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REQUEST FOR PROPOSALS

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negotiation at the cost of Consultant before the award of work.<br />

6.3 Negotiations normally take two to three days. The aim is to reach agreement on all<br />

points and initial a draft contract by the conclusion of Negotiations.<br />

6.4 Negotiations will commence with discussion on technical proposal, the proposed<br />

methodology (work plan), staffing and any suggestions made to improve the TOR, the<br />

staffing and bar charts, which will indicate activities, periods in the field and in the<br />

home office, staff months, logistics and reporting. The financial proposal is subject to<br />

rationalization. Special attention will be paid to optimize the required outputs from the<br />

Consultants within the available budget and to define clearly the inputs required from<br />

the Client to ensure satisfactory implementation of the Assignment.<br />

6.5 Changes agreed upon will then be reflected in the financial proposal using proposed<br />

unit rates.<br />

6.6 Having selected the Consultants, among other things, on the basis of an evaluation of<br />

proposed key professional staff, the Client expects to negotiate, within the proposal<br />

validity period, a contract on the basis of the staff named in the proposal and, prior to<br />

contract negotiations, will require assurances that the staff will be actually available.<br />

The Client may ask to give a replacement for the key professional who has scored<br />

less than 75% marks by a person of at least 75% score. No reduction in remuneration<br />

would be made on account of above change.<br />

The Client will not consider substitutions during contract negotiations except in cases<br />

of incapacity of key personnel for reasons of health. Similarly, after award of contract<br />

the Client expects all of the proposed key personnel to be available during<br />

implementation of the contract. The client will not consider substitutions during<br />

contract negotiations/ contract implementation except under exceptional<br />

circumstances. For the reason other than death/ extreme medical ground, where<br />

replacement is proposed by the Consultant due to non availability of the originally<br />

proposed key personnel or in cases where replacement has become necessary as a key<br />

personnel proposed by the Consultant has been found to be unsuitable for the project<br />

by NHIDCL during contract negotiations / contract implementation , the following<br />

shall apply (i) for total replacement upto 33% of key personnel, remuneration shall be<br />

reduced by 5% (ii) for total replacement between 33% to 50%, remuneration shall be<br />

reduced by 10% (iii) for total replacement beyond 50% and 66% remuneration shall be<br />

reduced by 15% (iv) for total replacement beyond 66% of the total key personnel, the<br />

Client may initiate action for debarment of such Consultant for future projects of<br />

MORT&H/NHIDCL for a period of 6 months to 24 months.<br />

If for any reason beyond the reasonable control of the Consultants, it becomes<br />

necessary to replace any of the personnel, the Consultants shall forthwith provide as<br />

a replacement a person of equivalent or better qualification and experience.<br />

6.7 The negotiations will be concluded with a review of the draft Contract Agreement<br />

attached at Appendix-V. The Client and the Consultants will finalize the contract to<br />

conclude negotiations.<br />

6.8 If a Consultant fails to conclude the negotiations with NHIDCL or in case a Consultant<br />

withdraws without starting / completing the negotiations with NHIDCL, it shall<br />

attract penalty by encashment of Bid Security submitted by the Consultant<br />

7 Performance Security

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