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SELECTION OF CONSULTANT
REQUEST FOR PROPOSAL
“Selection of Social Media Procurement Agency”
Reference Number: SSC NASSCOM (FS PRIME) RFP 1903 /2021
Issued by:
NASSCOM Plot No - 7 to 10,
Sector 126, Noida - 201303, UP
Contents
A. General Provisions ………………………………………………………………………………………………….. 3
1. Definitions……………………………………………………………………………………………………………….. 3
2. Introduction ……………………………………………………………………………………………………………. 4
3. Conflict of Interest…………………………………………………………………………………………………… 4
4. Corrupt and Fraudulent Practices…………………………………………………………………………….. 5
5. Unfair Competitive Advantage………………………………………………………………………………… 5
6. General Considerations…………………………………………………………………………………………… 6
7. Cost of Preparation of Proposal………………………………………………………………………………. 6
8. Language…………………………………………………………………………………………………………………. 6
9. Documents Comprising the Proposal………………………………………………………………………. 6
10. Only One Proposal…………………………………………………………………………………………………. 7
11. Proposal Validity……………………………………………………………………………………………………. 7
12. Clarification and Amendment of RFP……………………………………………………………………… 7
13. Technical Proposal Format and Content…………………………………………………………………. 8
14. Financial Proposal………………………………………………………………………………………………….. 8
B. Submission, Opening and Evaluation……………………………………………………………………… 8
15. Submission, Sealing and Marking of Proposals……………………………………………………….. 8
16. Confidentiality………………………………………………………………………………………………………… 9
17. Evaluation of Proposal……………………………………………………………………………………………. 10
18. Evaluation Process………………………………………………………………………………………………….. 10
19. Bid Evaluation and Selection Process………………………………………………………………………. 11
19.4 Technical Evaluation……………………………………………………………………………………………….12
19.5 Financial Evaluation………………………………………………………………………………………………. 13
19.6 Negotiations………………………………………………………………………………………………………… 13
19.7 Estimated Event Schedule…………………………………………………………………………………….. 14
19.8 Award of Contract ……………………………………………………………………………………………….. 14
19.9 Signing of the Contract…………………………………………………………………………………………. 14
19.10 Contract Finalization…………………………………………………………………………………………. 14
20. Documents……………………………………………………………………………………………………………… 15
Annexure A……………………………………………………………………………………………………………………. 15
Annexure B……………………………………………………………………………………………………………………. 31
A. General Provisions
1. Definitions
(a) “Affiliate(s)” means an individual or an entity that directly or indirectly controls, is controlled by, or is under common control with the Consultant.
(b) “Applicable Guidelines” means the policies of NASSCOM governing the selection and Contract
award process as set forth in this RFP. (c) “Applicable Law” means the laws and any other instruments having the force of law in the
Client’s country, or in such other country as may be specifically described as part of this agree-ment.
(d) “Client” means IT/ ITeS Sector Skills Council NASSCOM that shall sign the Contract for the Ser-
vices with the selected Consultant. (e) “Consultant” means a legally established professional consulting firm or an entity that intends
to provide Services to the Client and is submitting its proposal as part of the instant RFP. (f) “Contract” means a legally binding written agreement signed between the Client and the Con-
sultant. (g) “Day” means a calendar day. (h) “Experts” means, collectively, Key Experts, Non-Key Experts, or any other personnel of the
Consultant, Sub-consultant or Joint Venture member(s). (i) “Government” means the government of the Client’s country. (j) “Joint Venture (JV)” means an association with or without a legal personality distinct from that
of its members, of more than one Consultant where one member has the authority to conduct all business for and on behalf of any and all the members of the JV, and where the members of the JV are jointly and severally liable to the Client for the performance of the Contract.
(k) “Key Expert(s)” means an individual professional whose skills, qualifications, 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 or its Sub-
consultant and who is assigned to perform the Services or any part thereof under the Contract and whose CVs are not evaluated individually.
(m) “Proposal” means the Technical Proposal and the Financial Proposal of the Consultant. (n) “Services” means the work to be performed by the Consultant pursuant to the Contract.
(o) “Sub-consultant” means an entity to whom the Consultant intends to subcontract any part of
the Services while remaining responsible to the Client during the performance of the Contract.
2. Introduction 2.1 The Client intends to select a Consultant, in accordance with the ‘Terms of Reference’ as specified
at ‘Annexure B’ of this document.
2.2 Bidders are invited to submit a Technical Proposal and a Financial Proposal, for services required
for the assignment ”Selection of Social Media Procurement Agency”. The Proposal will be the ba-
sis for negotiating and ultimately signing the Contract with the selected Consultant.
2.3 The Client will timely provide, at no cost to the Consultants, the inputs, relevant project data, and
reports required for the preparation of the Consultant’s Proposal
2.4 A Consultant will be selected under Least Cost Based Selection (LCS) procedures and in full Tech-
nical Proposal format as described in this RFP, in accordance with the policies of the client and
General Financial Rules 2017 and Manual for Procurement of Consultancy and Other Services
2017 issued by the Ministry of Finance.
3. Conflict of Interest
3.1 The Consultant is required to provide professional, objective, and impartial advice, at all times
holding the Client’s interest paramount, strictly avoiding conflicts with other assignments or its
own corporate interests and acting without any consideration for future work.
3.2 The Consultant has an obligation to disclose to the Client any situation of actual or potential con-
flict that impacts its capacity to serve the best interest of its Client. Failure to disclose such situa-
tions may lead to the disqualification of the Consultant or the termination of its Contract and/or
sanctions by the client.
3.3 Without limitation on the generality of the foregoing, the Consultant(s) shall not be hired under
the circumstances set forth below:
i. Conflict among consulting assignments: A Consultant (including its Experts and Sub-consult-
ants) or any of its Affiliates shall not be hired for any assignment that, by its nature, may be in
conflict with another assignment of the Consultant for the same or for another Client.
ii. Relationship with the Client’s staff: A Consultant (including its Experts and Sub-consultants)
that has a close business or family relationship with a professional staff of the Client who are
directly or indirectly involved in any part of (i) the preparation of the Terms of Reference for the
assignment, (ii) the selection process for the Contract, or (iii) the supervision of the Contract, may
not be awarded a Contract, unless the conflict stemming from this relationship has been resolved
in a manner acceptable to the client throughout the selection process and the execution of the
Contract.
4. Corrupt and Fraudulent Practices 4.2 The client requires that no fraudulent or corrupt means shall be used by the consultant in order
to get the award of work.
4.2 The Consultant shall permit and shall cause its agents, experts, sub-consultants, sub-contractors,
services providers, or suppliers to permit the client to inspect all accounts, records, and other
documents relating to the submission of the Proposal and contract performance (in case of an
award), and to have them audited by external auditors, if needed.
5. Unfair competitive advantage 5.1 Fairness and transparency in the selection process require that the Consultants or their Affiliates
competing for a specific assignment do not derive a competitive advantage from having provided
consulting services related to the assignment in question. To that end, the bidder shall indicate in
the declaration made available to all Consultants together with this RFP all information that would
in that respect give such Consultant any unfair competitive advantage over competing Consult-
ants.
Preparation of Proposals
6. General Considerations 6.1 Bidders are advised to study all instructions, forms, terms, requirements and other information in
the RFP document carefully. Submission of the bid shall be deemed to have been done after care-
ful study and examination of the RFP document with full understanding of its implications;
6.2 Response to this RFP should be full and complete in all respects. Failure to furnish all information
required by the RFP documents or submission of a proposal not substantially responsive to the
RFP documents in every respect will be at the Bidder's risk and may result in rejection of its Pro-
posal.
7. Cost of Preparation of Proposal 7.1 The consultant is responsible for all costs incurred in connection with participation in this process,
including, but not limited to, costs incurred in conduct of informative and other diligence activi-
ties, participation in meetings/discussions/presentations, preparation of proposal, in providing
any additional information required by the client to facilitate the evaluation process, and in nego-
tiating a definitive ‘Contract’/Agreement’ or all such activities related to the bid process. The client
would not be responsible or liable for those costs, regardless of the conduct or outcome of the
bidding process;
7.2 The Client is not bound to accept any proposal and reserves the right to annul the selection pro-
cess at any time prior to Contract award, without thereby incurring any liability to the Consultant.
8. Language 8.1. The Proposal, as well as all correspondence and documents relating to the Proposal exchanged be-
tween the Consultant and the Client shall be written in English Language.
9. Documents Comprising the Proposal 9.1 The Proposal shall comprise the documents and forms listed in the Data Sheet.
9.2 If specified in the Data Sheet, the Consultant shall include a statement of an undertaking of the
Consultant to observe, in competing for and executing a contract, the Client country’s laws against
fraud and corruption (including bribery).
9.3 The Consultant shall furnish information on commissions, gratuities, and fees, if any, paid or to be
paid to agents or any other party relating to this Proposal and, if awarded, Contract execution, as
requested in the Financial Proposal Submission Form 6 placed at Annexure-A to this RFP.
9.4 All materials submitted by the Consultant shall become the property of the Client and may be
returned at the Client’s sole discretion.
10. Only One Proposal 10.1. The Consultant (including the individual members of any Joint Venture) shall submit only one Pro-
posal, either in its own name or as part of a Joint Venture in another Proposal. If a Consultant, includ-ing any Joint Venture member, submits or participates in more than one proposal, all such proposals shall be disqualified and rejected.
11. Proposal Validity 11.1 The Consultant’s Proposal must remain valid for 180 days after the Proposal submission deadline.
11.2 During this period, the Consultant shall maintain its original Proposal without any change, includ-
ing the availability of the Key Experts, the proposed rates and the total price.
11.3 If it is established that any Key Expert nominated in the Consultant’s Proposal was not available
at the time of Proposal submission or was included in the Proposal without his/her confirmation,
such Proposal shall be disqualified and rejected for further evaluation.
11.4 The Client will make its best effort to complete the negotiations within the proposal’s validity
period. However, should the need arise, the Client may request, in writing, all Consultants who
submitted Proposals prior to the submission deadline to extend the Proposals’ validity.
11.5 If the Consultant agrees to extend the validity of its Proposal, it shall be done without any change
in the original Proposal and with the confirmation of the availability of the Key Experts.
11.6 The Consultant has the right to refuse to extend the validity of its Proposal in which case such
Proposal will not be further evaluated.
12. Clarification and Amendment of RFP 12.1 The Consultant may request a clarification of any part of the RFP during the period before be-
tween beginning from the date of publishing of this RFP till the Proposals’ submission deadline.
Any request for clarification must be sent by standard electronic means, to the Client’s eMail
address as indicated at Clause 13.9. The Client will respond by standard electronic means, in-
cluding an explanation of the query but without identifying its source to all shortlisted Consult-
ants. Should the Client deem it necessary to amend the RFP as a result of a clarification, it shall
do so at any time before the proposal submission deadline, the Client may amend the RFP by
issuing an amendment by standard electronic means.
12.2 If the amendment is substantial, the Client may extend the proposal submission deadline to give
the shortlisted Consultants reasonable time to take an amendment into account in their Pro-
posals.
12.3 The Consultant may submit a modified Proposal or a modification to any part of it at any time
prior to the proposal submission deadline. No modifications to the Technical or Financial Pro-
posal shall be accepted after the deadline.
13. Technical Proposal Format and Content
13.1 The Technical Proposal shall not include any financial information. A Technical Proposal contain-
ing material financial information shall be declared non-responsive.
13.2 Consultant shall not propose alternative Key Experts. Only one CV shall be submitted for each
Key Expert position. Failure to comply with this requirement will make the Proposal non-respon-
sive.
13.3 The technical proposal shall be made as per standard formats provided at Forms 1-7 placed at
Annexure-A to this RFP.
14. Financial Proposal
14.1 The Financial Proposal shall be prepared using the Standard Forms provided at Form 6 in Annex-
ure-A. It shall list all costs associated with the assignment, including (a) Media Commission, (b)
Pass through costs.
14.2 The Consultant and its Sub-consultants and Experts are responsible for meeting all tax liabilities
arising out of the Contract unless stated otherwise.
B. Submission, Opening and Evaluation 15. Submission, Sealing, and Marking of Proposals
15.1 The Consultant shall submit a signed and complete Proposal comprising the documents and
forms in accordance with Paragraphs 8, 11 and 12. The submission to be done by email in pass-
word protected PDF file separately for Technical and Financial Proposals.
15.2 An authorized representative of the Consultant shall sign the original submission letters in the
required format for both the Technical Proposal and, if applicable, the Financial Proposal and
shall initial all pages of both. The authorization shall be in the form of a written power of attorney
attached to the Technical Proposal.
15.3. For the purposes of this RFP, Joint Ventures and Consortiums are not allowed.
15.4 Any modifications, revisions, interlineations, erasures, or overwriting shall be valid only if they
are signed or initialled by the person signing the Proposal.
15.5 The Technical Proposal e-mail shall clearly be subjected as “TECHNICAL PROPOSAL- SELECTION
OF SOCIAL MEDIA PROCUREMENT AGENCY FOR FS PRIME E-mail body must have the following
details: reference number, name and address of the Consultant, and a warning “DO NOT OPEN
UNTIL 1730 Hrs, 22nd April 2021”. The technical proposal should not contain any pricing infor-
mation whatsoever on the services offered. Pricing information shall be separated and only con-
tained in the Financial Proposal.
15.6 The Financial Proposal e-mail shall clearly be subjected as “FINANCIAL PROPOSAL FOR SELECTION
OF SOCIAL MEDIA PROCUREMENT AGENCY FOR FS PRIME E-mail body must have the following
details; reference number, name and address of the Consultant, and with a warning “DO NOT
OPEN WITH THE TECHNICAL PROPOSAL.”
15.7. The Technical Proposal with the mentioned 15.5 marking shall be sent to Ms. Kaamna Jain at [email protected] The proposal should be in PDF format and password protected. Password should NOT be shared along with the proposal– password to be shared only when requested for.
Deadline for submission is 22nd April 2021, 17:30 hrs.
15.8 The Financial Proposals with the mentioned 15.6 marking shall be sent to Mr. Puneet Budhraja at
[email protected]. The proposal should be in PDF format and password protected. Password
should NOT be shared along with the proposal – password to be shared only when requested for.
Deadline for submission is 22nd April 2021, 17:30 hrs.
15.19. The Technical and/or Financial Proposal or its modifications must be sent at [email protected]
and [email protected] respectively before 22nd April 2021, 17:30 hrs or any extension to this deadline.
Any Proposal or its modification received by the Client after the deadline shall be declared late and re-
jected.
16. Confidentiality
16.1 From the time the Proposals are opened to the time the Contract is awarded, the Consultant should
not contact the Client on any matter related to its Technical and/or Financial Proposal. Information
relating to the evaluation of Proposals and award recommendations shall not be disclosed to the
Consultants who submitted the Proposals or to any other party not officially concerned with the
process, until the publication of the Contract award information.
16.2 Any attempt by shortlisted Consultants or anyone on behalf of the Consultant to influence improp-
erly the Client in the evaluation of the Proposals or Contract award decisions may result in imme-
diate rejection of its Proposal.
16.3 Notwithstanding the above provisions, from the time of the Proposals’ opening to the time of award
of Contract award publication, if a Consultant wishes to contact the Client on any matter related to
the selection process, it shall do so only in writing.
17. Evaluation of Proposal
17.1 The Consultant is not permitted to alter or modify its Proposal in any way after the proposal sub-
mission deadline. While evaluating the Proposals, the Client will conduct the evaluation solely on
the basis of the submitted Technical and Financial Proposals.
17.2 The client shall constitute a Proposal Evaluation Committee/ Research Project Board (comprising
its own officials/Industry Partners) to open and evaluate the responses of the bidders to the RFP.
17.3. Opening of Technical Proposals
The Client’s evaluation committee shall conduct the opening of the Technical Proposals online by intimating the Consultants’ authorized representatives with opening date and time. Financial Pro-posals, only for shortlisted bidders whose Technical Proposals qualify will be considered. Passwords of the Financial Proposals of the bidders whose technical proposals were not shortlisted will not be asked.
17.4. The Client may require the shortlisted consultants to make a presentation to the Proposal Evalua-
tion Committee (‘committee’).
18. Evaluation Process
18.1 The committee constituted by the client shall evaluate the responses to the RFP and all support-
ing documents / documentary evidence. The decision of the committee in the evaluation of re-
sponses to the Proposal /Expression of Interest with respect to the RFP shall be final. No corre-
spondence will be entertained outside the process of negotiation/ discussion with the Commit-
tee;
18.2 To assist in the examination, evaluation and comparison of Proposals, the client may at its dis-
cretion, ask the Bidder for clarification of its Proposal;
18.3 The client will examine the Proposal to determine whether it is complete, whether any compu-
tational errors have been made, whether the documents have been properly signed, and
whether the Proposal is generally in order;
18.4 Arithmetical errors will be rectified on the following basis: If there is a discrepancy between the
unit price and the total price that is obtained by multiplying the unit price and quantity, the unit
price shall prevail and the total price shall be corrected. If the Bidder does not accept the cor-
rection of errors, its Proposal will be rejected;
18.5 Prior to the detailed evaluation, the client would determine the substantial responsiveness of
each Proposal to the Request for Proposals (RFP). For purposes of this RFP, a substantially re-
sponsive Proposal is one which conforms to all the terms and conditions of the RFP without
material deviations. The client’s determination of a Proposal’s responsiveness is based on the
contents of the Proposal itself without recourse to extrinsic evidence;
18.6 Proposal determined as not substantially responsive will be rejected by the client and may not
subsequently be made responsive by the Bidder by correction of the non-conformity
19. Bid Evaluation and Selection Process
19.1. Overall evaluation of the bids will be done in two stages namely Technical and Financial evalua-tion based on Least Cost Selection (LCS).
19.2. Pre-qualification/Eligibility: Bidders participating in the procurement process shall possess the following minimum pre-qualification/ eligibility criteria as per Table-1.
Table 1: Pre-qualification Criteria
# Criteria Documents Required
1. Bidder should be registered under The Companies Act, 1956 or a partnership firm registered under LLP Act, 2008 with minimum 3 years of existence as on the date of floating of this RFP.
i. Copy of Certificate of Incorporation ii. PAN Card
iii. GST Registration
2. Bidder should have minimum average annual turno-ver of INR 1.5 Crore from similar services (i.e. social media related consulting /procurement services) dur-ing the last three financial years (FY 2019-20, 2018-19 and 2017-18)
i. CA Certificate, or ii. Relevant extracts of audited Balance
Sheets of last three FY (FY 2019-20, 2018-19 and 2017-18)
3. The Bidder must not be disqualified /blacklisted/ de-
barred by any state or central government or their
agencies and should not have been found guilty of
any criminal offence by any court of law, in the last
three (3) years as on the date of bid submission.
Self- declaration by the designated Authorized
Signatory on the letter head of the bidding or-
ganization in the format attached as Form 7 of
the RFP.
Supporting document towards designated Au-
thorised Signatory: Board resolution, or Power of
Attorney, signed by all the Directors of the bid-
ding organization.
4. Prior Experience: Bidder must have successfully exe-
cuted similar project/s in India, in last 3 years from the
date of publishing of this RFP, as per one of the fol-
lowing categories:
A. Minimum one project of value of INR 20 lakhs,
OR
B. At least two projects of value of INR 15 lakhs
each, OR
C. At least three projects of value of INR 10 lakhs
each.
(value of the projects are inclusive of taxes)
Completion Certificates from the respective cli-
ent, OR
Work Order + Self Certificate of Completion
(Certified by the Statutory Auditor), OR
Work Order + Phase Completion Certificate
from the client
19.3. An evaluation committee i.e. ‘Project Board’ (comprising NASSCOM/ SSC NASSCOM officials/In-
dustry Partners etc.) will be established to evaluate the proposals/ responses of the Bidders.
Project Board will evaluate the submitted proposals following Least Cost Selection (LCS)
method in two stages, i.e.:
• Stage 1: Technical Evaluation
• Stage 2: Financial Evaluation
19.4. Stage 1: Technical Evaluation
• Technical Proposals submitted by the Bidders will be evaluated as per Technical Evaluation Criteria
mentioned below.
o Bidders must score minimum 85 marks out of 100 to qualify Technical Evaluation stage.
• Technical Evaluation Criteria: Bidders to submit the Technical Proposals as per Table-2.
Table 2: Technical Evaluation Criteria
# Evaluation Parameter Categories Max Marks Documents Required
1 Average annual turnover for
last three financial years (i.e.
2019-2020, 2018-19 and 2017-
18) from similar services i.e. so-
cial media related consulting
/procurement services.
• Equal or more than 5 Cr:
20 Marks
• Equal or more than 3 Cr
upto 5 Cr: 15 Marks
• Equal or more than 1.5
Cr upto 3 Cr: 10 Marks
20 Marks CA Certificate on Average
Turnover and
Form 4 as per template at-
tached.
2 Past Experience-
Project executed of value of
more than INR 10 lakhs (inclu-
sive of taxes) of similar nature
2 Marks per project to the
maximum of 20 Marks
20 Marks Letter from respective cli-
ent, OR
# Evaluation Parameter Categories Max Marks Documents Required
in India in last five years from
the date of submission of Pro-
posal.
Work Order + Self Certifi-
cate- Certified by the Statu-
tory Auditor
and
Form 2 as per template at-
tached.
4 ‘Approach and Methodol-
ogy’ capturing all the details
as per Form 5 attached.
Qualitative assessment
40 Marks Presentation in MS Power
point (max 7-8 slides)
(Virtual Technical Presenta-
tion by Bidder, if required)
5 Key Experts: Resume of the
team proposed for the Pro-
ject:
i. Account Manager - Cli-
ent Servicing
ii. SEO Expert
iii. Marketing Strategist
Qualitative assessment, ba-
sis:
• Educational Qualification
• Experience in relevant
field
10 Marks Form 3 as per attached tem-
plate
6 Tools and Assets: Already
available tools which could be
leveraged for the Project (e.g.
Hubspot, Google Data Studio,
Google keyword & display
planner, Google Webmaster &
MOZ/Ahref)
Qualitative assessment, ba-
sis fitment of the available
w.r.t Project’s require-
ments.
10 Marks Write- up covering the fit-
ment of the available tool/s
w.r.t Project’s requirement
(not more than 100 words
per tool)
Total 100 Marks
19.5. Stage 2: Financial Evaluation
• Financial Proposals will be opened only for technically qualified Bidders (scored 85 or more Marks in
Stage 1)
• Of the Financial proposals opened, the lowest quoted “Service Fee’’ (in %age) will be designated as
“L1” and others will be ranked as L2, L3 and so on in the increasing order of the quoted Media Com-
mission (in %age).
19.6. Negotiations:
Negotiations will be carried with the L1 Bidder as per the provisions of Chapter 6 of Manual for Procure-
ment of Consultancy and Other Services 2017 issued by Ministry of Finance.
19.7 Estimated Event Schedule
Event *Target Date
RFP issued / published on the website 22nd March, 2021
Pre- Bid Meeting 30th March, 2021
Last date of submission of proposal with solicited documents 22nd April, 2021
Shortlist Bidder’s basis their ‘Technical’ proposals 3rd May, 2021
Selection of the Consultant basis Technical and Financial Evaluation 10th May, 2021
Award of contract to the Consultant 22nd May, 2021
Commencement of implementation of Project post signing of the ‘Service
Agreement’
22nd May, 2021
*The dates are tentative; Bidder will be intimated in case of any change.
19.8. Criteria for award of contract
a) The client reserves the right to accept or reject any Proposal and to annul the solicitation process
and reject all Proposals at any time prior to award of contract, without thereby incurring any lia-
bility to the affected consultant or any obligation to inform the affected consultant(s) of the
grounds for the client’s action prior to expiration of the period of proposal validity. The client
would award the contract to the qualified consultant whose Proposal after being evaluated is
considered to be the most responsive to the needs of the organization and activity concerned.
b) Client’s right to vary requirements at time of award
c) The client reserves the right at the time of award of contract to vary the quantity of services and
goods specified in the RFP without any change in price or other terms and conditions on grounds
of mutual consensus.
19.9 Signing of the contract
o Within 2 days of receipt of the contract the successful Bidder shall sign and date the con-
tract and return it to the Client.
o The selected Bidder/ Proposer/ Consultant will be notified in writing by the client. As
noted earlier in this document, this date is subject to change at the sole discretion of the
client. The signing of a Contract/Agreement between the client and the Bidder/Pro-
poser/Consultant is subject to the approval of the client’s Funding Partner.
19.10 Contract Finalization
• The Contract/Agreement to be entered into between the selected vendor and client
would be finalized with the Bidder/Proposer/Consultant by the client and will contain cli-
ent standard terms and conditions. If, in the opinion of the client, it appears that a con-
tract will not be finalized with the selected Bidder/Proposer/Consultant within three (3)
days, negotiations with other Bidder/Proposer/Consultant submitting responsive pro-
posals may be undertaken.
20. Documents
The following set of documents needs to be submitted to qualify for the evaluation process. These documents are:
Annexure A
• Form 1: Covering letter with the Proposal in response to this RFP;
• Form 2: Relevant project experience;
• Form 3: Resource profiles;’
• Form 4: Details of the responding organization;
• Form 5: Approach and Methodology;
• Form 6: Commercial bid format;
• Form 7: Declaration from Bidders (no conflict of interest, debarment etc.)
• Form 8: General Clauses of the Contract with the Vendor
The formats for each of the above documents are included below. Bidder/Proposer/Consultant needs to submit the all the above documents with the proposed solutions for the problem statements and scope of work mentioned in this RFP.
Form 1: Covering letter with the Proposal in response to RFP notice (To be submitted on the Letterhead of the responding firm) {Place} {Date} To CEO, SSC NASSCOM NOIDA Ref: RFP Notification no <xxxx> dated <dd/mm/yy> Subject: Submission of proposal in response to the RFP for “Selection of Social Media Procurement Agency for FS Prime” Dear Sir,
1. Having examined the RFP document, we, the undersigned, herewith submit our proposal in re-sponse to your RFP dated <dd/mm/yy> for w.r.t. the subject concerned in full conformity with the said RFP document.
2. We attach our technical response and our commercial quotation; the technical response as a softcopy and the commercial response in a separate sealed cover as requested, both of which together constitutes our proposal, in full conformity with the said RFP.
3. We undertake, if our proposal is accepted, to adhere to assign a team dedicated to the successful completion of this project.
4. We have read the provisions of RFP and confirm that these are acceptable to us. We further de-clare that additional conditions, variations, deviations, if any, found in our proposal shall not be given effect to.
5. We undertake, if our proposal is accepted, to adhere to the scope of engagement or such a mod-ified plan as may subsequently be mutually agreed between us and SSC NASSCOM or its appointed representatives.
6. We agree to unconditionally accept all the terms and conditions set out in the RFP document.
7. We affirm that the information contained in this proposal or any part thereof, including its exhib-its, schedules, and other documents and instruments delivered or to be delivered to through this proposal is true, accurate, and complete.
8. This proposal includes all information necessary to ensure that the statements therein do not in whole or in part mislead the SSC NASSCOM/NASSCOM as to any material fact. We agree that SSC NASSCOM is not bound to accept the lowest or any bid response you may receive. We also agree
that you reserve the right in absolute sense to reject all or any of the products/ services specified in the bid response without assigning any reason whatsoever. It is hereby confirmed that I/We are entitled to act on behalf of our corporation/company/ firm/organization and empowered to sign this document as well as such other documents, which may be required in this connection.
Dated this Day of 201___ (Signature) (In the capacity of) Duly authorized to sign the Bid Response for and on behalf of: (Name and Address of Company) Seal/Stamp of bidder
Form 2: Relevant Project Experience Part 1: Project Experience Summary
S No Name of the Project/ Engage-ment
Client name Duration(Period) Value
Part 2: Project Profile Template For each of the projects cited above, provide a brief project profile using the format given below. The profile for each project must be provided in less than 1 page.
SNo Item Details
1 Project title
2 Name of the Client
3 Name of the contact person from the client organization who can act as a reference with contact details:
• Name
• Designation
• Address
• Phone Number
• Mobile Number
• Email ID
4 Duration (Start Date and End Date)
5 Current Status
6 Number of personnel deployed (Peak team size)
7 Value of the engagement
8 Narrative description of project: (Highlight the compo-nents / services involved in the project that are of similar nature to the project for which this RFP is floated.
9 Description of actual services provided by the responding firm within the project and their relevance to the envis-aged components / services involved in the project for which this RFP is floated.
10 Description of the key areas where significant contribu-tions are made for the success of the project.
Form-3: Resource Profiles Using the format provided below, please provide the summary information on the team you propose for the project. Resource Summary
S. No Proposed Role Number of Re-sources
Education and Area of Expertise
Key Responsibili-ties
Form 4: Details of responding organization Bidder/Proposer/Consultant
S. No. Particulars Details to be furnished
1. Details of responding Company
Name
Address
Telephone Fax
E-mail - Website
2. Information about responding Company
Status of Company (Public Ltd. / Pvt. Ltd etc.)
Details of Registration (Ref e.g. ROC Ref #) Date
Ref #
Details of GST Registration
Date
Ref #
2.1 Number of professionals / technically quali-fied personnel (on the rolls of the Company as on March 1st, 2021) providing social media procurement services (excluding temporary staff)
2.2 Profit in last three(3) financial Years (i.e. 2019-2020, 2018-19 and 2017-18) as re-vealed by Audited Accounts/ certified bal-ance sheet
3. Company Profile (Operations in India)
3.1 Average turnover from Indian Operations from social media procurement services in last 3 years, (i.e. 2019-2020, 2018-19 and 2017-18)
(Turnover in Rs Crores)
3.2 Full-time professional staff engaged for vari-ous projects
( Number of Staff)
3.4 Extent of operations in India (national spread) i.e. number of offices in India (client specific / project specific offices should not be taken into account)
( Number of Offices in different cities/towns and their address)
Form 5: Approach and Methodology
a) Approach & Methodology:
• Understanding of the objectives of the Project: extent to which the approach & work plan
respond to the objectives indicated in the scope.
• Completeness & responsiveness: extent to which the proposal responds exhaustively to all
the requirements of scope.
• Demonstration of understanding of the FS Prime’s requirements through providing:
o Solutions proposed & components.
o Technologies & Tools leveraged.
o Challenges & Risk Mitigation Strategy
o Client references
b) Presentation should cover the overall objective and the proposed activities to achieve the set objec-
tive:
• Driving site visitors should be broken down into milestones. Timing, cost and hence ROI. A
monthly tracker v/s the targeted numbers to ensure the campaign is on track if not then quickly
course correct.
• Strategy to achieve the KPI’s and the role and metric of each channel to achieve it. Evaluate the
holistic impact across all channels, reach and cost; not just individually. E.g what is the specific
role for FB/the plan to achieve its metric v/s the specific brand KPI’s, along with Instagram
(Reels) and LinkedIn etc.
• List of top 3 most innovative engagement driving case studies for a similar brand/ category exe-
cuted by the Consultant.
• Consultant point of view POV on
o Creating a Tech Skilling/ FS PRIME Community on social media platforms
o Affiliate marketing as a tool for course enrolments
• Details of regular testing protocol – to fine tune channels performance, Creative unit perfor-
mance, and investments across different platforms based on performance
• Strategy to build email lists
• Budget allocation recommendation on paid social v/s Paid Search
• Monthly top competitor scan
• Examples of collaboration with creative agency to ensure learnings are implemented quickly
• Usage of new features like Twitter Spaces, etc as they get released’
Bidder/Proposer/Consultant firm must showcase any value addition, innovation, or technology advance-
ment/integration that it proposes and feels will help NASSCOM/SSC NASSCOM to have both tangible and
intangible benefits from implementing the assignment. Further, for approach and methodology, the con-
sultant would seek inputs from SSC NASSCOM/NASSCOM after selection and bidder should be open to
adopt and accommodate changes accordingly.
Form 6: Financial Bid format (To be submitted by the bidder as per the format given below in a separate sealed cover)
1 2 3 4
Pass through Cost in
INR (inclusive of taxes)
Media Commission (in
% age) on Column 1
Media commission in
INR (inclusive of taxes)
Total Amount (inclu-
sive of taxes)
(Column: 1+3)
INR 25,00,000/-
Form 7: Declaration from Bidders (no conflict of interest, debarment etc.)
<<On the letter Head of the bidder>>
Declaration from Bidder
We, XXXXXXXX, hereby confirm that:
1. We do not have any conflict of interest or any unfair competitive advantage in relation to this bid,
<<Bid reference number>>;
2. We understand the Code of Integrity in Public Procurement and requirements of Integrity Pact
and confirm that we would follow the same with respect to this bid;
3. We understand the requirements and obligations for proactive disclosures if there are any conflict
of interest or any unfair competitive advantage and confirm that we would follow the same with
respect to this bid; and
4. We are not debarred from participating in any public procurement (presently and/or in the past).
If there are any conflict of interest/unfair competitive advantage/deviation to Code of Integrity in Public
Procurement or Integrity Pact/Debarment to participate in public procurements, describe the circum-
stances below:
Sign & Stamp
Form 8: General Clauses of the Contract with the Vendor
Representation and Warranties
Each Party hereby represents and warrants to the other Party as at the date of the Agreement that:
a) such Party has the full power and authority to enter into, execute and deliver this Agreement and to perform the transactions contemplated hereby and, if such Party is not a natural per-son, such Party is duly incorporated or organized or existing under the laws of the jurisdiction of its incorporation or organization;
b) the execution and delivery by such Party of this Agreement and the performance by such Party of the transactions contemplated hereby have been duly authorized by all necessary corporate or other action of such Party;
c) this Agreement will, when executed, constitute its valid and binding obligations; and d) the execution, delivery and performance of this Agreement by such Party and the consum-
mation of the transactions contemplated hereby will not (i) violate any provision of the or-ganizational or governance documents of such Party; (ii) require such Party to obtain any con-sent, approval or action of, or make any filing with or give any notice to, any governmental authority in such Party's country of organization or any other Person pursuant to any instru-ment, contract or other agreement to which such Party is a party or by which such Party is bound, other than such filing required as a result of the transactions contemplated herein; (iii) conflict with or result in any material breach or violation of any of the terms and condi-tions of, or constitute (or with notice or lapse of time or both constitute) a default under, any instrument, contract or other agreement to which such Party is a party or by which such Party is bound; or (iv) violate any order, judgment or decree against, or binding upon, such Party or upon its respective securities, properties or businesses.
Further, the Consultant represents and warrants that the Deliverables shall not infringe the intellec-tual property rights of NASSCOM and/or any third party.
Trademark Neither Party shall use other’s name, trademark, logo or other markings outside its organization with-out express written consent of the other Party, which may be withheld by the Party owning the same at its sole discretion. Provided that the Consultant may use NASSCOM’s name for credential purposes alone with NASSCOM’s prior written approval. In the event such approval is granted, any use of NASSCOM’s trademarks shall be done in accordance with the guidelines provided by NASSCOM and
the Consultant shall not do anything which would negatively impact such trademark, legally or rep-utationally.
Confidentiality Obligations Each Party (the "Receiving Party") undertakes to retain in confidence the terms of this Agreement and all other non-public information, technology, materials and know-how of the other Party dis-closed or acquired by the Receiving Party pursuant to or in connection with this Agreement, which is either designated as proprietary and/or confidential or, by the nature of the information or the circumstances surrounding its disclosure, ought to, in good faith, be treated as proprietary and/or confidential ("Confidential Information"). Provided that each Party may disclose the terms and con-ditions of this Agreement to its legal and financial consultants in the ordinary course of its business. Neither Party shall use any Confidential Information of which it is the Receiving Party for any purpose other than to carry out the activities contemplated under this Agreement. Each Party agrees to use all commercially reasonable efforts to protect Confidential Information of the other Party. Each Party shall also notify the other Party promptly in writing in the event such Party learns of any unauthorized use or disclosure of any Confidential Information that it has received from such other Party and will cooperate in good faith, at such other Party’s cost, to remedy such occurrence to the extent reason-ably possible. The restrictions set forth in this paragraph shall not apply to any information that:
i. Was known by the Receiving Party without obligation of confidentiality prior to disclosure thereof by the other Party;
ii. Was in or entered the public domain through no fault of the Receiving Party; iii. Is disclosed to the Receiving Party by a third party legally entitled to make such disclosure
without violation of any obligation of confidentiality; iv. Is required to be disclosed by applicable laws or regulations (but in such event, only to
the extent required to be disclosed and post giving notice, unless prohibited in law, to the other Party in order to enable such Party to obtain protective order); or
v. Is independently developed by the Receiving Party without reference to any Confidential Information of the other Party.
Upon request of the other Party, each Party shall return to the other all materials, in any medium, which contain or reveal all or any part of any Confidential Information of the other Party, provided that a Party may retain a copy of the Confidential Information of the other Party in case same is re-quired under applicable laws. In case of such retention, confidential treatment shall be afforded to such copy and same shall only be retained for such period as mandated by applicable law. Subject to the aforesaid, each Party will take appropriate action to prevent the making of unnecessary copies of Confidential Information of the other Party. The confidentiality obligations contained under this clause shall survive the termination or expiry of the Agreement.
Intellectual property in Existing Materials
Notwithstanding the provisions of this Agreement, all materials, information, software, models, methods and ideas existing with the Consultant as of the Effective Date and any generalized ideas,
concepts, know-how, methods, techniques or skills that are developed by the Consultant during the course of this study without relying on and/or incorporating Confidential Information of NASSCOM, but not incorporated into the work product with respect to the Project or Deliverables, including any enhancement or modification thereto (collectively, the "Existing Materials") shall re-main the property of the Consultant. All information gathered during the course of the study for the development of the work product for the Project as well as the Deliverables from the Partners will not rest with the Consultant.
Ownership of Work Product and data collected The Parties agree that the copyright and intellectual property rights in all Deliverables shall vest with NASSCOM. Any NASSCOM specific data collected during the course of providing the services hereun-der will not be used by the Consultant in relation to any services that it may render to third parties. Consultant hereby agrees to execute all necessary documents to irrevocably assign to NASSCOM all intellectual property rights and all other rights and interests of whatsoever kind or nature in the De-liverables generated under this Agreement for the entire world exclusively to the full extent permitted under applicable Law in perpetuity. Further, in case the Deliverables incorporates any intellectual property that belongs to the Consultant or which has been licensed by the Consultant from a third party (“Input IPR”), the Consultant hereby grants an irrevocable, worldwide and perpetual license to NASSCOM to use the Input IPR as part of the Deliverable. Further, NASSCOM shall, at its sole discretion, have the right to take appropriate steps to register any or all Deliverables in its own name without the requirement to obtain any permission or consent from the Consultant. In case of any such permission or consent of the Consultant being required under applicable law, the Consultant hereby irrevocably designates and appoints NASSCOM and its duly au-thorized officers and agents as its agent and attorney in fact, which appointment is coupled with an interest, to act for and in its behalf to execute, the required consent and to do all other lawfully per-mitted acts to further the purposes of this clause with the same legal force and effect as if executed by the Consultant.
The Consultant will not use the supporting data collected during the course of this Agreement as the basis of a relationship or report with any other third-party, including other consulting or advisory firms.
Use of Agreement Documents and Information
The Consultant shall not, without NASSCOM’s prior written consent, disclose the Agreement or any provision thereof, or any specification, plan, drawing, pattern, sample or information furnished by or on behalf of the NASSSCOM in connection therewith to any person other than a person employed by the Consultant or whose services the Consultant may utilise in terms of this Agreement in the perfor-mance of the Agreement. Disclosure to any such employed person shall be made in confidence and shall extend only as far as may be necessary for purposes of such performance. Further, prior to such disclosure, the Consultant shall ensure that it executes necessary documentation with the receiving party to make confidentiality obligations, no less stringent than as contained herein, applicable on such receiving party.
The Consultant shall not without NASSCOM’s prior written consent, make use of any document or information developed out of the Agreement. However, NASSCOM and its member organizations whose services NASSCOM may use to perform this Agreement can use this case as a reference when-ever required.
Notice
Any notice or other communication provided under this Agreement shall be in writing and shall be effective either when delivered personally to the other Party, or 5 (five) days following dispatch of such notice or communication by registered post (acknowledgement due), facsimile (with confirma-tion of delivery) or courier delivery services (with confirmation of delivery), addressed to such Party at the address set forth on the initial page of this Agreement. Either Party may designate a different address by notice to the other given in accordance with this Agreement. All notices must be in English.
Waiver
No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by the Party against which it is sought to be enforced. The delay or failure by either Party to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of that Party’s right to thereafter enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise of these rights or any other right.
Severability
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such term or provision shall not affect the other terms or provi-sions of this Agreement or this Agreement as a whole, but such term or provision shall be deemed modified to the extent necessary, in the court’s opinion, to render such term or provision enforceable. Upon such modification, the rights and obligations of the Parties shall be construed and enforced in accordance with such modification, preserving to the fullest permissible extent the intent and agree-ments of the Parties set forth in this Agreement.
Entire Agreement This Agreement, and any applicable appendixes, set forth the complete and exclusive understanding between the Parties and supersedes all prior agreements, conditions, warranties, representations, arrangements and communications, whether oral or written, with respect to the subject matter of this Agreement.
Liability Limitation
IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) ANY LOST PROFIT OR LOST SAVINGS (WHETHER RESULTING FROM IMPAIRED OR LOST DATA, SOFTWARE OR
COMPUTER FAILURE, SUPPORT FAILURE, OR ANY OTHER CAUSE), EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
It is expressly clarified and agreed that NASSCOM shall not be liable for any Third Party Claims made by the Third Party claimants against NASSCOM or <<Consultant>> with respect to the FSP Platform or Services provided hereunder and the same shall be addressed and settled by <<Consultant>> at its own cost and expense without any recourse to NASSCOM. Compliance, Indemnity and performance guarantee The Consultant will be solely responsible for compliance with any laws, ordinance, regulations and codes as may be applicable from time to time for the performance of this Agreement. Subject to the terms of clause 17, the Consultant hereby agrees to absolutely and unconditionally hold harmless and indemnify NASSCOM, its’ officers, employees, agents (“NASSCOM Indemnitees”) against any and all losses, liabilities, costs etc. incurred by or arising out of any claim made against any one or more of the NASSCOM Indemnities by reason of (a) breach of the terms of this Agreement by the Consultant; (b) the Deliverables provided to NASSCOM infringes the intellectual property rights of NASSCOM and/or any third party.
The indemnity obligations contained under this clause shall survive the termination or expiry of the Agreement. Within 10 (ten) business days from the date of execution of this Agreement, the Consultant shall pro-vide a performance guarantee issued by a nationalized bank in India for the amount equivalent to Rs.[●], (15% of the total Project cost) to NASSCOM in order to ensure the due and faithful performance by the Consultant of all its liabilities and responsibilities under the Agreement (“Performance Guar-antee”). This Performance Guarantee shall guarantee shall be a continuing guarantee remaining in full force and effect for the entire term of this Agreement. The Performance Guarantee may be in-voked, in part or full, by NASSCOM at any time during the term of this Agreement in order to recover any amount that may be owed to NASSCOM by the Consultant under this or any other Agreement between them. The Performance Guarantee shall, if not invoked, be returned after the Consultant has been relieved from all obligations under the Agreement.
Audit and Inspection Rights NASSCOM (whether itself or through its authorised agent) shall, at its own cost, be allowed to audit or inspect, during the normal business hours and upon prior notice to the Consultant, all books, rec-ords, returns, accounts and other financial information of the Consultant relating to the Project and the Deliverables. Further, the Consultant agrees that if NASSCOM is requested by the relevant Gov-ernmental authority to make available to such authority any records, documents etc. in respect of the Consultant, the Project and/or the Deliverables, the Consultant shall extend all necessary support to enable NASSCOM to comply with such request within the timelines stipulates by such Governmental authority.
Escalation Procedure
Should there be a dispute between the Parties concerning any matter arising from or in connection with this Agreement, the Parties will use their reasonable endeavours to settle the matter amicably through mediation. If such dispute is not settled between the Parties within 30 (thirty) days of the matter being submitted to mediation, either Party may pursue any remedy it may have under this Agreement under clause 20. Jurisdiction and Arbitration This Agreement shall be governed by and interpreted in accordance with the laws of India. In the event of any dispute or difference between the Parties hereto, the courts in New Delhi alone shall have exclusive jurisdiction and accordingly both the Parties submit to the exclusive jurisdiction of courts in New Delhi.
Where Parties fail to resolve any dispute/s arising about any aspect of the Agreement in accordance with the provisions of clause 19 herein, the dispute/s will be settled by arbitration in accordance with the procedure and provisions of the Arbitration and Conciliation Act, 1996 and all statutory enact-ments and modifications thereof and the rules made there under. The arbitration shall be conducted by a sole arbitrator to be appointed by NASSCOM and the language of arbitration shall be English. The venue and seat of arbitration shall be New Delhi and unless otherwise determined by the arbi-trator, each Party should bear its own arbitration costs. Termination
Either Party may terminate this Agreement by providing a 30 (thirty) days prior written notice to the
other Party in case such other Party is in breach of the terms and conditions of this Agreement and fails to remedy such breach within the stated 30 (thirty) days. Notwithstanding anything contained herein, any incident of non-payment of Service Fees by NASSCOM under this Agreement, where same is occasioned by non-receipt of relevant governmental grant by NASSCOM, shall not constitute a breach on part of NASSCOM and will not give rise to any right on part of the Consultant to stop per-forming its obligations under this Agreement.
NASSCOM shall have the right to terminate this Agreement: a. by providing a 30 (thirty) days prior written notice to the Consultant, in case performance of this
Agreement is inordinately delayed due to the Consultant being affected by a Force Majeure event; b. forthwith by giving a notice, if any representation or warranty made by the Consultant in this
Agreement is false, inaccurate or is breached in any material respect and this is reasonably likely to have an adverse effect on the ability of the Consultant to perform obligations under the Agree-ment or provide Deliverables;
c. forthwith by giving a notice, if Consultant becomes subject to any litigation, arbitration or admin-istrative proceeding, which may have an adverse effect on the Deliverables or FutureSkills Prime Program.
Further, NASSCOM shall be entitled to forthwith terminate this Agreement by notice to the Consultant in case the relevant government authority cancels the FutureSkills Prime Program for any reason or amends the FutureSkills Prime Program in such manner so as to make the scope of services required to be provide by the Consultant hereunder redundant. In such case, notwithstanding anything con-tained herein, NASSCOM will not entertain any expense claim arising out of fully or partly execution of this Agreement.
Upon termination of this Agreement, the Consultant shall immediately return all NASSCOM Confi-dential Information to NASSCOM and discontinue using any resources, including intellectual prop-erty, provided by NASSCOM to the Consultant for provisioning of the Deliverables. Further, the Con-sultant shall handover all completed Deliverables as well as any work in progress under this Agree-ment.
Amendment of the Agreement If during the operation of the Agreement, circumstances may rise which call for alteration/ modifica-tion to this Agreement, such alteration / modification shall be mutually discussed and agreed upon in writing between the Parties and be formalized in writing as an addendum to this Agreement. Consultant’s Liability The Consultant's employees shall under no circumstances be deemed to be NASSCOM’s employees and the Consultant shall hold itself responsible for any claim(s) which its employees or their heirs, dependents or representative may have or make for damages or compensation for anything done or omitted to be done in course of performing this Agreement, whether arising on NASSCOM’s premises or elsewhere and agrees to indemnify and hold harmless NASSCOM against all and any such claim(s), if made against NASSCOM.
Financial Terms Total commercial fees agreed to is INR ________________ (inclusive of GST @___) (“Media Commis-sion + Pass through cost”) for the Deliverables provided under the Agreement. The Media Commission shall be payable in the manner provided under the Appendix 1, subject to terms contained hereunder. All payments hereunder shall be subject to such deductions as may be required under applicable laws. The Consultant shall pay or cause to be paid when due, but not by way of limitation all taxes including goods and service tax arising out of the Agreement and provide NASSCOM with necessary proofs with respect to the same. Consultant agrees that any direct tax liability for commercial fees earned under this Agreement would solely be to the account of the Consultant. The Parties further agree that the payment of the commercial fee shall be subject to (a) receipt of Deliverables in form and manner satisfactory to NASSCOM; and (b) release of funds from relevant Government authority to NASSCOM under FutureSkills Prime Program. NASSCOM shall, notwith-standing any provision to the contrary included in this Agreement, be entitled to deduct from and/or set off against any amount due to the Consultant under this Agreement, any and all amounts which the Consultant is liable to pay to NASSCOM under this Agreement or otherwise. Liquidated Damages for delay If the Consultant fails to deliver the Deliverables in accordance with the terms of this Agreement, NASSCOM may without prejudice to all other remedies available to it under this Agreement, be enti-tled, as liquidated damages, to an amount equivalent to 0.5% percentage of the Service Fees for each day or part thereof of delay until actual delivery or completion of Deliverables to the satisfaction of NASSCOM. Force Majeure
Notwithstanding anything contained in this Agreement, NASSCOM or the Consultant shall not be lia-ble for liquidated damages or termination for default, if and to the extent that, the Party’s delay in performance or failure to perform its obligations under the Agreement is the result of an event of Force Majeure. For purposes of this clause, “Force Majeure” means an event beyond the control of the Party impacted by such event and not involving fault or negligence foreseeable by such Party, such as strikes, lockouts, act of God, act of war, floods, declared epidemics, pandemics, quarantine restrictions and freight etc. and which such affected Party could not have prevented by good industry practice or by the exercise of reasonable skill and care. If a Force Majeure situation arises, the affected Party shall promptly notify the other in writing of such conditions and the cause thereof no later than 7 (seven) days after the occurrence of such Force Majeure event; and such notice shall include a brief description of the event or circumstances of Force Majeure, the portion of work affected, an estimate of the anticipated delay and all substantial evidences for such Force Majeure. No later than 4 (four) days after the cessation of any continuing circumstances comprising Force Majeure, the affected Party of such Force Majeure shall give the other Party notice of the date of such cessation. The burden of proof of the occurrence of a Force Majeure event rests with the asserting Party. In cases wherein the Consultant is the affected Party, unless otherwise directed by NASSCOM in writing, the Consultant shall continue to perform its obli-gations under the Agreement as far as reasonably practical and shall seek all reasonable alternative means for performance not prevented by such Force Majeure event. The Parties may mutually agree in writing to extend the timelines for delivery of the Deliverables by the Consultant on account of such Force Majeure event.
Assignment & Sub-Contracting Unless permitted by NASSCOM in writing, the Consultant shall not assign or transfer, in any manner whatsoever, its rights and obligations under this Agreement to any third party (including its affiliates). Provided, NASSCOM shall be entitled to assign this Agreement, in whole or any part, with prior inti-mation to the Consultant. Provided that where assignment of this Agreement occurs, the assignee shall have executed an instrument accepting such assignment and assuming the obligations of the assignor hereunder. Further, the Consultant shall not be entitled to sub-contract any part of the services required to be provided hereunder to any third party (including its affiliates) without NASSCOM’s prior written con-sent.
Survival or Provisions
In order that the Parties may fully exercise their rights and perform their obligations hereunder arising
from the performance of the Deliverables, such provisions of the Agreement as are expressly stated to
survive or are required to ensure such exercise or performance, shall survive the termination of this
Agreement.
Annexure B
Selection of ‘Social Media Procurement Agency’ for FutureSkills PRIME (FSP) Program
1. Background
NASSCOM, a not-for-profit industry association, is the apex body for the 180-billion-dollar IT BPM industry in India, an industry that had made a phenomenal contribution to India's GDP, exports, employment, infrastructure and global visibility. In India, this industry provides the highest em-ployment in the private sector. Established in 1988 and ever since, NASSCOM’s relentless pursuit has been to constantly support the IT BPM industry, in the latter’s continued journey towards seeking trust and respect from varied stakeholders, even as it reorients itself time and again to remain innovative without ever losing its humane and friendly touch. NASSCOM is focused on building the architecture integral to the development of the IT BPM sec-tor through policy advocacy and help in setting up the strategic direction for the sector to unleash its potential and dominate newer frontiers. About FutureSkills PRIME FutureSkills PRIME (Programme for Re-skilling/ Up-skilling of IT Manpower for Employability) The Government of India through MEITY and NASSCOM have partnered to build India’s Digital Talent Stack through FutureSkills PRIME, an online platform that aims to reskill & upskill Indian citizens and aims to impact 4 lakh beneficiaries over the next three years. The programme aims “to create a re-skilling/ up-skilling ecosystem in emerging and futuristic technologies to facilitate continuous skill as well as knowledge enhancement of the IT profession-als in line with their aspirations and aptitude in a self-paced digital skill environment." This is envisioned as a first of its kind initiative in the field of skills training which would essentially follow an ‘aggregator of aggregators’ approach with the entire platform being hosted online. The platform would provide interested candidates with multiple options to address their skilling needs. NASSCOM/ SSC NASSCOM intends to enable paid media promotion campaigns to achieve tar-geted KPIs (Key Performance Indicators) of number of visitors on FS PRIME website, sign-ins at FS PRIME portal and to influence users to register and complete the courses.
2. Project Details including Budget, Scope of Work and Deliverables This Project will include paid media promotion through leading social media platforms including LinkedIn, YouTube, Facebook, Twitter, Reddit, Instagram and paid Search Engine Optimization.
A. Duration of the Project: One year Annual Budget: INR 25 lakh inclusive of all applicable taxes and ‘media commission’ payable to the Consultant.
• The budget/volume of the project may vary 5-10% at the time of execution.
• Annual budget will be mentioned in the RFP to enable the Bidder to quote their ‘media com-mission’ depending upon the volume of purchase.
• The bidders will submit the commercial proposals mentioning their media commission in per-
centage, like 10%, 8% of the pass- through cost (i.e. actual amount spent by the Consultant procuring the services mentioned under the scope of work of this document.)
• Actual bills of pass-through cost will be submitted by the Consultant and media commission will be paid basis the same.
B. Desired outcome of the Project
• Annual minimum target commitment - 3,50,000 unique visitors o A visit will be counted, when:
o average continuous time spent is minimum 20 seconds on FSP website and, o bounce rate is less than 60%
C. Scope of Work and Expected Deliverables
The scope of work under this Project (but not limited to):
# Particular Expected Deliverables
1 Planning w.r.t Digital Media buying: Creation of ‘Promotion
Plan’ w.r.t ‘Digital Media buying’ including posts, campaigns,
events etc.
ii. Complete annual ‘Promotional Plan’
▪ To be submitted to NASSCOM/ SSC NASSCOM for
approval within 7 days of signing the Service Agreement.
iii. Monthly ‘Promotional Plan’, for the entire duration of
the Project
▪ To be submitted to NSASSCOM/ SSC NASSCOM every
month before 20th of the preceding month.
• Timely submission of annual and monthly
‘Promotional Plans’
• Applicability of ‘Promotional Plans’ w.r.t tar-
get achievement
2 Digital Media Advertising: Publishing digital advertisements
on various online platforms like YouTube, Twitter, LinkedIn,
Facebook, Instagram etc.
i. Increasing the visitors on FSP website via social media
channels including YouTube
ii. Outreach corporate thought leaders and key influencers
from Government, Policy Making Agencies, Academia
through Twitter
o undertake Twitter trending once a month (all-India
trending, for a minimum of 2 hours) for the hashtag,
as suggested by NASSCOM/SSC NASSCOM.
• Execution as per monthly ‘Promotional Plan’
approved by NASSCOM/ SSC NASSCOM,
without deviation.
• Submission of monthly reports capturing de-
tails of all identified social media platforms sep-
arately w.r.t:
o Approved plan v/s actual execution
o Details of actual execution capturing amount
spent, no. of impressions, reach, web-
site visits, link clicks, CTR, cost per
clicks, best posts etc
# Particular Expected Deliverables
iii. Connecting with ‘Working Professionals’ through
iv. Reaching out to students of STEM and non-STEM colleges
through Facebook
v. Increasing the number of visits at FSP website via Insta-
gram
o Additional specific details to be reported for
these platforms:
– YouTube: number of non-skippable
videos per month
– Twitter: number of tweets per
month
– LinkedIn: number of posts per month
3 Off page SEO optimization to ensure NASSCOM FSP website
appears on top of the result list, of the search made, at lead-
ing search engines like Google, Bing etc.
Submission of Monthly report capturing-
• detailed analytics
• details related to web traffic including
keyword rankings
D. Approval Methodology
Annual and monthly ‘Promotional Plan’ submitted by the Consultant will be approved by the Client
within 5 days from the date of submission, in writing by the Project Lead.
The Consultant will work under the overall direction and guidance of Project Lead, FutureSkills PRIME
The Consultant is required to get the prior approval from Client in writing, for any kind of creations/cre-
atives/videos/content etc. for uploading/publishing on the various social media platforms.
E. Duration and Timeframe of key Deliverables and Reporting
Execution of the project will be done by the Consultant as per approved ‘Promotional Plan’ by the Client,
without any deviation.
Project Review and Reporting: Expected review structure detailed below (may change as per project re-
quirements)
# Frequency Participants
1 Weekly Project Execution Teams of Consultant and Client
2 Fortnightly Project Execution Teams of Consultant and Client and Project Lead
3 Monthly To be decided by the Client at the time of finalizing the Service Agreement
4 Quarterly To be decided by the Client at the time of finalizing the Service Agreement
*End of Document*
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