3.9.7 Financial Proposal
The EC will recommend opening of the Financial Proposals of only Technically
Qualified Bidders, at the time, date & place, as decided by the Ministry.
3.9.8 Preliminary examination of Financial Proposal: Each Financial Proposal will
be examined by the EC. In case of any errors, the final bid amount in the financial

20
proposal will be considered as the final offer from the bidder. If there is a discrepancy
between words and figures, the amount in words will prevail.
3.9.9. The Ministry reserves the right to reject any Proposal which is non-responsive
and no request for alteration, modification, substitution or withdrawal will be
entertained by the Client in respect of such Proposals. However, client reserves the
right to seek clarifications or additional information from the applicant during the
evaluation process.
3.9.10. As part of the evaluation, the Pre-Qualification Proposals submitted should
fulfil the Minimum Qualification Criteria. In case an Applicant does not fulfil the
Minimum Qualification Criteria, the Proposal of such an Applicant will not be
evaluated further.
3.9.11. Final Selection: The final selection of the consultant would be based on
QCBS (Quality-Cum Cost Based) Methodology. The technical score would be
calculated for each Bidder by the Client and all the bidders who get at least 70 marks
out of 100 would be considered for financial evaluation. Applicants who get a
technical score of less than 70 out of 100 would not be considered for the financial
evaluation. The financial score would be calculated through a normalization process
where the lowest bidder would be given 100 marks and scores of all other bidders
would be normalized against this. Final selection would be on the basis of weighted
score where the weights for technical and financial scores would be in the ratio of
80:20. The applicant with the highest weighted score would be awarded the contract.
3.9.12. Commercial Bid Evaluation:
a) The Financial Bids of technically qualified bidders will be opened on the
prescribed date.
b) If a firm quotes NIL charges/consideration, the bid shall be treated as
unresponsive and will not be considered.
c) The bidder with lowest qualifying financial bid(L1) will be awarded 100% score
(amongst the bidders which did not get disqualified on the basis of point ‘b’
above). Financial Scores for other than L1 bidders will be evaluated using the
following formula:

(Adjusted to two decimal places)

d) Only fixed price financial bids indicating total price for all the deliverables and
services specified in this bid document will be considered.
e) The bid price will include all taxes and levies and shall be in Indian Rupees.
f) Any conditional bid would be rejected.

21
g) Errors and 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
total price shall be corrected. If there is a discrepancy between words and
figures, the amount in words will prevail.
h) Total cost excluding GST associated with the assignment for Lump-sum
costs submitted for two (2) year in financial bid will be considered for
financial evaluation.
3.9.13. Combined and Final Evaluation:
a) The technical and financial scores secured by each bidder will be added
using weightage of 80% and 20% respectively to compute a Composite Bid
Score.
b) The bidder securing the highest Composite Bid Score will be adjudicated as
the most responsive Bidder for award of the Project. The overall score will be
calculated as follows.
Bn = 0.8 x Tn + 0.2xFn
Where
Bn = Overall score of the Bidder
Tn = Technical Score of the bidders (out of maximum 100 marks)
Fn = Normalized financial score of the bidder.
c) In the event the composite bid score are “tied”, the bidder securing highest
technical score will be adjudicated as the Best Value Bidder for award of the
Project.
3.10. Duration
3.10.1. The tenure of assignment/ contract would be for a period of two (2) years
from date of signing of agreement. The contract may be extended further for
additional one (1) years and beyond on satisfactory performance of the bidder and
based on the sole discretion of Ministry on the same Terms and Conditions.
3.11. Award of Contract
3.11.1. After selection, the Ministry shall issue a Letter of Intent (LOI) to the selected
Consultant and promptly notify all other Bidders who have submitted proposals about
the decision taken.
3.11.2. The selected consultant will sign the contract after fulfilling all the
formalities/pre- conditions mentioned in the standard form of contract (Annexure-I),
within 7 days of receipt of the signed copy of letter of intent (LOI) from the bidder to
the Ministry. The copy of the draft contract is enclosed at Annexure-I. In the event
the Letter of Intent (LOI) duly signed by the Successful Applicant is not received by
the stipulated date, the Ministry may, unless it consents to extension of time for

22
submission thereof, forfeit the Earnest Money Deposit of such Applicant In such
case, LoI should be cancelled and fresh procurement initiated.
3.11.3. The selected Consultant is expected to commence the assignment/job within
one week from the date of signing of the Contract.
3.12. Confidentiality
Information relating to evaluation of proposals and recommendation concerning
awards shall not be disclosed to the consultants who submitted the proposals or to
other persons not officially concerned with the process, until the publication of the
award of Contract. The undue use by any Consultant of any information related to
the process may result in the rejection of its proposal and blacklisting. The
successful bidder and personnel shall not either during the term or after expiration of
contract disclose any proprietary or confidential information relating to the services,
contractor business or operations of MSDE without the prior written consent of the
MSDE. The successful bidder shall ensure that no information about the software,
hardware, and database or policies of the Ministry or any other confidential or
proprietary information of the user Ministry/Department is removed or taken out in
any form including electronic form or otherwise, from the work site by the manpower
posted by them.
3.13. Fraud and Corrupt Practices
3.13.1. The Bidders and their respective officer(s), employee(s), agent(s),
representative(s) and adviser(s) shall observe the highest standard of ethics during
the Selection Process. Notwithstanding anything to the contrary contained in this
RFP, the Client will reject a Proposal without being liable in any manner whatsoever
to the Bidder, if it determines that the Bidder has, directly or indirectly or through its
officer(s), employee(s), agent(s), representative(s) and adviser(s), 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 Client shall, without prejudice to its any other rights or
remedies, forfeit and appropriate the Earnest Money Deposit, as mutually agreed
genuine pre-estimated compensation and damages payable to the Client for, inter
alia, time, cost and effort of the Client, in regard to the RFP, including consideration
and evaluation of such Applicant’s proposal.
3.13.2. Without prejudice to the rights of the Client under this Clause, hereinabove
and the rights and remedies which the Client may have under the Award of Contract
or the Agreement, if an Applicant or Consulting Agency, as the case may be, is found
by the Client to have directly or indirectly or through its agent(s)/representative(s),
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 Award of Contract or the execution of the Agreement, such Applicant or
Consulting Agency shall not be eligible to participate in any tender or RFP issued by
the Client during a period of 5 (five) years from the date such Applicant or Consulting
Agency, as the case may be, is found by the Client to have directly or through its
agent(s)/representative(s), engaged or indulged in any corrupt practice, fraudulent

23
practice, coercive practice, undesirable practice or restrictive practice, as the case
may be.
3.13.3. For the purposes of this Clause, the following terms shall have the meaning
hereinafter respectively assigned to them:
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 Client who is or has been associated in any manner, directly or indirectly with the
Selection Process or the Award of Contract 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 Client, 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 Award of Contract 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 Award of Contract or the Agreement, who at any time has been or
is a legal, financial or technical consultant/ adviser of the Client in relation to any
matter concerning the Project;
a) Fraudulent practice means a misrepresentation or omission of facts or
disclosure of incomplete facts, in order to influence the Selection Process;
b) Coercive practice means impairing or harming or threatening to impair or
harm, directly or indirectly, any persons or property to influence any person’s
participation or action in the Selection Process;
c) undesirable practice means (i) establishing contact with any person connected
with or employed or engaged by the Client 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
d) 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.
3.14. Pre-Bid Meeting
3.14.1. Pre-Bid Meeting of the Bidders will be convened, details of the meeting will
be uploaded on GeM portal.
3.14.2. During Pre-Bid Meeting, the Applicants will be free to seek clarifications and
make suggestions for consideration of the Client. The Client will endeavour to
provide clarification and such further information as it may, in its sole discretion,
consider appropriate for facilitating a fair, transparent and competitive selection
process. The clarification shall be posted on GeM Portal.
3.15. Miscellaneous

24
3.15.1 The Selection Process shall be governed by and construed in accordance
with the laws of India and the Courts at New Delhi shall have exclusive jurisdiction
over all disputes arising under, pursuant to and/or in connection with the Selection
Process.
3.15.2 The Client, in its sole discretion and without incurring any obligation or liability,
reserves the right, at any time, to:
3.15.2.1 Suspend and/or cancel the Selection Process and/or amend and/or
supplement the Selection Process or modify the dates or other terms and conditions
relating thereto;
3.15.2.2 Consult with any Applicant in order to receive clarification or further
information;
3.15.2.3 Retain any information and/or evidence submitted to the Client by, on behalf
of and/or in relation to any Applicant; and/or
3.15.2.4 Independently verify, disqualify, reject and/or accept any and all
submissions or other information and/or evidence submitted by or on behalf of any
Applicant.
3.15.3. It shall be deemed that by submitting the Proposal, the Applicants agrees and
releases the Client, its employees, agents and advisers, irrevocably, unconditionally,
fully and finally from any and all liability for claims, losses, damages, costs, expenses
or liabilities in any way related to or arising from the exercise of any rights and/or
performance of any obligation hereunder, pursuant hereto and/or in connection
herewith and waives any and all rights and/ or claims it may have in this respect,
whether actual or contingent, whether present or future.
3.15.4. All documents and other information provided by Client or submitted by an
Applicant to the Client shall remain or become the property of the Client. Applicants
and the Consulting Agency, as then case may be, are to treat all information as
strictly confidential. Client will not return any Proposal, or any information related
thereto. All information collected, analyzed, processed or in whatever manner
provided by the Applicant to the Client in relation to the assignment shall be the
property of the Client.
3.15.5 The Client reserves the right to make inquiries with any of the clients listed by
the Applicants in their previous experience creating an enabling ecosystem for
creating micro entrepreneurs record.
4. Prequalification Criteria for the bidders
Minimum Qualification Criteria
S.No. Basic Minimum Qualification Criteria Document
Requirement
1 Registration The Bidder should be a company
registered under Companies Act, 1956 or
a partnership firm registered under LLP Form 4B
Act, 2008 operating for the last five years.

25
Bidder should be registered with the
Service Tax Authorities.
2 Consortium Bidder should be an individual Form 4B
organization. Consortiums are not allowed.
3 Turnover The bidder should have a positive net Form 4C
from worth and a minimum average annual
consulting turnover of INR 50 crores from India
services operations in business consulting services
in previous five financial years (FY 2017-
18, FY2018-19, FY2019-20, FY2020-21,
and FY2021-22).
4 Manpower Bidding firm should have at least 200
Form 4D
Strength manpower strength having desired
Self-
education, qualification, and experience in certification
their direct payroll. from the HR
Head of the
organization.
5 Blacklisting Blacklisting criteria shall be as mentioned in Form 4B
rule 151 of the General Financial Rules,
2017, as amended and guidelines issued in
this regard by Department of Expenditure
vide OM no. F.1/20/2018-PPD dated
02.11.2021.
6 Project The bidder must have experience of having
Management executed/ ongoing projects (of minimum Form 4E
Assistant duration two (2) years) similar PMU
assignments/ Projects/ Program in
Central/State Govt. Dept. Schemes/Industry
bodies in Social Sector viz. Skill
Development /Education/TVET/Rural
Development/Health sector etc. in India.

Bidder should have executed/be executing


(of minimum duration two (2) year) a
minimum of Five (5) contracts of similar
nature from Central/ State Government/
Industry bodies from distinct clients, over the
past 5 years in Social Sector viz. Skill
Development /Education/TVET/Rural
development/Health sector. Bidders must
furnish details of projects executed in India
only.

26
Form 4A: Pre-Qualification Proposal Submission Form

[Location, Date]
To
Deputy Director,
PMKVY Division, Ministry of Skill Development and Entrepreneurship,
3rd Floor, Kaushal Bhawan, New Moti Bagh, New Delhi-23.

Sub: RFP dated (date) for selection of Consulting Agency for setting up a
Project Monitoring Unit (PMU) for the scheme “Skill India Programme”.
Dear Sir/ Madam,
With reference to your RFP document dated [date], we, having examined all relevant
documents and understood their contents, hereby submit our Pre-Qualification
Proposal for selection as Consulting Agency for [name of assignment]. The Proposal
is unconditional and unqualified.
We are submitting our Proposal as [name of the Applicant].
We understand you are not bound to accept any Proposal you receive.
Further:
1. We acknowledge that Client will be relying on the information provided in the
Proposal and the documents accompanying the Proposal for selection of the
Consulting Agency, and we certify that all information provided in the Proposal and in
the supporting documents is true and correct, nothing has been omitted which
renders such information misleading; and all documents accompanying such
Proposal are true copies of their respective originals.
2. This statement is made for the express purpose of appointment as the
Consulting Agency for the aforesaid Project.
3. We shall make available to Client any additional information it may deem
necessary or require for supplementing or authenticating the Proposal.
4. We acknowledge the right of Client to reject our application without assigning
any reason or otherwise and hereby waive our right to challenge the same on any
account whatsoever.
5. We certify that in the last three years we have neither failed to perform any
assignment or contract, as evidenced by imposition of a penalty by an arbitral or
judicial authority or a judicial pronouncement or arbitration award against the
Applicant, nor been expelled from any project, assignment or contract by any public
authority nor have had any assignment or contract terminated by any public authority
for breach on our part.

27
6. We declare that:
a. We have examined and have no reservations to the RFP, including any
Addendum issued by the Authority;
b. We do not have any conflict of interest in accordance with the terms of the
RFP;
c. We have not directly or indirectly or through an agent engaged or indulged in
any corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice, as defined in the RFP document, in respect of any tender or
request for proposal issued by or any agreement entered into with Ministry or any
other public sector enterprise or any Government, Central or State; and
d. We hereby certify that we have taken steps to ensure that no person acting for
us or on our behalf will engage in any corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice.
7. We understand that you may cancel the selection process at any time and
that you are neither bound to accept any Proposal that you may receive nor to select
the Consulting Agency, without incurring any liability to the Applicants.
8. We agree to keep this offer valid for 120 (One hundred twenty) days from the
Proposal Due Date specified in the RFP.
9. The Technical Proposal and Financial Proposal is being submitted in a
separately. This Pre- Qualification Proposal read with the Technical Proposal and
Financial proposal shall constitute the application which shall be binding on us.
10. We agree and undertake to abide by all the terms and conditions of the RFP
Document.

Yours sincerely, Signature


Name and title of Authorized signatory/Authorized Representative (Name of Firm)
Address:
Telephone:
Fax:
Email:
(Name and seal of the Applicant/Authorized Representative)

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Form 4B: Self-certification of Minimum Eligibility and of not being blacklisted

[Location, Date]
Here gives a certificate that the Consulting Agency is a registered firm under
Companies Act,1956 or a partnership firm under LLP Act,2008 registered with the
Service Tax Authorities should have been operating for the last five years* and the
bidder has not been blacklisted/debarred by any agency of central Government/
State Government/ any other regulatory authority in India as per Rule 151 of the
General Financial Rules, 2017, as amended and guidelines issued in this regard by
Department of Expenditure vide OM no. F.1/20/2018-PPD dated 02.11.2021.
If at any time it is found that the Consulting Agency did not have the capabilities as
enumerated above, Ministry may put the Consulting Agency in negative list without
prejudice to any other civil/ criminal action under the law and forfeiture of the earnest
money deposit and in due course the performance guarantee in lieu of penalty

*Kindly provide supporting documents of being registered firm/incorporation


certificate
**Kindly provide details if the company has been blacklisted in the past with the
relevant supporting documents.

29
Form 4C: Format for Pre-Qualification Proposal (Cumulative Annual Turnover
of Applicant) for Consultancy Service

S.No. Financial Year Revenue from Consulting Organization’s Net


Services (INR) Worth
1 2017-18
2 2018-19
3 2019-20
4 2020-21
5 2021-22

Certificate from the Statutory Auditor

This is to certify that [name of company] [registered address] has received the
payments from Consultancy services shown above against the respective years.

Name of
Authorized
Signatory
Designation
Name of firm
Signature of Authorized Signatory Seal of Audit firm

Note: In case the Applicant does not have a statutory auditor, it may
provide the certificate from any other Chartered Accountant.

30
Form 4D: Capability of the bidder Required document: Certificate from
appropriate authorized signatory along with the total work experience and
number of years of service with the bidder’s company

(On Company’s letterhead)

I have carefully gone through the Terms & Conditions contained in the Document for
(Name of Assignment). I hereby declare that my company (name to be specified by
bidder) has (number to be defined by bidder) technically qualified full- time
Consultants working in Consultancy in India on its payroll as on the bid start date.

Yours faithfully,

(Signature, name, and designation of the authorized signatory)

(Name and seal of Bidder)

31
Form 4E: Format for highlighting relevant experience

Please give details of minimum Five (5) projects (including ongoing projects of
minimum duration of two (2) years) of similar nature executed within the last five (5)
years on a separate sheet.*

Assignment Name: Approx. value of the contract


Country: Duration of assignment (months)
Location within the Country
Name of client Total number of staff-months
Address of Client Completion Date (Month/Year)
Name of Project Manager involved, and functions performed:

Names of professionals and qualification details:

Description of Actual Services Provided by Your Staff:

*Kindly provide supporting documents such as contract/Work Order copy /completion


certificate etc. The Similar experience of PMU in Skill/Education/TVET/Rural
Development/ Health/ social sector shall be considered. The EC shall evaluate the
similar work experience of the bidders.

*Please note that the experience will not be counted if the relevant supporting
document is not attached.

*Please provide experience of the registered firm/company/partnership who is


applying (do not share experience of sister companies/subsidiaries).

* Bidders has to furnish details of projects executed in India only.

* Please attach a clear scan copy of the supporting documents.

32
SECTION 4: TECHNICAL PROPOSAL FORMS

FORM TECH-1
LETTER OF PROPOSAL SUBMISSION

Location:
Date:
To
Deputy Director,
PMKVY Division, Ministry of Skill Development and Entrepreneurship,
312, 3rd Floor, Kaushal Bhawan, New Moti Bagh,
New Delhi-23.

Dear

We the undersigned, offer to provide the Consultancy assignment for setting up a


Project Monitoring Unit (PMU) for Scheme ‘Skill India Programme’ of the Ministry of
Skill Development and Entrepreneurship, Govt. of India, in accordance with your
Request for Proposal dated (Insert Date). We are hereby submitting our Technical
Proposal for selection as (Name of assignment). The Proposal is unconditional and
unqualified.
2. We hereby declare that all the information and statements made in this
Proposal are true and accept that any misinterpretation contained in it may lead to
our disqualification.
3. The Financial Proposal is being submitted separately on GeM Portal. This
Technical Proposal read with the Financial Proposal shall be binding on us.
4. We understand that the Ministry is not bound to accept any proposal received
without due diligence.

Yours sincerely,
Authorized signature (in full and details): Name and Title of Signatory:
Name of agency

33
FORM TECH-2

DESCRIPTION OF METHODOLOGY, WORK PLAN, ORGANIZATION FOR


PERFORMING THE PRESENT ASSIGNMENT

The Consultant must present his/her Technical Proposal divided into the following
four components:

a) Information regarding the applicant/bidder’s organization.

b) Experience of Bidder as per Criteria & Sub Criteria stated under Section 4A.

c) Availability experts (please provide an overview on senior leadership


experience and commitment, highlighting expertise) with CV.

d) Approach, methodology, work plan for performing the assignment (10 Pages
max.)

34
FORM TECH-3

TEAM COMPOSITION AND TASK ASSIGNMENT/JOBS


Abridg
Ratio
ed
nale
S.No. Nam Position Req Qualific Area Inform
Compon for
e of uire ation of ation
ent suita
Staff d Exper on
bility
No. tise work
in
experi
refer
ence
ence
(in less
ToR
than
200
words)
Key Experts
Overall
1. Head-Common 1
Scheme
PMU
Team Lead-
2. 1
PMKVY
Skill
3. 3
PMKVY Development
4.0 policy expert
4. Data and MIS 2
expert
5. Finance Expert 1
Monitoring and
6. 2
Evaluation Expert
Team Lead- PM
7. 1
PM- NAPS
NAPS Policy initiatives
8. 1
and coordination
Portal
9. 1
Manage
ment
Expert
10 Team Lead- JSS 1
JSS
12 Programe 1
. Officer
Media and Publicity Expert 1
13.

Non-Key Expert
Special
initiatives,
1. Process design 1
and capacity

35
building expert
PMKVY
4.0

2. International 2
Policy expert
Skill Gap, need
3. analysis, 1
standards, and
QA expert
4. Entrepreneurship 1
Expert
5. Capacity Building 1
PM- & Awareness
NAPS expert
6. Monitoring and 2
Evaluation
7. JSS Project 4
Consultant
8. Project Assistant 3
Total 31

36
FORM TECH-4

CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF

1. Proposed Position:
[For each position of key personnel, separate form Tech-4 will be prepared]

2. Name of Institution/agency:
(Insert name of consultancy proposing the staff):

3. Name of Staff:
(Insert full name):

4. Date of Birth:

5. Nationality:

6. Education:

7. Membership of Professional Associations:

8. Other Training (In detail):

9. Employment Record:

[Starting with present position, list in reverse order every employment held by staff member since
first employment, giving for each employment (see format here below): dates of employment,
name of employing organization, positions held.]:

From [Year]: To [Year]:


Employer:
Name of Assignment/ job or Project/Programme:
Location:
Main Project/Programme features:
Positions held:
Activities performed:

10. Undertaking:

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes
me, my qualifications, and my experience. I understand that any willful misstatement described
herein may lead to my disqualification or dismissal, if engaged.

Date:
Place:

[Signature of Consultant proposed in the CV]

37
FORM TECH 5

INFORMATION REGARDING ANY CONFLICTING ACTIVITIESAND DECLARATION

We hereby declare that our firm, our associate / group firm have not indulged in any such
activities which can be termed as the conflicting activities. We also acknowledge that in case of
misrepresentation of the information; our proposals/contract shall be rejected/ terminated by the
Employer which shall be binding onus.

Authorized Signature [In full and initials]:

Name and Title of Signatory:


Name of Firm:
Address:

38
SECTION 5: FINANCIAL PROPOSAL FORMS

LETTER OF PROPOSAL SUBMISSION

Location
:
Date:

To

Deputy Director, PMKVY Division,


312, 3rd Floor,
Ministry of Skill Development and Entrepreneurship,
New Moti Bagh,
New Delhi- 23

Dear
We, the undersigned, offer to provide the Consultancy assignment for setting up a
Project Monitoring Unit (PMU) for Scheme ‘Skill India Programme’ of the Ministry of Skill
Development and Entrepreneurship, Govt. of India, in accordance with your Request for
Proposal dated (Insert Date). We attached Financial Proposal is for the sum of [amount(s) in
words and figures] including all taxes (except GST).

2. Our Financial Proposal shall be binding upon us subject to the modifications resulting
from arithmetic correction, if any, up to expiration of the validity period of the Proposal, i.e.
[data].

3. We undertake that, in competing for (and, if the award is made to us, in executing) the
above assignment, we will strictly observe the laws against fraud and corruption in force in
India namely- Prevention of Corruption Act 1988.

4. We understand you are not bound to accept any Proposal you receive.

Yours sincerely,
Authorized signature (in full and
details): Name and Title of Signatory:
Name of agency

39
Form: Summary of Costs: Man-month requirement of 2 years

S. Man-month rates * (in


Component Position Title No.
No. Rupees)
1 Overall Head- Common PMU 1
Project
2 Team Lead-PMKVY 1
3 PMKVY 4.0 Skill development Policy Expert 3
4 Data and MIS Expert 2
5 Finance Expert 1
6 Monitoring and Evaluation Expert 2
7 Team Lead- NAPS 1
PM-NAPS
8 Policy initiatives and coordination 1
9 Portal Management Expert 1
10 Team Lead- JSS 1
JSS
11 Programme Officer 1
12 Media and Publicity Expert 1

13 Special initiatives, process design


and capacity building expert 1
14 International Policy Expert
PMVY 4.0 2
15 Skill Gap, need analysis,
standards, and QA Expert 1
16 Entrepreneurship Expert 1
17 Capacity Building & Awareness
PM-NAPS Expert 1
18 Monitoring and Evaluation Expert
2
19 Project Consultant 4
20 JSS Project Assistant 3
Total 31

*cost involved is excluding GST.

Authorized Signature:
Name:
Designation:
Address:

40
Section4A: Technical Evaluation Criteria

Stage –1: Technical Proposal Evaluation Criteria

The Evaluation Committee appointed by the Ministry will carry out the evaluation of
Proposals based on the evaluation criteria and points system mentioned below. All the
bidders who are declared eligible as per Preliminary Eligibility Conditions shall be subject to
detailed technical evaluation based on the following parameters as detailed below: -

Marking Scheme for technical proposal

The marking scheme for the technical proposal is as follows:

S.No. Technical Evaluation Criteria Max. Marks


1 Specific Experience of the Consultant (as a firm) relevant 30
to the Assignment
1.1 Experience in providing services of providing resource 12
personnel or setting up PMU/PMC in Central/State govt.
sponsored Project/Programmes.
More than 12 projects: 12 points
10 to 12 projects: 8 points
7 to 9 projects: 6 points
3 to 6 projects : 4 points

1.2 Successfully carried out similar assignments for skill 8


development schemes during the last 10 years, with PMU’s
having been existence for at least for 2 years.1 point for
each project subject to a maximum of 8 points.
1.3 The average annual turnover of the agency in last 5 financial 10
years i.e. (FY 2017-18, FY 2018-19, FY 2019-20. FY 2020-
21 and FY 2021-22 from Government consulting.
S.No. Average annual turnover Proposed
of the agency in last 5 Marks
financial years from
Government consulting
(in Rs. Crore)
1 50-100 2 Marks
2 >100-150 4 Marks
3 >150-200 6 Marks
4 >200-300 8 Marks
5 More than 300 10 Marks
2. Adequacy and quality of the proposed methodology, and 30
Work plan in responding to the Terms of Reference (TORs).
The Ministry will assess the proposal submitted, in terms of
quality and clarity of methodology, suitability to the TORs,
realistic and implementable work-plan; quality, experience
41
and balance of the team proposed with appropriate skill mix.
The Ministry may request the bidders shall for a
presentation on the technical proposal
2.1 Technical Approach and Methodology 10
2.2 Work Plan 5
2.3 Organization and Staffing 5
2.4 Technical Presentation 10
3 Key Personnel Qualitative assessment. 30

Bidders need to submit the CVs of 14 Key Experts for


Technical Evaluation. Key personnel profile will be
evaluated based on education qualification (30%) and
Experience (70%)
3.1 Head-Common PMU (1) for overall Project 06
3.2 Team Lead for PMKVY (1), PM-NAPS (1), and JSS (1) 06(2+2+2)
3.3 Skill Development Policy Expert (3) for PMKVY 4.0 4.5(1.5+1.5+1.5)
3.4 Data and MIS Expert- (2) PMKVY 4.0 3(1.5+1.5)
3.5 Finance Expert (1)- PMKVY 4.0 1.5
3.6 Monitoring and Evaluation Expert (2) – PMKVY 4.0 3(1.5+1.5)
3.7 Portal Management Expert (1) – NAPS 1.5
3.8 Policy initiatives and coordination Expert (1) – NAPS 1.5
3.9 Programme Officer (1) – JSS 1.5
3.10 Media and Publicity Expert- (1) 1.5
4. Two (2) detailed case studies where the Consulting Agency 10
Bidder has directly provided consulting services to
Ministries/Department / State Government/ PSU in projects
covering one or more of the following areas: strategy and
vision/ policy formulation and implementation/ business
model/ The Consulting Agency should submit a maximum
2000-word write-up for each case study highlighting the
context and complexity of the project, key design challenges
faced, stakeholders managed, and key deliverables and
result achieved. The write-up may also include the following
points, if available:
o Significant Outcome/Achievement of the projects.
o Any International/national Award/recognition received
by the project.
o Social Impact of that project
o Any special mention of that project in Govt Publication
(Budget, Economic Survey etc.)
o Is that project implemented in NE States/ Special
Areas/
Marking criteria:
 5 marks per case study; each project to be graded on
the basis of its relevance to the scope outlined in this
RFP

42
 Maximum 10 marks

Note:
 Project showcased in Minimum Qualification criteria
can be repeated.
 Start date must be inside last 5 years from the issue
date of this RFP.
 Only completed projects.
 Each project must be greater than Rs. 2 crores in fees
payable to the Consulting Agency Bidder at the time of
award of contract.

Note: 1. In QCBS selection method, minimum qualifying marks would be 70% as benchmark for
quality of the technical proposal. The consultant/ service providers who are qualifying as per the
technical evaluation criteria are considered as technically responsive and rest would be
considered technically non- responsive and would be dropped from the list. Financial proposals
will be opened for only eligible and responsive bidders.

2. The invited Consultants shall confirm the availability of all the Key Experts included in the
Proposal as a pre-requisite to the bid. Failure to confirm the Key Experts’ availability may result in
the rejection of the Consultant’s Proposal

Notwithstanding the above, the substitution of Key Experts at the negotiations may be considered
if due solely to circumstances outside the reasonable control of and not foreseeable by the
Consultant, including but not limited to death or medical incapacity. In such case, the Consultant
shall offer a substitute Key Expert within the period of time specified in the letter of invitation to
negotiate the Contract, who shall have equivalent or better qualifications and experience than the
original candidate.

Substitution of Key Expert at Validity Extension: If any of the Key Experts become unavailable
for the extended validity period, the Consultant shall seek to substitute another Key Expert. The
Consultant shall provide a written adequate justification and evidence satisfactory to the Client
together with the substitution request. In such case, a substitute Key Expert shall have equal or
better qualifications and experience than those of the originally proposed Key Expert. The
technical evaluation score, however, will remain to be based on the evaluation of the CV of the
original Key Expert.

If the Consultant fails to provide a substitute Key Expert with equal or better qualifications, or if
the provided reasons for the replacement or justification are unacceptable to the Client, such
Proposal will be rejected.

43
SECTION-6 TERMS OF REFERENCE (TOR)

Central Sector Scheme of ‘Skill India Programme’ having following three components is being
implemented by Ministry of Skill Development & Entrepreneurship for the duration of 4 years i.e.,
FY 2022- 23 to 2025-26.

1. Pradhan Mantri Kaushal Vikas Yojana 4.0 (PMKVY4.0)

Under the Pradhan Mantri Kaushal Vikas Yojana (PMKVY), short term skill development training
is imparted to the youth through Short Term Training (STT), Recognition of Prior Learning (RPL)
and Special Projects across the country. PMKVY provides NSQF aligned short- term modular skill
courses (usually 200- 600 hrs.) and Recognition of Prior Learning (RPL) aimed at creating an
industry ready workforce.

Pradhan Mantri Kaushal Vikas Yojana 1.0 (PMKVY 1.0) was launched in 2015 to encourage and
promote skill development in the country by providing free short duration skill training and
incentivizing this by providing monetary rewards to youth for skill certification.

After successful implementation of PMKVY 1.0 (2015-16) and learnings from the past, PMKVY
2.0 was launched by scaling up both in terms of Sector and Geography and by greater alignment
with other missions of Government of India like Make in India, Digital India, Swachh Bharat etc.
State Governments were also involved to impart short duration skill training.

PMKVY 2.0 paved way for PMKVY 3.0 which was launched on 15th January 2021 with an aim to
focus on decentralization by devolving power to States as well as Districts and target demand-
based skilling.

Under PMKVY 3.0, Skill Hubs Initiative (SHI) is being implemented as a Special Project on pilot
basis to actualize the intent of National Education Policy 2020 aiming for integration of vocational
education with general education in a phased manner.

Evaluation report of PMKVY 2.0 (Conducted by Sambodhi Research & Communications) reveals
that average monthly income level of PMKVY trained and certified individuals were found to be 15
percent higher than that of similar comparison individuals. It also found that PMKVY trained and
certified individuals are 1.8 times more likely to get employed when compared to individuals who
have not participated in PMKVY.

Based on the learnings of previous versions of the scheme (since 2015) and in line with the new
approach of promoting employability and micro-entrepreneurship, PMKVY 4.0isdesigned to be a
market-led-demand-driven scheme. The scheme PMKVY 4.0 aims to create a pool of around 1.5
Crore certified candidates with higher employability skills.

PMKVY 4.0 has been implemented with a strong emphasis on making the programme candidate-
centric by creating an enabling ecosystem to meet the aspirations and emerging sectoral needs.

44
a. Promote an enabling ecosystem for the youth to get skilled and choose a career path
aligned with their abilities and aspirations.
b. Enable the delivery of skill training in a market-oriented and demand-driven manner by
making the existing skilling ecosystem more flexible, swift and geared to meet the emerging
demand.
c. Process overhauling of the skill ecosystem by leveraging technology, innovative financing,
and digitalization.

Basic Tenets of PMKVY 4.0

Training Ecosystem Training Providers Candidates


 Simplified training ecosystem  Multiple training  Online
 National pool of trainers and providers -Skill Hubs registration
assessors (schools, colleges,  Online
 On-Job-Training in short-term training universities, etc.), Counselling
 Greater industry connects (curriculum training centres of other  Choice to
design, sharing of training Ministries/Department choose course
infrastructure, financial support, etc.) (Tool Rooms, Army skill and training
 Emphasis on Reskilling and Upskilling centre, etc.), PMKKs, centre
in RPL training centres of  Basic information
 Digitization of the training ecosystem industry partners and (course outline,
through an integrated online system private training trainer
 Flexibility in the course curriculum providers. details, raw
 Focus on Online/ Digital/ Blended  AICTE-affiliated materials, etc.)
skilling, multi-skilling courses etc. institutions. before the start of
 Focus on New Age Skills -Industry  NHA affiliated hospitals training
4.0, Web 3.0, AI/ML, AR/VR, Climate  NSDC/SSC recognized
Change/Circular Economy/Green CoEs
Economy/Energy Transition.  Industry premises
 Emphasis on the traditional and  Accreditation by
informal sector respective Awarding Body
 Focus on agriculture – automation,  Option to graduate into
digitization, market linkages etc. production & revenue
 Focus on entrepreneurship and centre
livelihood.  Choice for selecting
 Robust online & offline monitoring trainers from national pool
systems.

45
Implementation Framework:

I. Policy Framework: MSDE will provide the overall policy framework for implementing
PMKVY, including support and guidance to various stakeholders.
II. Regulatory framework: National Council of Vocational Education & Training (NCVET) will
provide a unified regulatory framework, including recognizing Awarding Bodies (ABs)
and Assessment Agencies (AAs) for National Skills Qualification Framework (NSQF)
aligned courses.
III. Knowledge Partner and Implementing Agencies: National Skill Development
Corporation (NSDC) will support MSDE in effectively implementing the scheme by
providing technical and knowledge support in various aspects of the scheme as
mandated by MSDE. NSDC will implement the scheme. Further, the Directorate General
of Training (DGT), Government Institutions, Higher Education Institutions (HEIs) and
other Organizations will be explored during the implementation phase of the scheme.
IV. Training of Trainers and Assessors: Sector Skill Councils (SSCs), National Skill Training
Institutes (NSTIs), Centres of Excellence (CoEs), Skill Universities, Higher Education
Institutes (HEIs), Institutions like Tool Room, Technology Centres, Skill Development
Institutes (SDIs) and other premier Institutes as decided by the PMKVY Steering
Committee shall be entrusted with Training of Trainers and Assessors.
V. Training Providers: Pradhan Mantri Kaushal Kendras (PMKKs), PMKVY Training
Centres, Industrial Training Institutes (ITIs), Schools, Higher Education Institutes (HEIs),
training centres of other Ministries/Department (Tool Rooms, Army skill centres, etc.),
training centres of industry partners and private training providers, etc. will be
responsible for the training of candidates as envisaged under the scheme.
VI. Local Demand & Skill Planning: Flagship Programmes of Government (PLI, ODOP,
Digital India, PM Gati-Shakti, National Infrastructure Pipeline, Semiconductor
Manufacturing, Vocal for Local, Atmanirbhar Bharat etc.), New Age Skills (Industry 4.0,
Web 3.0, Drone (manufacturing, operation, maintenance and services), 5G Telecom
etc.), District Skill Development Plan (DSDPs) including Skill surveys
prepared/conducted by District Skill Committees (DSCs), Skill Gap Studies conducted
by Sector Skill Councils (SSCs) will form the baseline for identification of job roles for
providing training under the scheme.
VII. Use of Digital Platform: Skill India Digital to track the life cycle of the training process of
candidates (enrolment-training-assessment-certification-post certification tracking) and
to monitor on a real-time basis linked with Aadhaar-enabled biometric attendance.
VIII. Alignment with Industry-needs: Industry Partners shall be encouraged to support
curriculum design, training infrastructure sharing, and financial contribution in project-
based skilling. The expertise of the industry shall be required in identifying skill gaps,
proposing new job roles, providing innovative financing support and promoting
entrepreneurial spirit among the trained candidates of PMKVY. This shall be facilitated
by the SSCs and Industry Associations.

PMKVY 4.0 also builds on the several new initiatives being undertaken by MSDE to
improve the skilling ecosystem as highlighted below:

Expanding Training Centres, Awarding Body, Trainers and Assessor

46
a. Skill Hub Initiative launched in line with approach of ‘integrated skilling’ as
envisioned under National Education Policy (NEP) 2020 in several Institutions across
Ministries/Departments including Schools, HEIs, Engineering Colleges, Polytechnics, NIELIT
Centres, PMKKs, ITIs etc.
b. More than 500 ITIs have been affiliated for short term course sunder PMKVY.
c. Universe of Awarding /Assessing Bodies is being expanded beyond the Sector Skill
Councils to ease the process of assessment and certification.

Identifying Skill Gaps

a. Sector Skill Councils are undertaking Skill Gap Studies.


b. District Skill Councils being leveraged for preparing District Skill Development
Plans.

Introducing Courses to meet Market Demand

a. Customized Crash Course Programme for Covid Warrior launched to meet the
paucity of skilled health workers across the country in view of Covid 19 pandemic in six (06)
customized job roles: Basic Care Support, Home Care Support, Advanced Care Support,
Sample Collection Support, Emergency Care Support and Medical Equipment Support.

b. 145 new age courses introduced. (23 new short-term courses introduced in
Karnataka among the ITIs).

Revamping of Course Curriculum

a. Employability Module being introduced in all courses in multiple of 30 hrs.


b. Guidelines for Blended Learning & Assessment brought out by NCVET to promote
blended learning. E.g., use of AR/VR in training.
c. Modification/Flexibility of up to 20% allowed in course curriculum.
d. Efforts being taken to ensure that course material are available in atleast in regional
language apart from English.

Strengthening Institutional Framework

a. Mahatma Gandhi National Fellows (MGNF) deployed in districts to assist District


Administration in skill planning and implementation.
b. State Skill Development Empowered Committee constituted in States chaired by
Principal Secretary (Skills) of States with RDSDE as convener to empower States for scaling
up of skill development activities.

Convergence

Effort being taken for convergence of efforts through Cabinet Secretariat in following
areas:

i. On-boarding of Skill programmes on Skill India Portal, data convergence.


47
ii. Use of Skill India Logo along with respective logo of other Ministries on QR based
certificates.
iii. Adhering to Common Norms and NSQF for standardization of course curriculum.
iv. On-boarding of recognized organizations /autonomous bodies of respective Ministries as
an Awarding and Assessment Body.
v. Cross utilization of available resources including infrastructure.
vi. Sharing of knowledge products regarding skill gaps, job projections etc. to aid in overall
planning.

As PMKVY 4.0 is being designed as a market led demand driven scheme. The basic premise of
the scheme is to tap the market requirement in emerging sectors and accordingly cater to the
requirement through short term training and through special projects wherever required.

With the growing demand for skilled human resource in various traditional and emerging sectors,
it is imperative that the scheme of PMKVY 4.0 is continued to create a trained pool of highly
employable candidates who can contribute to different sectors.

2. Pradhan Mantri National Apprenticeship Promotion Scheme:

Background

The Ministry of Skill Development and Entrepreneurship (MSDE) launched the National
Apprenticeship Promotion Scheme (NAPS) on 19th August 2016 to provide financial incentive to
the establishments undertaking apprenticeship programmes under the Apprentices Act, 1961.
The new version of National Apprenticeship Promotion Scheme (NAPS) aims to promote
apprenticeship training in the country by providing partial stipend support to the apprentices,
undertake capacity building of the apprenticeship ecosystem and provide advocacy assistance to
support rapid growth.

MSDE aims to train 46 lakh apprentices from FY2022-23 to FY2025-26. The scheme envisages
greater promotion of apprenticeship in India and assisting stakeholders through various measures
for accelerating the performance of apprenticeship. Further, the objectives of the proposed new
version of NAPS are as under:

• To develop skilled manpower for the industry by promotion of on-the-job experiential


training.
• To encourage establishments to enrol apprentices by sharing partial stipend support to the
apprentices.
• To provide up-skilling opportunities for candidate who have undergone short-term skill
training.
• To encourage enrolment of apprentices in small establishments (MSMEs), and those
located in underserved areas like in aspirational districts and in North-East region.

48
Features of the scheme

PM-NAPS seek to encourage apprenticeship training by the industry for skilling of youth of our
Country. The new scheme would build upon the efforts of Government of India in bringing ease of
doing business for industry by simplifying processes to engage and manage apprentices and
further accelerate the momentum created by NAPS. Following table depicts the key features of
PM-NAPS.

Table 1: Features of new version of NAPS

Duration of  The scheme covers apprenticeship training of duration from


apprenticeship six to twelve months.
 In certain cases, the duration can exceed more than one year,
subject to approval from MSDE, de-linking NSQF compliance.

Eligibility  For partial support of stipend by the government under the


scheme, the upper age limit will be 35 years at the time of
registration in the portal.
 Establishments will have the option to engage apprentices of age
above 35 years beyond the purview of PM-NAPS
Basic Training  Component of Basic Training will be embedded in the total
course duration of apprenticeship training.
 No reimbursement of Basic Training Payment under PM-NAPS.

Funding  Sharing of stipend support to the apprentices will be 25% of


Support stipend paid (maximum of Rs. 1,500 per month) per apprentice
during the training period.
 The Government’s share of stipend will be paid through Direct
Benefit Transfer (DBT) to the apprentices.
 Stipend support would not be continued to Central and State
Government Departments and Public Sector Undertakings
(including public sector banks).

The scheme will be implemented through National Skill Development Corporation (NSDC) in
close partnership with the Central and State Governments.

In this regard, MSDE would like to engage a consulting firm with multi-disciplinary experience and
the ability to provide high quality output with focus on apprenticeship. The firm may be required to
provide on-site and full-time support as required for the program. It may be noted that national,
state level and district level support is required by the consulting firm. The firm must have the
flexibility and ability to work at those levels as specified by the scope of work and as determined
by MSDE. The Consultants shall be required to work with various stakeholders and at different
locations with the country.

49
Source of the Information/Data and Frequency of information/Data

The source of information for apprenticeship training data will be the apprenticeship portal
(www.apprenticeshipindia.gov.in). The apprenticeship portal is single point portal to capture all
essential credentials of the candidates and establishments. The apprenticeship portal captures
data by age, gender, caste, State/ UT, district, sector, course (job role), training duration amongst
others. Dashboard and reports for real time data availability for all stakeholders is being
developed.

The portal generates daily report. The data generated on daily, weekly, monthly basis will be
required to assess and analysed using various qualitative tools to draw policy level insights.

Higher allocation and quantitative targets have been assigned under NAPS basis the trends
observed over the last year, stepped up awareness and outreach activities and benefits emerging
from bringing in efficiency in the management of Apprenticeship. Some key interventions
undertaken and planned are the following:

a. The amendments effected in 2014 in the Apprentices Act, 1961 and in 2019 in the
Apprenticeship Rules, 1992, by reducing the compliance burden have encouraged the
establishments to enroll apprentices (Figure1).

Figure1: Establishments registered on the apprenticeship portal


1,47,656
1,28,231

74,598
60,590
40,018
17,608

FY2016-17FY2017-18FY2018-19FY2019-20FY2020-21FY2021-22
Source: apprenticeshipindia.gov.in

b. Introduction of Optional Trades has widened the scope of apprenticeship and encouraged
higher off take in the services sector, which was not tapped earlier. The growth of apprentices in
the Optional Trades has been significantly higher and now Optional Trade Apprentices outnumber
those under Designated Trades.(Figure2)

50
Figure2: New apprentices enrolled under Designated Trades (DT) and Optional Tres
FY2020-22

3,43,614

534439

(OT) source:

51
c. New Apprenticeship engaged has witnessed an appreciable growth post
pandemic and the trend is expected to continue and accelerate further.(Fig 3).
Figure3: New Apprentices engaged under NAPS over the years

5,80,137

2,97,916

1,68,855 1,97,140
1,14,623 1,20,043

FY2016-17FY2017-18FY2018-19FY2019-20FY2020-21FY2021-22
Source: apprenticeshipindia.gov.in

d. As part of the efforts to bring about efficiency in management of


Apprenticeship, a number of reforms have been undertaken to address the
bottlenecks affecting the actual implementation of NAPS including removal of
physical claim submission for stipend and allowing online process through the
apprenticeship portal to reduce procedural delay in payment of stipend; enterprises
with pan-India operations would be able to, instead of multiple states, engage with a
single state-level apprenticeship/skill entity; and rationalization of curriculum,
redundant courses have been removed and duration of apprenticeship training is
made more uniform across Optional Trades and Designated Trades. These
measures are expected to enhance the value proposition of apprenticeship for
establishments.

e. MSDE has undertaken various awareness and advocacy interventions


(events, workshops, Apprenticeship Pakhwara etc.) to promote apprenticeship. The
awareness and advocacy efforts to enhance apprentices’ engagement have now
been institutionalized in the form of calendarized events. PM National Apprenticeship
Mela (PMNAM) and workshops would be organized every 2nd Monday of the month
in 1/3rd districts of all States/ UTs. Two such Melas have been conducted in the first
quarter of the current fiscal leading to increase of around 50,000 fresh
apprenticeship contracts.

f. To bring convergence among various ministries managing apprenticeship


schemes, namely, Ministry of Education and MSDE, various efforts have been taken
to work towards the common objectives, remove duplication and portal level
integration of the schemes –National Apprenticeship Training Scheme (NATS) and
NAPS. Further, certified candidates coming out from various skill development
programmes such as Deen Dayal Upadhyaya Grameen Kaushalya Yojana
(DDUGKY), National Urban Livelihoods Mission (NULM), Pradhan Mantri Kaushal
Vikas Yojana (PMKVY) will be encouraged and advocated to take up apprenticeship

52
training under NAPS to enhance their hands on skills and improve chances of
employability.

g. Apprenticeship engagement will be linked to flagship government


infrastructure programs like GatiShakti etc. to scale up and achieve the aspirational
goal.

h. Innovative models in informal apprenticeship to be explored to scale up


apprenticeship training in partnership with other Ministries/States.

i. Further, with an aim to tap apprenticeship opportunities in the informal


sectors, artisans and traditional skills pilot projects will be undertaken. The pilot
project will focus on engaging apprentices under the master trainers/craftsmen/artists
who will not only scale up apprenticeship training in these segments but also help in
populating skills which have traditional value.

j. MSDE intends to harness the existing ecosystem of Central and State


Governments for requisite growth in Apprenticeship. In case of Designated Trades,
the proposed number of apprentices will be enrolled under the aegis of DGT through
network of RDSDEs, State Apprenticeship Advisers, and Industrial Training Institutes,
etc. Local industry chambers or regional industry associations would be appointed as
Apprenticeship Advisors or as Third- Party Aggregators (TPAs) to encourage
apprenticeship in Micro, Small and Medium Enterprises (MSMEs) clusters.

k. A lighter version of compliance will be introduced shortly for establishments


which opt not to take government funding support.

l. Under its SANKALP project, MSDE is partnering with Central Ministries/


Departments to engage 1,000 apprentices (around 20 apprentices per Ministry/
Department) with flexibility for any additional expenditure on account of increase in
the stipend money. The first-year stipend for these apprentices will be funded by
MSDE under SANKALP. Subsequently, the Ministries are expected to continue such
positions utilizing their own funds.

m. With the implementation of NAPS, it has been noted that not all
establishments seek partial reimbursement of stipend by the Government. Going by
past trends, 30% of target apprentices, i.e., 18 lakhs are considered under NAPS
funded category. This ratio may change when DBT of stipend share to the
beneficiaries (apprentices) is fully implemented. A call will be taken to augment or
reduce the fund allocation as impact of trends from DBT transfer mechanism are
observed during the midterm evaluation of the scheme.

3. Scheme of Support to Jan Shikshan Sansthans (NGOs) for Skill


Development

• The Scheme of support to Jan Shikshan Sansthans (NGOs) for Skill


Development is a time-tested scheme since 1967. This scheme provides doorstep
skill training in rural areas and urban slums with the help of local community support
which is the unique feature of this scheme.

53
Objective

The objective of the scheme is to increase household income by promoting sell/wage


employment through skill development training. The skill training is low-cost, flexible,
and highly accessible to women, Scheduled Caste (SC), Scheduled Tribe (ST),
Other Backward Classes (OBCs), minorities, and any other disadvantaged groups of
society.

The JSSs also conduct activities to create awareness in the community on important
issues such as social, economic, health, financial literacy, and environment, etc.

Target Beneficiary

The target beneficiaries of the scheme are non-literate, neo-literate and the person
having a rudimentary level of education (70%), school dropouts up to class 12 (20%),
and graduates (10%) in the age group of 15-45 years. Age relaxation is given to
Divyang and other deserving cases, especially women.

The priority groups are women, SC, ST, OBCs and minorities in the rural areas and
urban low-income areas.

Key Stakeholders

The scheme is implemented through JSSs which are functioning under the aegis of
respective parent bodies. The parent body should register the JSS as a separate
NGO under the Societies Registration Act, 1860. These JSSs receive financial
assistance in the form of Grants-in- Aid (GIA) from the Government of India for
imparting skill training to the assigned target. The key stakeholders of the scheme
are the target beneficiaries, Parent Body, ISS, Board of Management (BOM), local
industries/other employers, members of Panchayati Raj Institutions (PRIS), key local
community members and state/district-level representatives, etc.

Monitoring of the JSS Scheme

The Ministry through its offices such as the DJSS and RDSDES will monitor the
implementation of the Scheme by the JSSs. The services of the District Skill
Committees may also be utilized in monitoring the implementation of the scheme at
the district level. The RDSDEs and the DSCs will provide inputs to the DJSS for
taking remedial measures for effective improvement of JSS.

The DJSS through its periodic review meetings, online portal and field visits would
monitor the implementation of the scheme.

The data of the JSS scheme is maintained at the JSS portal and link is jss.gov.in,
where district wise data can be taken on daily basis and processed accordingly.
There is no overlapping with other skill development schemes such as PMKVY.
Participant’s profile and post training job / self-employment profile of JSS and
PMKVY are very different.

54
The evaluation study conducted by IIPA has found that the scheme has helped in
almost doubling the household income for those beneficiaries who have got
employment or are self- employed after the JSS training. IIPA study has also shown
79% of women representation, 50.5% of the rural share, 73.4% change in the
employment for enhanced livelihood, 89.1% change in the average income of
beneficiaries, and 85.7% mobilization of beneficiaries by the JSS. The focus of the
skilling in the scheme favours self- employment which is in tune with Aatmanirbhar
Bharat Abhiyan.
The study also indicates that the scheme of JSS is aligned with the objectives of the
2030 Agenda for Sustainable Development Goals (SDGs) which is given below:

i. SDG goal number 1.3: implement nationally appropriate social protection of


men, women, and children of all ages living in poverty in all its dimensions
according to national definitions.
ii. SDG goal number 4.3: By 2030, ensure equal access for all women and men
to affordable and quality technical, vocational, and tertiary education, including
university.

JSS Portal

The progress of JSS is monitored through a specially designed web portal. The
portal aims to bring transparency, and accountability, providing quality and timely
information to all the stakeholders of skill ecosystem. The portal is linked with the
NGO Darpan Portal and Skill India Portal of the MSDE. The Ministry aims at
information sharing through API integration with the portals of other Ministries and
Departments. The portal has several modules such as Action Plan, Submission &
Approval, Beneficiary Enrolment & Assessment, Assessment & Certification, API
Integration with NITI Aayog, Finance Module for grants management, online
acceptance of Expression of Interest for setting up of new JSSs, Reports,
Dashboards for monitoring and profile page of each JSS to name a few.

Proposed output: At present there are 287 functional JSSs covering 26 States and 7
UTs. The network of the JSSs is likely to be increased up to 554 by FY 2025-26. This
would help in enabling skill training of 28.19 lakh beneficiaries by 2025-26.

Introduction of other organizations of MSDE

National Skill Development Corporation (NSDC): National Skill Development


Corporation (NSDC) is a Public Private Partnership firm set up by the Ministry of
Finance, India in 2009 under Section 25 of the Companies Act 1956 (corresponding
to Section 8 of The Companies Act, 2013). NSDC works closely with the Ministry of
Skill Development & Entrepreneurship (MSDE), Government of India. NSDC
undertakes the following activities:

• Incubation and governance of Sector Skill Councils


• Nurture and financing of private training providers through social impact
funding
• Industry connect and participation
• Implementation support to government schemes
• Support through Standards, quality assurance and courseware

55
• Promotion of Digital Skills and skills for ‘Future of Work’
• Providing advisory services to states, government, private sector and
international partners
• International collaboration in skill ecosystem
• Market analytics
• Technology led enablers for robust monitoring, reporting and evaluation
systems

National Council for Vocational Education and Training (NCVET): The National
Council for Vocational Education and Training (NCVET) has been established
through Govt of India notification dated 5th December, 2018, as an overarching
regulatory body for regulating the functioning of entities engaged in vocational
education and training, both long & short-term, and establish minimum standards for
the functioning of such entities. The primary function of NCVET includes- recognition,
ensuring discipline, de-recognizing and regulation of Awarding Bodies (ABs),
Assessment Agencies (AAs) and Skill related Information Providers (SIPs). Amongst
others, NCVET is responsible for implementing the National Skills Qualification
Framework (NSQF), maintaining the National Qualification Register (NQR), approval
of the NSQF aligned Qualifications and National Occupational Standards (NOSs) in
each Qualifications. NCVET is also responsible for monitoring, evaluation and
supervision of recognized entities, and grievance redressal of the varied
stakeholders.

National Institute for Entrepreneurship and Small Business Development


(NIESBUD): NIESBUD is an organization under the administrative control of Ministry
of Skill Development and Entrepreneurship, engaged in Training, Consultancy,
Research and Publications in order to promote entrepreneurship. NIESBUD is
registered as a Society under the Societies Registration Act, 1860 (XXI of 1860) and
set-up by the then Ministry of Industry (now Ministry of Micro, Small and Medium
Enterprises), Government of India, started its operations from 6th July, 1983 .The
administrative affairs of the Institute was transferred to the Ministry of Skill
Development and Entrepreneurship (MSDE), Government of India in May, 2015.
NIESBUD’s activities include training, conducting research/evaluation studies,
developing course curricula/syllabi for Entrepreneurship Development Programmes,
and undertaking development programmes in clusters. The Institute has a Regional
Office at NSTI Campus, Dehradun, Uttarakhand.

The Indian Institute of Entrepreneurship (IIE): IIE is an Autonomous


Organization located at Lalmati, Basistha Chariali, National Highway-37, Bypass,
Guwahati and has an infrastructure of approx 77000 sqft. It is functioning as a
National Apex body for Entrepreneurship Development through Training, Research
and Consultancy Services with its Head quarter at Guwahati, Assam.

56
4. Proposed PMU Structure
4.1 The details of PMU structure, designation wise required qualification and experience and key roles of personnel are
specified below:
S.No. Component Position No. Desired Qualification & experience Responsibility

MBA/Master’s in Social  Overall, In-charge of PMU Team and


Sciences/Social Work/ Development responsible for coordination of work
Study /Rural Management or among all team members of PMKVY,
equivalent degree with minimum15 NAPS and JSS components.
years’ experience of working in  Coordinate with Ministry leadership
1. Overall Head- Common Project Management with Central/State and other stakeholders to achieve core
Project PMU Ministries, with at least 8 years’ result areas of the Skill India
experience in Project Management Programme.
(Key Expert) with Central/State Ministries in  Providing insights on various new
Technical and Vocational Education policies, policy level research, best
1 and Training or Skill Development/ practices, and other information in
Rural Development/ Health or related skilling ecosystem/ apprenticeship,
Social Sector. Masters/Post entrepreneurship.
Graduation/Executive MBA of one year  Responsible for initiating performance
duration is also eligible. and impact assessment studies of all
3 components of the scheme from
time to time.
 Designing and development of a
comprehensive framework (&
template) for monitoring physical &
financial progress.
 Inter-Ministerial Coordination,
notification, amendment, and
intimation to concerned stakeholders
on the convergence agenda of the

57
Ministry.
 Preparing articles and thought
leadership on skilling ecosystem in
India.
2. PMKVY Team Lead- 1 MBA/ Master’s in Social Sciences/  Team Lead of PMKVY Scheme and
PMKVY Social Work/ Development Studies/ responsible for coordination of work
Rural Management or equivalent with among all team members of PMKVY.
(Key Expert) over 10 years’ experience of working in  Providing insights on various new
Technical and Vocational Education policies, policy level research, best
and Training or Skill Development or practices, and other information for
Rural Development or Social Sector. PMKVY Scheme.
 Responsible for the successful
implementation of PMKVY Scheme.
Skill MBA/Post graduate degree in Social  Responsible for designing and
3. PMKVY Development 3 Science, Education, Commerce, or any formulation of PMKVY and other
Policy Expert other related field. Masters/Post skilling Scheme
Graduation/Executive MBA of one year  Preparation of the guidelines/Concept
(Key Expert) duration is also eligible. Notes/ EFC/SFC Notes of the Scheme
 Nodal person for policy related
More than 10 years of professional matters.
experience of working with central/state  Nodal person for matters related to
government with at least 5 years of NITI Aayog, and NITI Aayog
experience of working in large Coordination for Aspirational districts.
development projects or with Central/State  Common norms – responsible for
Government/ State Skill Mission or with preparing insights and notes on
Govt./State PSU/Central PSU on similar Common Norms for the PMKVY 4.0
nature of program. Scheme, preparation of PPTs, notes
and minutes of PMKVY 4.0 related of
Common Norms Committee.
4 Special Postgraduate degree in social sciences or  Nodal person for special initiatives
PMKVY Imitative 1 a relevant field. under PMKVY 4.0 — Designing and

58
Process design Must have experience of at least 7 years’ evaluation of special project proposals
and capacity including at least 4 years of strategic like projects on vulnerable communities,
building expert project design and development overseas employment, etc.
experience in central/state government  Responsible for creation of digital
and/or MFIs programs in skill development content and curriculum by NSDC in
and training sector; and with strong Hindi and Vernacular languages.
background in on-ground implementation  Monitor the creation of a central pool of
of large-scale projects with significant trainers and assessors and their
experience in designing and conducting continuous upskilling and reskilling.
training programs, market research,  Special training programs with Central
participatory training activities, focus group Ministries and other organizations like
discussions, researching, documenting Tihar Jail, etc.
and evaluating the impact of skill  Convergence with Central Ministries
development initiatives and States/IJTs for skilling.
 Support in introduction of courses
offered by IGNOU and NIOS (open
schooling) in skilling.
 Support in developing strategies for
promoting new age courses under STT
and RPL- under PMKVY.
Support in introducing blockchain
technology to generate tamper proof
certificates.
 Responsible for facilitating industry
connect.

5 Data and MIS M.Tech/B.Tech/B.E/MCA/Masters in Big  Data Analysis of PMKVY 4.0 on SID.
Expert Data Analysis with over 7 years of  Nodal person for PMKVY data
PMKVY 2 experience of managing large scale E- monitoring, data cleaning, synching of
governance MIS applications in the social data.
sector. Proficiency in using any Statistical  Responsible for data analysis and
(Key Expert) Analysis software. Experience of visualization for insights on trainers,

59
designing and operationalization of Skill trainees, and other beneficiaries from
Development MIS portals, data analytics, skilling from SID.
data visualization / dashboard  Collate Skilling data from various
maintenance. The resource must be stakeholders and prepare monthly
proficient with MS-Excel. progress report depicting the total
training and centre counts (PMKVY as
well as overall skilling).
 Prepare data inputs for parliament
questions.
 SPOC for any data related
requirements pertaining to PMKVY
division.
6 Finance CA/MBA (Finance/Operations) /  Financial Management of PMKVY 4.0
PMKVY Expert 1 Master’s in commerce / Accounting.
(Key Expert)
Experience of working with the  Nodal person for Budget matters
Central/State Government in pertaining to PMKVY 2.0, 3.0 and 4.0.
development projects with at least  All financial matters for both State and
8years of experience in Financial/Fund Central Components of the previous
management. scheme.

Experience in designing, building, and  Financial Matters related to SSCs &


implementing financial management NSDC.
systems & procedures including  Support in all NSDF related matters.
preparation of financial reports, and
financial statements, including working  Nodal person for compilation of UCs
with PFMS. and processing for fund release.
 Responsible for developing financial
Conversant with government modalities for the scheme.
accounting policies & procedures and
should be able to manage the banking
transactions and Government
Accounts. Proven ability to prepare

60
necessary financial reports including
budget preparation, maintaining books
of accounts, statement of expenditure
etc. i.e., ability to establish recognized
procedures to account for fund
utilisation.
7 International Policy Master’s degree in social  Management of international skilling
PMKVY Expert sciences/economics/international relations component of MSDE.
2 (IR) or related field.  Design and develop module and
strategy of international skilling.
A minimum of 5 years of professional  Develop a policy on country specific
experience in international cooperation or skilling requirement.
diplomacy.  Collaboration with international
agencies like ADB, UN (UNICEF,
Experience in an international organization UNDP, etc.), World Bank, ILO, etc.
will be an asset.  Collaboration with MEA and other
agencies for ethnic migration of skilled
A strong understanding of global trends
workforce.
and India’s standing in the world.
Technical knowledge of skills development,
labour or migration.
Excellent English language skills and
ability to independently draft concept
notes, reports, analyse documents etc.
Ability to communicate effectively with
diverse audiences.
Experience in G20 or other Multilateral
event.

61
Graduate or Master’s in  The Standards and Quality Assurance
Skill Gap, economics/management/engineering Specialist is required to have a
PMKVY need analysis, thorough understanding of QP-NOS
/Public policy /Social Sciences or related
8 standards, and QA and other standards in skilling
expert field.
ecosystem in the country.
Over 7 years of experience with minimum  Implementation of various training
1 of 5 years’ experience in working with models for training of trainers (TOT) and
central/ state government in the skill assessors.
development sector.  Support in all SSCs coordination and
other matters pertaining to SSCs.
Must have experience in working with and  National Academic Bank of Credits
in-depth understanding of Qualification — Support in strategizing the
Packs/ National Occupation Standards. integration of skill credits with the
NABC and overall implementation of
credit framework in skill ecosystem.
 Strategy formulation for inclusion of
disadvantaged groups.
 Coordinate among stakeholders to plan
skill gap studies at regular intervals.
 Develop tools with the IT team to
enable seamless glow of demand data
from districts to states to national level.
 Create strategy for aggregation of
district skill development plans,
state skill development plan and
national skill development plan.
9 Graduate or Master’s in  Conduct analysis and provide lessons
economics/management/engineering learned from piloting the
Entrepreneurship 1 /public policy or related field. entrepreneurship curriculum.
PMKVY Expert At least 3 years of demonstrated  Redesign and improve the
experience in supporting entrepreneurship curriculum based on

62
entrepreneurship or small business the analysis.
development programs, or related  Support institutionalization of
activities. entrepreneurship curriculum.
Experience in using knowledge of the  Prepare the concept for the
behavioral traits of entrepreneurs in introduction of business clubs in the
program and activity design is an asset. vocational education. Prior to work
Experience in working on projects commencement, the Consultant will
promoting youth entrepreneurship in a provide a detailed methodology and a
developing economy context is work plan.
preferable.  Creating an enabling ecosystem for
Demonstrated experience using creating micro entrepreneurs.
research results to inform project design  Facilitating and support in creation of
and implementation; demonstrated market linkages and access to credit.
experience of working on
multidisciplinary and multicultural
projects.
10 PMKVY Monitoring Graduate or Postgraduate degree in Social  In coordination with stakeholders,
and Science, Economics, Management, draft/prepare M&E plans and
Evaluation 2 Statistics, Labour Economics, Rural associated M&E templates for the
Expert Management, Information Technology, or skilling ecosystem under MSDE.
any other related field.  Provide technical support to regional
(Key Expert) More than 8 years of professional
M&E Unit and sector initiatives.
experience of designing monitoring frame
works and establishing management  Develop accurate, realistic, and
information systems in the Social Sector. measurable baselines, indicators and
Specific experience of developing M&E targets at the sector and State/UT
frameworks for large scale projects is a level.
must. Proficiency in using statistical  Develop M&E mechanisms at sector
analysis software, MS Excel and SQL will level, as well as relevant field-friendly
be an asset. Experience in using tools, modes and systems for MIS,
frameworks such as log frames etc. would data collection, and subsequent

63
be preferred analysis.
 Install sound monitoring and
evaluation systems.
 To ensure proper implementation of
sector interventions
 Guide the documentation
processes for the best practices and
lessons learnt based on programme
approaches pertinent to
implementation of sector
interventions.
 Assist in establishing baselines,
design of database of socio-
economic data for planning,
implementation a n d follow up of
sector development plans and
strategies
 Provide mentoring as needed to
colleagues (e.g.,on
baseline/indicator/target/results
concepts)
11 NAPS Team Lead- 1 MBA/ Master’s in Social Sciences/ Social  Team Lead of NAPS Scheme and
NAPS Work/ Development Studies/ Rural responsible for coordination of work
Management or equivalent with over 10 among all team members of NAPS.
(Key years’ experience of working in Technical  Providing insights on various new
Expert) and Vocational Education and Training or policies, policy level research, best
Skill Development or Rural Development
practices, and other information for
or Social Sector.
NAPS Scheme.
 Responsible for the successful
implementation of NAPS Scheme.

64
12 NAPS Portal M.Tech/B.Tech/B.E/MCA/Masters in Big  Support in end-to-end management of
Managemen Data Analysis with over 7 years of apprenticeship portal, resolving
t Expert experience of managing large scale E- technical glitch and maintaining
governance MIS applications in the social dashboards.
(Key Expert) 1 sector. Proficiency in using any Statistical  Analysing apprenticeship datasets and
Analysis software. Experience of designing drawing policy level inferences.
and operationalization of Skill
Development MIS portals, data analytics,
data visualization / dashboard
maintenance. The resource must be
proficient with MS-Excel.
13 NAPS Capacity Building &
Awareness Expert Master’s degree in mass communication/  Assist and coordinate in the
Rural development /economics/ social organization of meetings, workshops,
science or MBA or equivalent. conferences, training, and related
1
activities relevant to the
A minimum of 5 years of professional implementation of the project
experience relevant in skill development, (online/offline)
livelihood, apprenticeship, diversity and
inclusion backdrop. Excellent writing,  Designing of outreach/communication
verbal communication and presentation campaigns for various stakeholders.
skills. Excellent computer skills (MS Office
 Conducting event namely PMNAM,
applications) and ability to use information
250 Workshops or any other major
technologies as a tool and
initiative of MSDE
14 NAPS Policy initiatives Postgraduate in Business  Preparation of concept notes, briefing
and coordination Management/Development Studies/ Social papers etc.
(Key Expert ) 1 sciences. At least eight (8) years of  Develop high quality policy
relevant professional experience in the documents like amendment in the
area of skill development. Out of which 3+ Apprentices Act, amendment in the
years’ experience of working on projects Apprenticeship Rules, 1992
sponsored by Central/state  Amendments in the Apprentices Act
government, bi/multi-lateral agency and/or and the Apprenticeship Rules.

65
UN Agency.  New Guidelines & SOPs for NAPS
2.0, DBT, TPA, TVAT, Degree
Preferred experience in writing policy Apprenticeship.
documents/papers for government use.  DBT implementation.
Excellent ability to draft concise,  Support in Claim reimbursement.
accessible documents presenting and/or  Support in convergence/ integration of
summarizing research findings and their NATS and NEEM with apprenticeship
implication for policy and programme portal.
design.  Support in scrutiny of TPA proposals,
presentation, and field inspections of
applicant agencies.
 Support in budget related matter.
 Preparation of EFC/SFC/Cabinet
Notes.
 Preparation of Reports and
Documents for inter-Ministerial and
intra-Ministerial purposes.
15 NAPS Monitoring and 2  Support MSDE in regular follow up with
Evaluation Master’s degree in mass communication/
various stakeholders, conducting
Rural development /economics/ social
periodical reviews on various
work or MBA or equivalent.
parameters of the scheme.
 Regular monitoring of the Scheme
A minimum of 5 years of professional
implementation at State and District
experience in development of monitoring
level,
and evaluation frameworks for projects,
programmes and strategies in  Regular follow up with State Skill
Development Mission (SSDM), Regional
Apprenticeship/Skill Development/TVET.
Directorate of Skill Development and
The resource should have excellent
Entrepreneurships (RDSDE).
proficiency in writing document, article,
annual reports, grievance redressal , RTI,  Follow up on target setting, target
court-case, etc. achievement and reimbursement of
funds.

66
 Handling issues related to Sector Skill
Councils (SSCs), Third Party
Aggregators (TPAs).
 Visiting the allocated States and
tracking the progress in the
implementation of the scheme
16 JSS Team Lead JSS 1 MBA/ Master’s in Social Sciences/ Social  Team Lead of JSS Scheme and
(Key Expert) Work/ Development Studies/ Rural responsible for coordination of work
Management or equivalent with over 10 among all team members of JSS.
years’ experience of working in Technical  Providing insights on various new
and Vocational Education and Training or policies, policy level research, best
Skill Development or Rural Development practices, and other information for JSS
or Social Sector. Scheme.
 Responsible for the successful
implementation of JSS Scheme.
17 JSS Project Graduate or Master’s in  Training Monitoring & Content
Consultants economics/management/engineering/pub Development, day-to-day monitoring of
lic policy or related field. the training activities of the JSSs
through the JSS web portal.
4 Minimum 5 years of demonstrated  Design/ improve the assessment
experience in Central or State level process of candidates trained by JSS.
engagements with a prior record of  Timely assessment of the JSS
handling training/ assessments/ beneficiaries through a pool of
placements in skill development sector. Assessors maintained by the DJSS.
Strong background in policy research,  Responsible for gathering the data
information navigation and data analysis related to the demand for the courses
needed. Sound experience and as per geographical locations and local
expertise in, writing executive market requirements.
summaries, developing Presentations  Development of question banks for
and data analysis. Assessment.
 Development of innovative approaches

67
for assessment such as online
assessment, common assessment
centres etc.
 Assist in release of Recurring Grants.
 Assist in settlement of Accounts for
the Grants-in-Aid released during
previous years to the JSSs.
 Assist in preparation and Issuance of
utilization statements.
 Support in release of Non-Recurring
Grants to the agencies for setting up
new JSSs.
 PFMS: Assist in Creation of Agencies,
Creation of Sanctions, Financial
Monitoring through EAT module,
preparing MIS reports etc.
 Develop courses by taking inputs from
several key stakeholders including
experts, employers, trainers, and other
stakeholders from the skilling
ecosystem.
 Coordination with NCVET for
finalization of courses.
 Support MSDE in regular follow up with
various stakeholders, conducting
periodical reviews on various
parameters of the scheme.
18 JSS Programme Graduate or Master’s in  Preparation of reports and documents
Officer economics/management/engineering/pub for Inter-ministerial and Intra- ministerial
1 lic policy or related field. purposes.
(Key Expert)  Coordination with all stakeholders of the

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Minimum 4 years of demonstrated Scheme
experience in PMUs or Secretarial roles for  Data management on E-Sameekhsa,
Central or State level engagements with a LIMBS, Uthan& other portals.
prior record of handling exceptional  Preparation of inputs for RTI
workloads. Strong background in policy Questions, parliamentary questions, and
research, information navigation and data assurances.
analysis needed. Sound experience and  Status Updates and coordination
expertise in, writing executive summaries,
related to Court Cases.
developing presentations and data
analysis.  Resolution of complaints and other
grievances of the stakeholders.
19 JSS Project Assistant 3 Graduation in Statistics/ Economics/ Data  Content Development & Monitoring &
Analytics /Engineering / Mathematics. shall be responsible for the day-to-day
Minimum professional experience of 2+ monitoring of the training activities of the
years JSSs
Must have experience in data processing,  Responsible for gathering the data
analysis, and submission of the study
related to the demand for the courses as
report.
Must have experience of working in at per geographical locations and local
least one assignment involving statistical market requirements.
tools/data processing under State/Central  Data Analysis of the Scheme
Government organization.
20. Media and 1 Master's degree in Marketing,  Strategic Media Planning: Develop
Publicity Expert Communications, or Business comprehensive media strategies aligned
(Key Expert) Administration. Certifications in Media with clients' objectives and target
Planning or Digital Marketing. audience, utilizing market research and
Minimum of 10 years of experience in trends analysis.
media planning, buying, and consultancy.
 Campaign Management: Work in close
Proven track record of successful media collaboration with the media team of
campaigns across various platforms MSDE to execute media campaigns,
(digital, print, TV, etc.). ensuring they align with established

69
strategies and KPIs.
Strong analytical skills and proficiency in
media analysis tools. Excellent  Client Consultation: Act as a trusted
communication, negotiation, and advisor, providing media-related
presentation abilities. recommendations and guidance to clients,
including budget allocation, channel
Team player qualities and the ability to selection, and campaign optimization.
work effectively in a collaborative team
environment.  Content Development: Should be good in
content development for media
This role requires a strategic thinker with a communiques and should work closely
deep understanding of media landscapes, with stakeholders to fetch all relevant
excellent interpersonal skills, and a proven information.
ability to drive successful campaigns.
 Performance Analysis: Monitor campaign
Prior experience working with diverse performance, conduct analysis, and
clients across different industries. generate reports to measure effectiveness
and recommend optimizations.

 Industry Expertise: Stay updated on


industry trends, emerging technologies,
and media platforms to continually
improve strategies and recommendations.
Total 31

Note: The number of resources mentioned above is indicative. However, Ministry reserve the right to increase/decrease
the quantity of resources and/or time period of engagement in the above-mentioned table with the approval of the
competent authority of the MSDE maximum upto 25% of the contract value, based on the actual requirements at the
finalized rates.

70
4.2. The PMU team (members) will have full time engagement with this
assignment. During their period of engagement in the Ministry, any similar
engagement or assignment with any other Organization/Department by any of the
individual PMU team members will not be allowed.

4.3. Ministry may decide to conduct formal interview(s) of any of the proposed
team members before setting of the PMU.

4.4. Anytime during the period of engagement, if any of the PMU team members
to be replaced, the Ministry may ask the consultant (agency) to propose the
replacement, with minimum a 3 CVs matching the same level of qualification.
Selected agency will have to provide the desired replacement within a given
timeframe failing which up to 10% will be deducted from the amount payable during
the quarterly bill as decided by the MSDE.

4.5. In case of non-satisfactory performance of resources deployed under any of the


above mentioned positions, the client will seek the replacement of these resources
without any additional cost and within a defined timeframe of 10 days. Personnel
being proposed as replacement should be either equivalent or better than the ones
being replaced. Mandatory reduction in man month cost will be effected if a person
other than promised is deputed.

5. Deliverables and Timelines

The agency shall abide by various time limits as prescribed for different assignments
and the performance of the agency shall be judged as per the adherence to such
quality and time parameter as laid down for the respective work.

Projects Component Deliverables Timelines


Deployment of Successful deployment of resources in T0+07days
resources the Ministry

Inception Report Successful submission of the project T0+20 days


inception report
Overall Management Overall management of the Ongoing
operation, including work plans with
activities, milestones, timelines,
resource plans etc.
Financial Management Financial Management for the program Ongoing
including disbursements, funds flow
etc.
Progress Report Monthly Progress Report By 5th of each
succeeding
month
Periodic Monitoring Periodic reports to monitor the By 5th of each
progress of the scheme succeeding
month
Transfer of knowledge Organizing sessions/meetings/ Ongoing
workshops on transfer of knowledge
as

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per program requirements

Knowledge creation Creation of Knowledge and Ongoing


marketing collaterals for scheme
promotion and implementation
Impact Assessment Impact assessment of the Ongoing
implementation measures
Convergence Regular follow up the SSDM, Weekly
SSC, RDSDE, NSDC and other
implementing agencies for
effective implementation of the
scheme
Project Deliverables Derived Deliverables from the As per agreed
Strategy & Roadmap Document timelines as
defined from
time to time
Project Deliverables Other deliverables (as per MSDE’s As per agreed
requirements) timelines as
defined from
time to time
T0= Issue of LoI

6. Reporting Mechanism of PMU

For all purposes, the Programme Management Unit will be reporting to the
Additional/ Joint Secretary or the representative appointed by the Ministry of Skill
Development and Entrepreneurship, Government of India or his/her designee. The
Team Lead will directly report to Ministry on day to day basis about the
Scheme/Programme development and progress. The PMU will generate prescribe
fortnightly, monthly monitoring Progress Reports highlighting the accomplishment
against the agreed operational plan.

7. PMU Performance Review Meeting (Quarterly)

A quarterly PMU performance review meeting will be conducted in every quarter to


be attended by the CEO/partner of the consultant, Joint Secretary/Additional
Secretary and any other official as may be required. .

The consultants will be assessed by the PMU Head for their performance. Monthly
reports will be submitted to the concern Joint Secretary/Additional Secretary in the
Ministry and if any specific consultant is found to be underperforming, she/he will
be replaced after giving one month’s notice time with an equivalent replacement.
The Ministry will interview the candidate prior to the replacement. The candidate
replaced shall meet all the requirements as per the RFP for the post.

Assess and recommend the time period and man power efforts for the project
assignment to the consultants.

Supervise the project progress as per the timelines and suggest improvements.

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Assess the quality of deliverables and to accept or reject any part of the
assignment or work assigned.

Decide on levying appropriate liquidated damages or penalty if the assignment is


not carried out as per the assigned work order and/or if the quality of services is
found inferior.

For any time slippages or to avoid delay, the agency can provide additional
resources at their own cost to meet the time schedules.

7.1 Penalty

Project or process delays or any delay within the scope of work will attract a
penalty of 1% per week of the total project value up to eight weeks. Thereafter
work order will be treated as cancelled and cancellation charges of 10% of work
order value will be levied. In addition, security money/BG will be forfeited and the
Ministry will be free to get the job done from an alternate source at the risk and
cost of the defaulting agency.

8. Facilities provided by MSDE

• Make available all program documents including scheme documents, program


appraisal reports, program implementation plan, etc.
• Facilitate the availability of key staff/project team for discussions whenever
needed
• Ministry will also provide seating space to the PMU. However, agency will
have to make its own arrangement for providing computer/laptop, printers and
other IT support etc. to the experts deployed.

9. Payment Terms

The payment shall be made to the consultant by Ministry subject to the receipt of
quarterly invoices of resource persons deployed during the period, deliverables
achieved and fulfilment of terms and conditions and the payment of consultants
will be linked to the attendance which will be monitored by bio-metric
monitoring system.

Reimbursable expenses will be paid as per actual and entitlements (whichever is


applicable)

The consultants deployed are entitled for 15 (fifteen) days annual leave with
maximum three (three) days at a time. The leave will be calculated on pro-rata
(1.25 per calendar month) basis for period less than a year. The sanction of the
leave of PMU personnel shall be dealt by the concern Joint Secretary/Director.
Further, it should be the Team Lead’s responsibility to ensure that the project cost
does not suffer any ill effects due to absence of personnel at any point.

10. Official tours / field visits & other expenses

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Field trips/Air Ticket/Train Tickets: The travel expenses for the official tours / field
visits shall be borne by MSDE as per the entitlement of Level 10 for key personnel
and Level-9 for non-key personnel based on the prevailing norms of the
Government.

Local Travel: No separate payment shall be made for local travel request to be
undertaken within the municipal limits of NCR. The HQ’s of the staff would be
deemed to be Delhi for the purpose of this project.

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Annexure-I

Standard Form of Award of Contract

STANDARD FORM OF AWARD OF CONTRACT/AGREEMENT FOR


APPOINTMENT OF CONSULTING AGENCY

Between [Name of client]


[Name of CONSULTING AGENCY]
[Date]

Form of Award of Contract

Award of Contract to undertake [name of assignment]

The Ministry of Skill Development and Entrepreneurship, Government of India,


Kaushal Bhawan, New Delhi-110023, India, hereinafter referred to as the ―Client
which expression unless repugnant to context or meaning thereof shall include its
successors, affiliates and assigns) has:

a. requested the Consulting Agency to provide certain services as defined in the


General Conditions attached to this Agreement (hereinafter called the ―Services);
and
b. the Consulting Agency, having represented to the Client that they have the
required professional skills, personnel and technical resources, have agreed to
provide the services on the terms and conditions set forth in this assignment.

NOW THEREFORE the Client hereto hereby agrees as follows:

1. The following documents attached hereto shall be deemed to form an integral


part of this Work Order:

Appendix A: Terms of reference containing, inter-alia, the Description of the


Services and reporting requirements,
Appendix B: Cost Estimate
Appendix C: Copy of Bank Guarantee for Performance Security

2. The mutual rights and obligations of the Client and the Consulting Agency
shall be as set forth in the Award of Contract; in particular:
a) The Consulting Agency shall carry out the Services in accordance with
the provisions of the Award of Contract; and
b) Client will make payments to the Consulting Agency in accordance with
the provisions of the Award of Contract.

3. Commencement, completion, modification and termination of Award of


Contract

75
3.1.1. Effectiveness of Award of Contract: This Agreement shall be effective
from the date of issue by the client or date of receipt of the Award of Contract by
the consulting agency.

3.1.2. Commencement of Services: The Consulting Agency shall commence


the Services from the date notified by the Client.

3.1.3. Expiration of Agreement: Unless terminated earlier pursuant to relevant


clauses in this Agreement hereof, this Agreement shall expire when Services have
been completed and all payments have been made at the end of such time period
after the Effective Date.

3.1.4. Modification: Modification of the terms and conditions of this


Agreement, including any modification of the scope of the Services or of the Award
of Contract Price, may only be made by written agreement between the Parties.

3.1.5. Force Majeure

Neither party will be liable in respect of failure to fulfill its obligations, if the said
failure is entirely due to Acts of God, Governmental restrictions or instructions,
natural calamities or catastrophe, epidemics or disturbances in the country. Force
Majeure shall not include (i) any event which is caused by the negligence or
intentional action of a Party or by or of such Party’s agents or employees, nor (ii)
any event which a diligent Party could reasonably have been expected both to
take into account at the time of being assigned the work, and avoid or overcome
with utmost persistent effort in the carrying out of its obligations hereunder.

A Party affected by an event of Force Majeure shall immediately notify the other
Party of such event, providing sufficient and satisfactory evidence of the nature
and cause of such event, and shall similarly give written notice of the restoration of
normal conditions as soon as possible.

3.1.6. No Breach of Award of Contract: The failure of a party to fulfill any of


its obligations under the Award of Contract shall not be considered to be a breach
of, or default under this agreement insofar as such inability arises from an event of
Force Majeure, provided that the Party affected by such an event:
a) has taken all precautions, due care and reasonable alternative measures in
order to carry out the terms and conditions of this Agreement, and
b) has informed the other party as soon as possible about the occurrence of
such an event.
c) the dates of commencement and estimated cessation of such event of Force
Majeure; and
d) the manner in which the Force Majeure event(s) affects the Party’s
obligation(s) under the Agreement.

3.1.7. Neither Party shall be able to suspend nor excuse the non-
performance of its obligations hereunder unless such Party has given the notice
specified above.

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3.1.8. Extension of Time: Any period within which a Party shall, pursuant to
this agreement, complete any action or task, shall be extended for a period equal
to the time during which such Party was unable to perform such action as a result
of Force Majeure.

3.1.9. Payments: During the period of their inability to perform the Services as
a result of an event of Force Majeure, the Consulting Agency shall be entitled to
continue to be paid under the terms of this Agreement, as well as to be reimbursed
for additional costs reasonably and necessarily incurred by them during such
period for the purposes of the services and in reactivating the services after the
end of such period.

3.2. Termination

3.2.1 Client will have the right to terminate the assignment by giving 30 (thirty)
days’ notice in writing. In the event of termination for no fault of Applicant (Bidder),
the Client will reimburse all the expenses incurred by the Applicant (upon
submission of proof) including closing-up of the project. If the assignment is
terminated due to the fault of the Applicant or in case of termination of the
assignment by the Applicant for reasons not attributable to the Client, the Client
will forfeit the performance security of the Applicant.

3.2.2. Payment upon termination: Upon termination of this Agreement, the


Client will make the following payments to the Consultants:
a) Remuneration pursuant to relevant clauses for Services satisfactorily
performed prior to the effective date of termination;

b) the Client may also impose liquidated damages as per the provisions of
relevant clauses of this Work Order. The Consulting Agency will be required to pay
any such liquidated damages to Client within 30 days of termination date.

3.2.3. Disputes about Events of Termination: If either Party disputes


Termination of the Agreement under relevant clauses hereof, such Party may,
within forty-five (45) days after receipt of notice of termination from the other Party,
refer the matter to arbitration under relevant clauses hereof, and this Contract
shall not be terminated on account of such event except in accordance with the
terms of any resulting arbitral award.

3.3. Intellectual Property

3.3.1. Commission to own intellectual property created: All rights to any


intellectual property conceived or produced by the Consultant for the Client in the
course of performing the Consultancy Services and all information (including
information that is in electronic form), working papers, reports or other papers
collected or produced by the Consultant for the purpose of providing the
Consultancy Services are the property of the Client from the date that property is
created or developed and the Consultant waives in favour of the Client any moral
rights that the Consultant may have.

77
3.3.2. Existing intellectual property: Despite anything to the contrary
contained in this Agreement, it is understood and agreed that the Consultant shall
retain all of its rights in its proprietary information including, without limitation, its
methodologies and methods of analysis, ideas, concepts, expressions, know how,
methods, techniques, skills, knowledge and experience possessed by the
Consultant prior to, or acquired by the Consultant during, the performance of this
Agreement and the Consultant will not be restricted in any way with respect to the
same.

3.3.3. On termination or completion: Not more than five (5) Business Days
following the date of termination of this Agreement (for whatever reason) or
completion of the Consultancy Services, the Consultant will deliver to the Client all
information (including information that is in electronic form), confidential
information, intellectual property, working papers, reports or other papers that are
the property of the Client.

3.4. Obligations of the Consulting Agency

3.4.1. General: The Consulting Agency shall perform the Services and carry
out their obligations hereunder with all due diligence, efficiency and economy, in
accordance with generally accepted professional techniques and practices, and
shall observe sound management practices, and employ appropriate advanced
technology and safe methods. The Consulting Agency shall always act, in respect
of any matter relating to this Award of Contract or to the Services, as faithful
advisers to the Client, and shall at all times support and safeguard the Client’s
legitimate interests in any dealings with Sub- consultants or third parties. If any of
the key personnel leave the project at any time, the agency will provide the client
with choice of replacement personnel with similar or better qualifications and
experience, failing which agency will be liable for penal action.

3.4.2. Conflict of interest: Prohibition of Conflicting Activities: Neither the


Consulting Agency nor their Sub-consultants nor the Personnel shall engage,
either directly or indirectly, in any of the following activities:

3.4.2.1. during the term of this Contract, any business or professional activities
which would conflict with the activities assigned to them under this Contract; and
3.4.2.2. after the termination of this Contract, such other activities as may be
specified in the SC.
3.4.2.3. during the term of this contract, the team members allotted by the
Consulting Agency to this project may not work with any other Country.

3.4.3. Confidentiality: The Consulting Agency, their Sub-consultants, and the


Personnel of either of them shall not, either during the term or after the expiration
of this Contract, disclose any proprietary or confidential information relating to the
Project, the Services, this Contract or the Client’s business or operations without
the prior written consent of the Client.

3.4.4. Documents Prepared by the Consulting Agency to be the Property of


the Client: All designs, reports, other documents and software submitted by the
Consulting Agency pursuant to this Contract shall become and remain the property

78
of the Client, and the Consulting Agency shall, not later than upon termination or
expiration of this Contract, deliver all such documents and software to the Client,
together with a detailed inventory thereof. The Consulting Agency may retain a
copy of such documents and software. Restrictions about the future use of these
documents and software, if any, shall be specified in the SC.

3.4.5. Liability of the Consulting Agency: Subject to additional provisions, if


any, in this Contract the Consulting Agency’s liability under this Contract shall be
as provided by the Applicable Law.

3.4.6. Professional Liability insurance: Consulting Agency will maintain at its


expense Professional Liability Insurance including coverage for errors and
omissions caused by Consulting Agency’s negligence, breach in the performance
of its duties under this contract from an Insurance Company permitted to offer
such policies in India, for a period of one year beyond completion of services
commencing from the effective date,(i) For an amount not exceeding one time the
total payments for Professional Fees made or expected to be made to the
Consulting Agency hereunder or (ii) the proceeds, the consulting Agency may be
entitled to receive from any insurance maintained by the Consulting Agency to
cover such liability, whichever of (i) or (ii) is higher with a minimum coverage of(
insert amount and currency)

3.5. Obligations of the client

3.5.1. Assistance and Exemptions: the Client will use its best efforts to ensure
that the Government will provide the Consulting Agency with work permits and
such other documents as necessary to enable the Consulting Agency to perform
the Services:

3.5.2. Issue to officials, agents and representatives of the Government all


such instructions as may be necessary or appropriate for the prompt and effective
implementation of the Services;

3.6. Payments to the Consulting Agency

3.6.1. Advance payment will not be considered.

3.6.2. The Agency will submit pre-receipted invoices in triplicate, complete in


all respects, on the last working day of every quarter, for necessary settlement.
Payment would be made on equal installments on quarterly basis subject to
satisfactory completion of work in the quarter. The evaluation of the quarterly
activities shall be done through Committee consisted for the same. The invoices
should be submitted along with complete details of the work undertaken during the
quarter, supporting documents and bills (if required) as well as copies of the work/
material / produced during the quarter, for which the bills are submitted. A
reconciliation sheet pertaining to the bills will be submitted every quarter.

3.6.3. The final payment shall be released only after completion of the
required work detailed in the RFP Document.

79
3.6.4. The GST be paid extra as applicable.

3.6.5. For facilitating Electronic transfer for funds the selected agency will be
required to indicate the name of the Bank and Branch, account number (i.e. bank
names, IFSC Code and Bank A/c No.) and also forward a cheque leaf duly
cancelled to verify the details furnished. These details should also be furnished on
the body of every bill submitted for payments by the selected agency.

3.6.6. Currency: The price is payable in local currency i.e. Indian Rupees.

3.7. Settlement of disputes

3.7.1. Amicable Settlement: The Parties shall use their best efforts to settle
amicably all disputes arising out of or in connection with this Contract or its
interpretation.

3.7.2. Disputes Settlement: Any dispute between the Parties as to matters


arising out of and relating to this Contract that cannot be settled amicably within
thirty (30) days after receipt by one Party of the other Party’s request for such
amicable settlement may be submitted by either Party for settlement in
accordance with the provision specified in the Conditions of Contract or all
disputes shall be finally settled by Secretary, MSDE.

3.7.3. Any grievance regarding penalty shall be first decided/resolved at Joint


Secretary Level and with final decision of Secretary, MSDE, whose decision shall
be final.

3.8. Responsibility for accuracy of project documents General

The Consulting Agency shall be responsible for accuracy of the estimate and all
other details prepared by him as part of these services. The Consulting Agency
shall indemnify the client against any inaccuracy in the work, which might surface
during implementation of the project.

3.9. Liquidated damages

3.9.1. If the selected Consulting Agency fails to complete the Assignment,


within the period specified under the Contract, the Performance Guarantee is
liable to be forfeited in full or part in case of underperformance and undue delays
in performance by the agency, besides other action, including blacklisting of the
agency as may be deemed fit by the Client. In case of part forfeiture of
Performance Guarantee and if the agency proceeds to complete the assignment,
the Performance Guarantee will need to be buffered and restored to the original
value. The amount of liquidated damages for delay by Agency under this Contract
shall be upto 10 % (Ten Percent) of the total value of the Contract

4. Miscellaneous

4.1. Assignment and Charges

80
4.1.1. The Award of Contract shall not be assigned by the Consulting Agency
save and except with prior consent in writing of the Client, which the Client will be
entitled to decline without assigning any reason whatsoever.

4.1.2. The Client is entitled to assign any rights, interests and obligations
under this Contract to third parties.

4.1.3. Indemnity: The Consulting Agency agrees to indemnify and hold


harmless the Client from and against any and all claims, actions, proceedings,
lawsuits, demands, losses, liabilities, damages, fines or expenses (including
interest, penalties, attorneys’ fees and other costs of defense or investigation (i)
related to or arising out of, whether directly or indirectly, (a) the breach by the
Consulting Agency of any obligations specified in relevant clauses hereof; (b) the
alleged negligent, reckless or otherwise wrongful act or omission of the Consulting
Agency including professional negligence or misconduct of any nature whatsoever
in relation to Services rendered to the Client; (c) any Services related to or
rendered pursuant to the Contract (collectively ―Indemnified matter). As soon as
reasonably practicable after the receipt by the Client of a notice of the
commencement of any action by a third party, the Client will notify the Consulting
Agency of the commencement thereof; provided, however, that the omission so to
notify shall not relieve the Consulting Agency from any liability which it may have
to the Client or the third party. The obligations to indemnify and hold harmless, or
to contribute, with respect to losses, claims, actions, damages and liabilities
relating to the Indemnified Matter shall survive until all claims for indemnification
and/or contribution asserted shall survive and until their final resolution thereof.
The indemnity/total liability by the consulting agency shall be to the extent of total
professional fee (total cost of financial proposal) in favour of the client The
foregoing provisions are in addition to any rights which the Client may have at
common law, in equity or otherwise.

4.1.4. Notices: Unless otherwise stated, notices to be given under the


Contract including but not limited to a notice of waiver of any term, breach of any
term of the Contract and termination of the Contract, shall be in writing and shall
be given by hand delivery, recognized international courier, mail, telex or facsimile
transmission and delivered or transmitted to the Parties at their respective
addresses specified in the contract. The notices shall be deemed to have been
made or delivered (i) in the case of any communication made by letter, when
delivered by hand, by recognized international courier or by mail (registered,
return receipt requested) at that address and (ii) in the case of any communication
made by telex or facsimile, when transmitted properly addressed to such telex
number or facsimile number.

4.1.5. Severability: If for any reason what so ever any provision of the
Contract 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 upon one or more provisions which may be substituted for
such invalid, unenforceable or illegal provisions, as nearly as is practicable.

81
Provided failure to agree upon any such provisions shall not be subject to dispute
resolution under the Contract or otherwise.

4.1.6. Professional Liability Insurance: Consulting Agency will maintain at


its expense, Professional Liability Insurance including coverage for errors and
omissions caused by Consulting Agency‘s negligence, breach in the performance
of its duties under this Contract from an Insurance Company permitted to offer
such policies in India, for a period of one year beyond completion of Services
commencing from the Effective Date, (i) For an amount not exceeding one time
the total payments for Professional Fees made or expected to be made to the
Consulting Agency hereunder or (ii) the proceeds, the Consulting Agency may be
entitled to receive from any insurance maintained by the Consulting Agency to
cover such a liability, whichever of (i) or (ii) is higher with a minimum coverage of
[insert amount and currency].

4.1.7. Performance security:

4.1.7.1. The Consultant shall prior to the Effective Date and as a condition
precedent to its entitlement to payment under this Contract, provide to the Client a
legal, valid and enforceable Performance Security in the form of an unconditional
and irrevocable bank guarantee as security for the performance by the Consultant
of its obligations under this Contract, in the form set out in this Contract, in an
amount equal to 5(Five) percent of the total value of the contract. Further, in the
event the term of this Contract is extended, the Consultant shall at least fifteen
(15) days prior to the commencement of every Subsequent Year or at least thirty
(30) days prior to the date of expiry of the then existing bank guarantee, whichever
is earlier, provide an unconditional and irrevocable bank guarantee as
Performance Security for an amount equivalent to percent as applicable at that
point of time of the total cost of Financial Proposal under this Assignment.

4.1.7.2. The Performance Security shall be obtained from a scheduled


commercial Indian bank, in compliance with Applicable Laws (including, in case
the Consultant is a non-resident, in compliance with applicable foreign exchange
laws and regulations). (In the event the Consultant is a joint venture consortium,
the Performance Security may be provided by any Member, provided that such
Performance Security shall mention the details of this Contract and the other
Members)

4.1.7.3. The Performance Security shall be extended accordingly such that the
Performance Security remains valid until the expiry of a period of 60 (Sixty) Days
from the date of completion of the assignment. If the Client shall not have received
an extended/ replacement Performance Security in accordance with this clause at
least thirty (30) days prior to the date of expiry of the then existing Performance
Security, the Client shall be entitled to draw the full amount of the bank guarantee
then available for drawing and retain the same by way of security for the
performance by the Consulting Agency of its obligations under this Contract until
such time as the Client shall receive such an extended/ replacement Performance
Security whereupon, subject to the terms of this Contract, the Client will refund to
the Consulting Agency the full amount of the bank guarantee, unless the Client
has drawn upon the Performance Security in accordance with the provisions of

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this Contract, in which case only the balance amount remaining will be returned to
the Consulting Agency; provided that the Client will not be liable to pay any
interest on such balance. The Client will return the bank guarantee provided as
Performance Security to the issuer thereof for cancellation promptly upon receipt
of any extension/ replacement thereof. Subject to satisfactory completion of all
deliverables under this Work Order, the Performance Security will, subject to any
drawdowns by the Client in accordance with the provisions hereof, be released by
the Client within a period of 60 (Sixty) Days from the date of completion of the
services.

4.1.8. Penalty

4.1.8.1 Penalty: Project or process delays or any delay within the scope of
work will attract a penalty of 1% per week of the total project value up to eight
weeks. Thereafter work order will be treated as cancelled and cancellation
charges of 10% of work order value will be levied. In addition, security money/BG
will be forfeited and the Ministry will be free to get the job done from an alternate
source at the risk and cost of the defaulting agency.

4.1.8.2. Any dispute regarding penalty shall be handled as per dispute


settlement provision.

5. The Client shall have the right to claim under the Performance Security and
appropriate the proceeds if any of the following occur:

a. the Consultant becomes liable to pay penalty;

b. occurrence of any of the events listed in sub-clauses (a) through (f) of Clause
3.2.2;

c. any material breach of the terms hereof; and/or

d. without prejudice to paragraph above, the Consultant fails to extend the


validity of the Performance Security or provide a replacement Performance
Security in accordance with the provisions of this Work Order.

e. Non-compliance of mutually agreed timelines/time plan.

f. For any reasons the project is not completed owing to the faulty delivery/ non-
cooperation/ non deliverance by the agency.

g. For any reason Contract is terminated by agency.

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Annexure II
Non-Disclosure Agreement
Form On bond Paper Value Rs 100/-

This Non-Disclosure Agreement made and entered into at ………………….


this…….day of ……………….. 2024 BY AND BETWEEN
………………………………… Company Limited, a company incorporated under the
Companies Act, 1956 having its registered office at ….………. of the ONE PART are
hereinafter as “the Party”.

AND

Ministry of Skill Development and Entrepreneurship having office at Kaushal


Bhawan, New Moti Bagh, New Delhi 110023 (hereinafter referred as MSDE which
express shall unless repugnant to the context or meaning thereof be deemed to
include its successors and assigns) of the OTHER PART. MSDE are hereinafter as
“the Party”

WHEREAS:

1. MSDE floated a Request for Proposal for selection of Consultancy Agency/Firm


for Project Monitoring Unit (PMU) to support the implementation of Scheme “Skill
India Programme”, the scope of which is specified therein and whereas
_________________________________ (Name of Bidder) has through an RFP
process, bid for the work.

2. Consultancy Agency is aware and confirms that the information, data and other
documents made available in the Agreement /Contract and thereafter regarding the
services delivered in this RFP or otherwise shall remain confidential.

3. Consultancy Agency is aware that all the confidential information under the Bid
documents or those shared under the terms of this Agreement or Contract is
privileged and strictly confidential and/ or proprietary to MSDE.

4. For the purpose of advancing their business relationship, the parties would need
to disclose certain valuable confidential information to each other. Therefore, in
consideration of covenants and agreements contained herein for the mutual
disclosure of confidential information to each other, and intending to be legally
bound, the parties agree to terms and conditions as set out hereunder.

5. Receiving Party means who receives the confidential information.

6. Disclosing Party means who discloses the confidential information.

NOW, THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of


the above premises and MSDE or its representatives to have specific access to
MSDE property / information and other data it is hereby agreed by and between the
parties hereto as follows:

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1. Confidential Information

(i) “Confidential Information” means all information disclosed/furnished by MSDE or


any such information which comes into the knowledge of the Consultancy Agency
during the course of engagement, whether orally, in writing or in electronic, magnetic
or other form for the limited purpose of enabling the Consultancy Agency to carry out
the assignment, and shall mean and include data, documents and information or
any copy, abstract, extract, sample, note or module thereof, explicitly designated as
"Confidential";

“Confidential Information” also includes, without limitation, information relating to


installed or purchased Disclosing Party material or hardware products, the
information relating to general architecture of Disclosing Party’s network, information
relating to nature and content of data stored within network or in any other storage
media, Disclosing Party’s business policies, practices, methodology, policy design
delivery, and information received from others that Disclosing Party is obligated to
treat as confidential. Confidential Information disclosed to Receiving Party by any
Disclosing Party Subsidiary and/ or agents is covered by this agreement.

(ii) Information such as (i) intellectual property information; (ii) technical or business
information or material not covered in (i); (iii) proprietary or internal information
relating to the current, future and proposed products or services of MSDE including,
financial information, process/flow charts, business models, designs, drawings, data
information related to products and services, procurement requirements, purchasing,
customers, investors, employees, business and contractual relationships, business
forecasts, business plans and strategies, information the Parties provide regarding
third parties; (iv) information disclosed pursuant to this agreement including but not
limited to Information Security policy and procedures, internal policies and plans and
Organization charts etc.; and (v) all such other information which by its nature or the
circumstances of its disclosure is confidential

(iii) “Intellectual Property Rights” means any patent, copyright, trademark, trade
name, design, trade secret, permit, service marks, brands, propriety information,
knowledge, technology, licenses, databases, computer programs, software, know-
how or other form of intellectual property right, title, benefits or interest whether
arising before or after the execution of this Contract and the right to ownership and
registration of these rights.

iv) The Consultancy Agency may use the Confidential Information solely for and in
connection with the Purpose and shall not use the Confidential Information or any
part thereof for any reason other than the Purpose stated above.

Confidential Information in oral form must be identified as confidential at the time of


disclosure and confirmed as such in writing within fifteen days of such disclosure.
Confidential Information does not include information which:

(a) is or subsequently becomes legally and publicly available without breach of this
Agreement.

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(b) was rightfully in the possession of the Consultancy Agency without any obligation
of confidentiality prior to receiving it from MSDE, or prior to entering into this
agreement, the recipient shall have the burden of proving the source of information
herein above mentioned and are applicable to the information in the possession of
the recipient.

(c) was rightfully obtained by the Consultancy Agency from a source other than
MSDE without any obligation of confidentiality,

(d) was developed by for the Consultancy Agency independently and without
reference to any Confidential Information and such independent development can be
shown by documentary evidence.

(e) the recipient knew or had in its possession, prior to disclosure, without limitation
on its confidentiality.

(f) is released from confidentiality with the prior written consent of the other party.

The recipient shall have the burden of proving hereinabove are applicable to the
information in the possession of the recipient.

Confidential Information shall at all times remain the sole and exclusive property of
MSDE. Upon termination of this Agreement, Confidential information shall be
returned to MSDE or destroyed at its directions. The destruction of information if any,
shall be witnessed and so recorded, in writing, by an authorised representative of
each of the Parties. Nothing contained herein shall in any manner impair or affect
rights of MSDE in respect of the Confidential Information.

In the event Consultancy Agency is legally compelled to disclose any Confidential


Information, Consultancy Agency shall give sufficient notice of 45 days to MSDE to
prevent or minimize to the extent possible, such disclosure. Consultancy Agency
shall disclose to third party i.e. any Confidential Information or the contents of this
Agreement without the prior written consent of MSDE. The obligations of this Clause
shall be satisfied by handling Confidential Information with the same degree of care,
which the Consultancy Agency will apply to its own similar confidential information
but in no event less than reasonable care. The obligations of this clause shall survive
the expiration, cancellation or termination of this Agreement.

2. Non-disclosure

The Consultancy Agency shall not commercially use or disclose any Confidential
Information or any materials derived there from to any other person or entity other
than persons in the direct employment of the Consultancy Agency who have a need
to have access to and knowledge of the Confidential Information solely for the
Purpose authorized above. The Consultancy Agency shall take appropriate
measures by instruction and written agreement prior to disclosure to such employees
to prevent unauthorized use or disclosure. The Consultancy Agency agrees to notify
MSDE immediately if it learns of any use or disclosure of the Confidential Information
in violation of terms of this Agreement.

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Notwithstanding the marking and identification requirements above, the following
categories of information shall be treated as Confidential Information under this
Agreement irrespective of whether it is marked or identified as confidential:

a) Information regarding ‘MSDE’ and any of its Affiliates, customers and their
accounts (“Customer Information”). For purposes of this Agreement, Affiliate means
a business entity now or hereafter controlled by, controlling or under common
control. Control exists when an entity owns or controls more than 50% of the
outstanding shares or securities representing the right to vote for the election of
directors or other managing authority of another entity; or

b) any aspect of MSDE’s business that is protected by patent, copyright,


trademark, trade secret or other similar intellectual property right; or

c) Business processes and procedures; or

d) Current and future business plans; or

e) Personnel information; or

f) Financial information; or

g) Capital adequacy computation workings

3. Publications

The Consultancy Agency shall not make news releases, public announcements, give
interviews, issue or publish advertisements or publicize in any other manner
whatsoever in connection with this Agreement, the contents / provisions thereof,
other information relating to this Agreement, including references whether through
media, social network or otherwise, the Purpose, the Confidential Information or
other matter of this Agreement, without the prior written approval of MSDE.

4. Term

This Agreement shall be effective from the date hereof and shall continue till
expiration of the Purpose or termination of this Agreement by MSDE, whichever is
earlier. The Consultancy Agency hereby agrees and undertakes to MSDE that
immediately on termination of this Agreement it would forthwith cease using the
Confidential Information and further as directed MSDE promptly return or destroy,
under information to MSDE, all information received by it from MSDE for the
Purpose, whether marked Confidential or otherwise, and whether in written, graphic
or other tangible form and all copies, abstracts, extracts, samples, notes or modules
thereof. The Consultancy Agency further agrees and undertake to MSDE to certify in
writing to MSDE that the obligations set forth in this Agreement have been fully
complied with.

Obligation of confidentiality contemplated under this Agreement shall continue to be


binding and applicable without limit in point in time. The Consultancy Agency agrees
and undertake to treat Confidential Information as confidential for a period of [three

87
(3)] years from the date of receipt and in the event of earlier termination of the
Contract/Agreement, the Parties hereby agree to maintain the confidentiality of the
Confidential Information for a further period of [two (2)] years from the date of such
early termination.

5. Title and Proprietary Rights

Notwithstanding the disclosure of any Confidential Information by MSDE to the


Implementation partner, the title and all intellectual property and proprietary rights in
the Confidential Information shall remain with MSDE.

6. Return of Confidential Information

Upon written demand of the Disclosing Party, the Receiving Party shall (i) cease
using the Confidential Information, (ii) return the Confidential Information and all the
copies, abstracts, extracts, samples, notes, modules thereof to the Disclosing Party
within seven (07) days after receipt of notice, and (iii) upon request of Disclosing
Party, certify in writing that the Receiving Party has complied with the obligations set
forth in this paragraph.

7. Remedies

7.1. The Consultancy Agency acknowledges the confidential nature of Confidential


Information and breach of any provision of this Agreement by the Consultancy
Agency will result in irreparable damage to MSDE for which monetary compensation
may not be adequate and agrees that, if it or any of its directors, officers or
employees should engage or cause or permit any other person to engage in any act
in violation of any provision hereof. MSDE shall be entitled, in addition to other
remedies for damages & relief as may be available to it, to an injunction or similar
relief prohibiting the Implementation partner, its directors, officers etc. from engaging
in any such act which constitutes or results in breach of any of the covenants of this
Agreement. Any claim for relief to MSDE shall include MSDE’s costs and expenses
of enforcement (including the attorney's fees).

7.2. Receiving Party shall notify Disclosing Party immediately upon discovery of any
unauthorized used or disclosure of Confidential Information and/ or Confidential
Materials, or any other breach of this Agreement by Receiving Party, and will
cooperate with Disclosing Party in every reasonable way to help Disclosing Party
regain possession of the Confidential Information and/ or Confidential Materials and
prevent its further unauthorized use.

7.3. Receiving Party shall return all originals, copies, reproductions and
summaries of confidential Information or Confidential Materials at Disclosing Party’s
request, or at Disclosing Party’s option, certify destruction of the same.

7.4. Receiving Party acknowledges that monetary damages may not be the only
and / or a sufficient remedy for unauthorized disclosure of Confidential Information
and that disclosing party shall be entitled, without waiving any other rights or
remedies (as listed below), to injunctive or equitable relief as may be deemed proper
by a Court of competent jurisdiction.

88
a. Suspension of access privileges

b. Change of personnel assigned to the job

c. Financial liability for all direct damages which disclosing party has incurred as a
result of a finally determined breach of the terms of this agreement by the Recipient
or its employees or advisors or representatives.

d. Termination of contract

7.5. Disclosing Party may visit Receiving Party’s premises, with reasonable prior
notice and during normal business hours, to review Receiving Party’s compliance
with the term of this Agreement.

8. Entire Agreement, Amendment, Assignment

This Agreement constitutes the entire agreement between the parties relating to the
matters discussed herein and supersedes any and all prior oral discussions and/or
written correspondence or agreements relating to non-disclosure between the
parties. The Agreement may be amended or modified only with the mutual written
consent of the parties. Neither this Agreement nor any right granted hereunder shall
be assignable or otherwise transferable.

9. Miscellaneous

9.1. Any software, material and documentation provided under this Agreement is
provided with RESTRICTED RIGHTS.

9.2. Neither party grants to the other party any license, by implication or otherwise,
to use the Confidential Information, other than for the limited purpose of evaluating or
advancing a business relationship between the parties, or any license rights
whatsoever in any patent, copyright or other intellectual property rights pertaining to
the Confidential Information.

9.3. The terms of Confidentiality under this Agreement shall not be construed to
limit either party’s right to independently develop or acquire product without use of
the other party’s Confidential Information. Further, either party shall be free to use for
any purpose the residuals resulting from access to or work with such Confidential
Information, provided that such party shall maintain the confidentiality of the
Confidential Information as provided herein. The term “residuals” means information
in non-tangible form, which may be retained by person who has had access to the
Confidential Information, including ideas, concepts, know-how or techniques
contained therein. Neither party shall have any obligation to limit or restrict the
assignment of such persons or to pay royalties for any work resulting from the use of
residuals. However, the foregoing shall not be deemed to grant to either party a
license under the other party’s copyrights or patents.

9.4 This Agreement constitutes the entire agreement between the parties with
respect to the subject matter hereof. It shall not be modified except by a written

89
agreement dated subsequently to the date of this Agreement and signed by both
parties. None of the provisions of this Agreement shall be deemed to have been
waived by any act or acquiescence on the part of Disclosing Party, its agents, or
employees, except by an instrument in writing signed by an authorized officer of
Disclosing Party. No waiver of any provision of this Agreement shall constitute a
waiver of any other provision(s) or of the same provision on another occasion.

9.5. In case of any dispute, both the parties agree for sole arbitration. The said
proceedings shall be conducted in English language at New Delhi and in accordance
with the provisions of Indian Arbitration and Conciliation Act 1996 or any
Amendments or Re-enactments thereto.

9.6. Subject to the limitations set forth in this Agreement, this Agreement will inure
to the benefit of and be binding upon the parties, their successors and assigns.

9.7. If any provision of this Agreement shall be held by a court of competent


jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall
remain in full force and effect.

9.8 All obligations created by this Agreement shall survive change or termination
of the parties‟ business relationship.

10. Suggestions and Feedback

10.1 Either party from time to time may provide suggestions, comments or other
feedback to the other party with respect to Confidential Information provided
originally by the other party (hereinafter “feedback”). Both Party agree that all
Feedback is and shall be entirely voluntary and shall not in absence of separate
agreement, create any confidentially obligation for the receiving party. However, the
Receiving Party shall not disclose the source of any feedback without the providing
party’s consent. Feedback shall be clearly designated as such and, except as
otherwise provided herein, each party shall be free to disclose and use such
Feedback as it sees fit, entirely without obligation of any kind to other party. The
foregoing shall not, however, affect either party’s obligations hereunder with respect
to Confidential Information of other party.

11. Governing Law

The provisions of this Agreement shall be governed by the laws of India and the
competent court at New Delhi shall have exclusive jurisdiction in relation thereto
even though other Courts in India may also have similar jurisdictions.

12. General

MSDE discloses the Confidential Information without any representation or warranty,


whether express, implied or otherwise, on truthfulness, accuracy, completeness,
lawfulness, and merchantability, fitness for a particular purpose, title, non-
infringement, or anything else.

90
In witness whereof, the Parties hereto have executed these presents the day, month
and year first herein above written.

BUYER BIDDER

Name of the Officer Name of the


Representative

Designation Organisation

MSDE

Witness Witness

1.____________________ 1.___________________

2.____________________ 2.___________________

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Annexure III

INTEGRITY PACT

Between

[MSDE]

and

M/s________________, a company/ firm/ individual (status of the company),


PSU/Partnership/Joint Venture and having its registered office at represented by
Shri______________________, hereinafter referred to as “The Bidder”

Preamble

MSDE intends to award, under laid down organization procedures, contract (s) for
Selection of Consultancy Agency for setting up Project Monitoring Unit (PMU) to
support the implementation of Scheme “Skill India Programme. The MSDE values
full compliance with all relevant laws and regulations, and the principles of economic
use of resources, and of fairness and transparency in its relations with the Bidder/s
and Contractor/s.

In order to achieve these goals, the MSDE and the above-named Bidder enter into
this agreement called ‘Integrity Pact’ which will form an integral part of the bid.

It is hereby agreed by and between the parties as under:

Section I – Commitments of Client

1. MSDE commits itself to take all measures necessary to prevent corruption and to
observe the following principles:

a) The MSDE undertakes that no official of the MSDE connected directly or


indirectly with the contract, will demand, take a promise for or accept, directly
or through intermediaries, any bribe, consideration, gift, reward, favour or any
material or immaterial benefit or any other advantage from the Bidder, either
for themselves or for any person, organization or third party related to the
contract in exchange for an advantage in the bidding process, bid evaluation,
contracting or implementation process related to the contract.

b) MSDE will, during the pre-contract stage, treat all bidders alike, and will
provide to all bidders the same information and will not provide any such
information to any particular bidder which could afford an advantage to that
particular bidder in comparison to other bidder and could obtain an advantage
in relation to the tender process or the contract execution.

c) MSDE will exclude from evaluation of Bids its such employee(s) who has any
personal interest in the Companies/Agencies participating in the Bidding
process.

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2. If MSDE obtains information on the conduct of any of its employees with full and
verifiable facts and the same is prima facie found to be correct which is a
criminal offence under the Indian Penal Code / Prevention of Corruption Act, or if
there be a substantive suspicion in this regard, the matter will be informed to its
Chief Vigilance Officer and in addition can initiate disciplinary actions.

Section II – Commitments of the Bidder

1. The Bidder commits himself to take all measures necessary to prevent


corruption. He commits himself to observe the following principles during his
participation in the tender process and during the contract execution:

a) The Bidder will not, directly or through any other person or firm, offer, promise
or give to MSDE, or to any of MSDE’s employees involved in the tender
process or the execution of the contract or to any third person any material or
other benefit which he/she is not legally entitled to, in order to obtain in
exchange an advantage during the tender process or the execution of the
contract.

b) The Bidder shall not enter into any agreement/ arrangement/ understanding/
action in concert, whether or not the same is formal or in writing with other
Bidders. This applies in particular to agreements pertaining to prices, territorial
or geographical allocations of market, specifications, certifications, subsidiary
contracts, submission or non –submission of bids, bid rigging or other actions
restricting competitiveness or leading to cartelization in the bidding process or
amounting to any other violation under the Competition Laws for the time
being in force.

c) The Bidder will not commit any criminal offence under the relevant Anit-
corruption Laws of India; further, the Bidder will not use for illegitimate
purposes or for purposes of restrictive competition or personal gain, or pass
on to others, any information provided by MSDE part of the business
relationship, regarding plans, technical proposals and business details,
including information contained or transmitted electronically.

d) Bidders will not pass any information provided by MSDE as part of business
relationship to others and not to commit any offence under PC/IPC Act.

e) The Bidder of foreign origin shall disclose the name and address of the
Agents/representatives in India, if any, involved directly or indirectly in the
Bidding. Similarly, the Bidder of Indian Nationality shall furnish the name and
address of the foreign principals, if any involved directly or indirectly in the
Bidding.

f) The Bidder will, when presenting his bid, disclose any and all payments he
has made, or committed to or intends to make to agents, brokers or any other
intermediaries in connection with the award of the contract and/or with the
execution of the contract.

93
g) The Bidder will not misrepresent facts or furnish false/forged
documents/information in order to influence the bidding process or the
execution of the contract to the detriment of MSDE.

(2) The Bidder will not instigate third persons to commit offences outlined above or
be an accessory to such offences.

Section III- Disqualification from tender process and exclusion from future
contract

(1) If the Bidder, before contract award, has committed a serious transgression
through a violation of Section II or in any other form such as to put his reliability or
credibility as Bidder into question, MSDE may disqualify the Bidder from the ender
process or terminate the contract, if already signed, for such reason.

(2) If the Bidder has committed a serious transgression through a violation of


Section II such as to put his reliability or credibility into question, MSDE may after
following due procedures also exclude the Bidder from future contract ward
processes. The imposition and duration of the exclusion will be determined by
severity of the transgression. The severity will be determined by the circumstances
of the case, in particular the number of transgressions, the position of the
transgressors within the company hierarchy of the Bidder and the amount of the
damage. The exclusion will be imposed for a minimum of 12 months and maximum
of 36 months.

(3) If the Bidder can prove that he has restored/recouped the damage caused by
him and has installed a suitable corruption prevention system, MSDE may revoke
the exclusion prematurely. However, decision of MSDE in this regard shall be final
and binding on the bidder.

Section IV – Liability for violation of Integrity Pact

(1) If MSDE has disqualified the Bidder from the tender process prior to the award
under Section III, MSDE may forfeit the applicable Bid Security/ Earnest Money
Deposit Under the Bid.

(2) If MSDE has terminated the contract under Section III, MSDE may forfeit the
Contract Performance Security of this contract besides resorting to other remedies
under the contract.

Section V- Previous Transgression

(1) The Bidder shall declare in his Bid that no previous transgressions occurred in
the last 3 year with any other Public Sector Undertaking or Government Department
that could justify his exclusion from the tender process.

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(2) If the Bidder makes incorrect statement on this subject, he can be disqualified
from the tender process of the contract, if already awarded, can be terminated for
such reason.

Section VI – Equal treatment to all Bidder

(1) MSDE will enter into agreements with identical conditions as this one with all
Bidders.

(2) MSDE will disqualify from the tender process any bidder who does not sign
this Pact or violate its provisions.

Section VII – Punitive Action against violating Bidders

If MSDE obtains knowledge of conduct of a Bidder or an employee or a


representative or an associate of a Bidder which constitutes corruption, or if MSDE
has substantive suspicion in this regard, MSDE will inform the Chief Vigilance Officer
(CVO).

Nothing mentioned here in above may deem to restrict the right of MSDE, in case of
a suspected violation of Section II, Clause (1) (b) by the Bidders to initiate necessary
action under the Competitions Laws for the time being in force.

(*) Section VIII – Independent External Monitor/Monitors

(1) MSDE has appointed a panel of Independent External Monitors (IEMs) for this
Pact with the approval of Central Vigilance Commission (CVC), Government of India.

(2) The IEM is to review independently and objectively, whether and to what
extend the parties comply with the obligations under this agreement. He has right of
access to all project documentation. The IEM may examine any complaint received
by him and submit a report to JS, MSDE, at the earliest. He may also submit a report
directly to the CVO and the CVC, in case of suspicion of serious irregularities
attracting the provisions of the PC Act. However, for ensuring the desired
transparency and objectivity in dealing with the complaints arising out of any
tendering process, the matter shall be referred to the full panel of IEMs, who would
examine the records, conduct the investigations and submit report to JS, MSDE,
giving joint findings.

(3) The IEM is not subject instructions by the representatives of the parities and
performs his functions neutrally and independently. He reports to the JS, MSDE.

(4) The Bidder(s) accepts that the IEM has the right to access without restriction
to all documentation of MSDE related to this contract including that provided by the
Bidder. The Bidder will also grant the IEM, upon his request and demonstration of a
valid interest, unrestricted and unconditional access to his documentation. The IEM

95
is under contractual obligation to treat the information and documents of the
Bidder(s) with confidentiality.

(5) MSDE will provide to the IEM information as sought by him which could have
an impact on the contractual relations between MSDE and the Bidder related to this
contract.
(6) As soon as the IEM notices, or believes to notice, a violation of this
agreement, he will so inform the JS, MSDE and request the JS, MSDE to
discontinue or take corrective action, or to take other relevant action. The IEM can in
this regard submit non-binding recommendations. Beyond this, the IEM has no right
to demand from the parties that they act in a specific manner, refrain from action or
tolerate action. However, the IEM shall give an opportunity to MSDE and the Bidder,
as deemed fit, to present its case before making its recommendations to MSDE.

(7) The IEM will submit a written report to the JS, MSDE within 8 to 10 weeks
from the date of reference or intimation to him by MSDE and, should the occasion
arise, submit proposals for correcting problematic situations.

(8) If the IEM has reported to the JS, MSDE a substantiated suspicion of and
offence under relevant Anti-Corruption Laws of India, and the JS MSDE has not,
within the reasonable time taken visible action to proceed against such offence or
reported it to the CVO, the Monitor may also transmit this information directly to the
CVC, Government of India.

(9) The word ‘IEM’ would include both singular and plural.

(10) A Bidder signing the IP shall not approach the Courts while representing the
matters to IEMs and he will await till their decision in the matter.

Section IX – Pact Duration

This Pact begins when both parties have legally signed it. It expires for the
Contractor after the closure of the contract and for all other Bidder’s six month after
the contract has been awarded.
Section X – Other Provisions

(1) This agreement is subject to Indian Law. Place of performance and


jurisdiction is the establishment of MSDE.
(2) Changes and supplements as well as termination notices need to be made in
writing.
(3) Nothing in this agreement shall affect the rights of the parties available under
the condition which are part of the Bidding Document.

96
(4) View expressed or suggestions/submissions made by the parties and the
recommendations of the CVO/IEM# in respect of the violation of this agreement,
shall not be relied on or introduced as evidence in the arbitral or judicial proceedings
(arising out of the arbitral proceedings) by the parties in connection with the
disputes/differences arising out of the subject contract.

# CVO shall be applicable for packages wherein IEM are not identified in the
bidding document IEM shall be applicable for packages wherein IEM are
identified in the bidding document.

(5) Should one or several provisions of this agreement turn out to be invalid, the
remainder of this agreement remains valid. In this case, the parties will strive to
come to an agreement to their original intentions.

BUYER BIDDER

Name of the Officer Name of the


Representative

Designation Organisation

MSDE

Witness Witness

1.____________________
1.___________________

2.____________________ 2.___________________

97
Appendix I

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