effective use of consultant

SEMINAR

on

"Capacity Building for effective use
of Consultants"

Organised by

CONSULTANCY DEVELOPMENT CENTRE
An Autonomous Institution of DSIR, Ministry of Science &
Technology, Govt. of India

An Autonomous Institution DSIR, Ministry of Science &
Technology, Govt. of India

“Capacity Building for effective use of Consultants”
PROGRAMME SCHEDULE (Tentative)

0930 - 1100 SESSION - I
Welcome
l and Introduction
About
l Consultancy Development Centre
Need
l for engaging consultants

1100 - 1130 Tea/ Coffee Break

1130- 1300 SESSION - II

Pre-qualification/Shortlisting of
l
Consultants (EOI)
Proposal
l Invitation (RFP)

1300- 1400 Lunch

1400- 1530 SESSION - III
Evaluation
l of Proposals
Agreement
l Between Client and Consultant

1530 - 1600 Tea/ Coffee Break

1600 - 1700 SESSION - IV
Getting
l Best out of Consultants

CONTENTS

Chapter Description Page No

I Introduction 1-4

II Expression of Interest 5 -6
III Selection of Consultants 7 - 17
IV Other Methods of Selection 18 - 19
V Types of Contracts 20 - 21
VI Important Provisions in RFP/Contract 22 - 25
VII Selection of Individual Consultants 26
Appendix I 27 - 28
Appendix II 29 - 33

Chapter – I
Introduction
1.1 Purpose

1.1.1 The purpose of these Guidelines is to define the Government of India’s
broad policies and procedures for selection, contracting and monitoring of
consultants and other professional services providers financed from Govt. of
India’s resources. Projects funded partially or in whole by loan/grant from
International organizations like International Bank for Reconstruction and
Development (IBRD), International Development Association (IDA) or grant from
the Bank or trust funds would normally be governed by guidelines agreed to in
the respective loan/credit agreement with them.

1.1.2 For the purpose of these Guidelines, the term consultant(s) includes a wide
variety of private and public entities, including consulting firms, engineering firms,
construction management firms, management firms, procurement agents,
inspection agents, auditors, investment and merchant bankers, universities,
research institutions, government agencies, non governmental organizations
(NGOs) and individuals/experts. These organizations as consultants could be
used for help in a wide range of activities – such as policy advice; institutional
reforms; management; engineering services; construction supervision/ project
management; feasibility studies, financial services; privatization studies and
procedures, procurement services; social and environmental studies; and
identification and preparation of projects, development of Computer hardware
/software services etc. to complement the capabilities of the Government Ministry
/ department or other Government authorities( referred as “employer” hereafter).

1.2 When and how to engage Consultant

1.2.1 The specific purpose and the specific rules and procedures to be followed
for employing Consultants depend on the circumstances of the particular case.
However, following main considerations would guide the need and the selection
process:-

(a) Absence of required expertise in-house;
(b) The need for high quality services;
(c) The need for economy and efficiency;
(d) The need to have qualified Consultants for providing the
specific services;
(e) The importance of transparency in the selection process;
(f) The identification of scope of work and the time frame for
which services are to be availed of.
1.2.2 Engagement of Consultants / professional service providers in any office
of the Government of India will follow the guidelines for administrative and
financial sanctions as laid down by the Government of India from time to time.

1

1.2.3 Engagement of Officials of Government of India or Retired Officers either
in their individual capacity or as a part of a Consultant’s team will be made
keeping in view the guidelines of the Government of India (Department of
Personnel & Training) issued from time to time on this subject.

1.3 Applicability of Guidelines

1.3.1 These guidelines are applicable for selection of consultants by any Ministry
/ department / organization of Government of India where the costs of the
Project/Assignment are funded by the Government of India.
1.3.2 The consulting services to which these Guidelines apply are of an
intellectual and advisory nature. These Guidelines do not apply to other types of
services in which the physical aspects of the activity predominate (for example,
construction of works, manufacture of goods, operation and maintenance of
facilities or plant).

1.4 Consortium of Consultants
Consultants may associate with each other to form a consortium to complement
their respective areas of expertise, or for other reasons. Such an association may
be for the long term (independent of any particular assignment) or for a specific
assignment. The consortium may take the form of a joint venture or of a sub
consultancy. In case of a joint venture, all members of the joint venture shall sign
the contract and shall be jointly and severally liable for the entire assignment.
Even after the short list is finalized, and Request for Proposals (RFPs) are
issued, any association in the form of joint venture or sub consultancy among
short-listed firms shall be permissible. Under such circumstance, one of the short-
listed consultants must become the lead member of the consortium and the
Employer shall only deal with the lead member for all the purposes.

1. 5 Selection of Consultants
1.5.1 For selection of the consultants, normally, the employer shall adopt
two stage procedure in terms of Rules 168 to 175 of General Financial Rules,
2005. In the first stage, the employer shall identify the likely sources on the basis
of formal or informal enquiries and by inviting Expression of Interest (EOI)
through advertisement as per Rule 168 of GFRs. On the basis of responses
received, Consultants meeting the requirement will be short listed for further
consideration. In the second stage, the short-listed consultant will be invited to
submit (Request for Proposals or RFP) their Technical and Financial Proposals.
The consultant shall be selected based on evaluation of their Technical and
Financial bids, the details of which are provided in Chapter III.

1.5.2 The selection of consultant shall follow any of the following methods; as
considered appropriate:
1. Quality and Cost Based Selection (QCBS): Under normal circumstances, this
method of evaluation shall be used.

2

2. Combined Quality Cum Cost Based System (CQCCBS): This method of
selection shall be used for highly technical projects where weightage needs to be
given to higher technical standards, while finalizing the prices, as per para 3.12
below.
3. Quality Based Selection (QBS): This method of selection may be used under
the following circumstances:
(i) the outcome of the assignment will have high impact and hence it is essential
to engage most qualified consultant. Examples are national policy formulation;
capacity building program etc.
(ii) the assignment is very complex or highly specialized where it is difficult to
define scope of work with accuracy. Examples are country specific study; reforms
related studies, high precision scientific work etc.
4. Cost Based Selection (CBS): This method of selection may be used for the
assignments of following nature: (i) assignment where any experienced
consultant can deliver the services without requirement of specific expertise.
Examples are traffic surveys, market surveys etc. and (ii) cost of which shall not
exceed Rs. Ten lakh.
1.5.3 Selection by direct negotiations: The selection by direct
negotiations/nomination is permissible in terms of Rule 176 of General Financial
Rules, 2005 under exceptional circumstance such as (a) for tasks that represent
a natural continuation of previous work carried out by the firm, (b) in case of
emergency situation, situation arising after natural disasters, situations where
timely completion of the assignment is of utmost importance, (c) situations where
the execution of assignment may involve use of proprietary techniques or only
one consultant has requisite expertise. Such selection may normally be
restricted to a financial ceiling of Rs. Ten lakh.

1.6 Consultancy Evaluation Committee (CEC)
For all cases having financial implications of more than Rs. Ten lakh, a CEC
comprising of at least three members at appropriate level including Financial
Adviser or his representative and also a representative of the user shall be
constituted by the employer in order to carry out the consultant selection
procedure. The CEC shall be responsible for all aspects and stages of the
consultant selection i.e. issuance of EOI, evaluation of EOI, short-listing of
consultants, deciding Terms of Reference, issuance of RFP, evaluation of
technical and financial proposals, negotiations and final selection of the
consultant. Even in case of selection of consultant by direct negotiations having
financial implication of more than Rs. 10 lakh, the CEC shall negotiate with the
consultant on technical and financial aspects.
[Note: Separate committees may be constituted for separate assignments.]

1.7 Consultancy Monitoring Committee (CMC)
1.7.1 The employer shall constitute a CMC comprising at least three members at
appropriate level, including user’s representative, after the selection procedure is
over for monitoring the progress of the assignment. If considered appropriate, the

3

employer may select all or any of the members of CEC as members of CMC. The
CMC shall be responsible to monitor the progress of the assignment, to oversee
that the assignment is carried out as per agreed TOR and contractual conditions,
to assess the quality of the deliverables, to accept / reject any part of assignment,
to levy appropriate liquidated damages or penalty if the assignment is not carried
out as per the contract and if the quality of services is found inferior and for any
such deficiency related to the completion of the assignment.

1.7.2 For the assignments which are very complex and/or are of highly technical
nature, the employer may decide to appoint another qualified consultant to assist
the CMC in carrying out its functions. However, the cost of such additional
consultant shall not exceed five per cent [5 %] of the total cost of the assignment
monitored.

1.7.3 The employer may also include in CMC individual experts from Government
/ private sector / educational / research institute or individual consultants. Cost of
such members, if any, shall be borne by the employer.

1.8 Forms of Contracts
1.8.1 Various forms of the contracts may be entered into by the Employer with
the consultant depending upon the nature of the assignment. Following are
various forms of contracts:
(i) Lump sum contract;
(ii) Time based contracts;
(iii) Success fee based contract;
(iv) Percentage contract;
(v) Indefinite delivery contract.
1.8.2 The lump sum contract is the preferred form of contract and under normal
circumstances, the employer shall use this form of contract. The other forms of
contract shall only be used under special circumstances, as specified in Chapter
V.

4

Chapter-II
Expression of Interest

2.1 Invitation of Expression of Interest
For all consultancy contracts exceeding estimated cost of Rs. 50 lakh except in
cases of nomination or where direct negotiation is carried out, an advertisement
called “invitation for Expression of Interest” (EOI) shall be released in at least one
National Newspaper and the Ministry’s website for preparing the short list.
Attention of known reputed consultants may also be separately drawn wherever
possible. Advertisement in newspapers may be brief and shall give reference to
departmental website. The advertisement must include, among other things, the
last date of submission of EOI, how to get copy of EOI document, contact
information of the employer with name of contact person etc.

2.2 EOI Document

2.2.1 The Employer shall prepare an EOI document. The EOI document shall
contain following information:
(i) Invitation to EOI: It shall include a copy of the advertisement whereby
consultants are invited to submit their EOI.
(ii) Brief about objectives and scope of work : This may include brief
description about objective of carrying out the assignment, broad scope of
work and expected deliverables of the assignment. This may also include
the place of execution of the assignment.
(ii) Instructions to the Consultants: It may include instructions regarding
nature of job; submission requirement; requirement of bid processing fees; if
any; last date of submission; place of submission; and any related
instruction;
(iii) Pre-qualification Criteria; this may clearly lay down the pre-
qualification criteria which shall be applied by the employer for short listing
the consultants.
(iv) Formats for submission. This section shall specify the format in which
the consultants are expected to submit their EOI.

2.2.2 The employer shall make available the copies of the EOI document to the
interested consultants in hard copies as well as on its web site.

2.3 Short List of Consultants

2.3.1 The Employer shall evaluate the consultants for short listing, inter-alia,
based on their past experience of handing similar types of projects,
strength of their man power and financial strength of the firm.
2.3.2 The employer may assign scores to the response of each consultant
based on weightages assigned to each of the criteria in EOI. Normally,
the following weightages may be used for such evaluation:

5

Sr. No. Criteria Weightage
1 Past Experience of The firm 60%

• Number of years experience 20%
• Past Experience of studies of similar 50%
nature.
• Past experience in carrying out 20%
studies in related sectors.
• Studies carried out in India. 10%

2 Experience of Key Personnel. 25%
• Qualifications 30%
• Relevant Experience 70%
3 Financial Strength of the Consultant. 15%

• Turnover figure for Last three Years. 50%
• Net Profit Figure for Last three years 50%

2.3.3 The Employer shall short list all the consultants who secure the minimum
required marks [normally 50%]. The minimum qualifying requirement shall be
specified in the EOI document.
2.3.4 Alternatively, the employer may specify in the EOI document minimum
qualifying requirement for each of the criteria i.e. minimum years of e•perience,
minimum number of assignments e•ecuted, minimum turnover etc. Under such
circumstances, the employer shall apply pass-fail test and short list all the
consultants who meet the minimum requirement as specified.
2.3.5 The short lists shall normally comprise at least three firms.
2.3.6 The short list may comprise only national consultants (firms registered or
incorporated in the country), if the EOI document specifically states so.

2.4 Cost Based Selection
2.4.1 For small assignments, where the employer decides to select the consultant
based on CBS method, the consultant shall be selected following single stage
bidding procedure. Under single stage bidding procedure, the employer shall
invite financial proposals along with the EOI in two separate envelopes.
2.4.2 The financial proposals of all the consultants who have been short listed, as
per clause 2.3 above, shall be opened in the presence of the short listed
consultants who choose to remain present. The consultant, who has submitted
the lowest financial bid, shall be selected as the L1 and shall be called for further
negotiations.

6

Chapter -III
SELECTION OF CONSULTANTS

3.1 Once the short listing of consultants is completed, the employer shall
start the process of final selection of the consultant.
The selection process generally includes the following steps:

(a) preparation of Terms of Reference (TOR);
(b) preparation of cost estimate and the budget;
(c) preparation and issuance of the Request for Proposals
(RFP);
(d) pre-bid meeting;
(e) receipt of proposals;
(f) evaluation of technical proposals: consideration of quality;
(g) public opening of financial proposals;
(h) evaluation of financial proposal;
(i) selection of the winning proposal;
(j) negotiations with the selected consultant, if required
(k) award of the contract to the selected firm.

3.2 Terms of reference
The Employer shall be responsible for preparing the TOR for the
assignment. TOR shall be prepared by those who have sufficient
knowledge and experience in the area of the assignment. If the
required experience is not available in-house, the task of
preparation of the TOR can also be assigned to experienced
consultants.
The TOR shall include:
i) Purpose/ objective of the assignment;
ii) Detailed scope of work;
iii) Expected input of key professionals (number of experts, kind of
expertise required);
iv) Proposed schedule for completing the assignment;
v) Reports/deliverables required from the consultant.
vi) Background material, records of previous surveys etc. available
and to be provided to the consultant
vii) Facilities such as local conveyance, office space, secretarial
assistance etc., which can be provided to the consultant
viii) Procedure for review of the work of consultant after award of
contract

7

The scope of the services described in the TOR shall be compatible
with the available budget. TOR shall define clearly the objectives,
goals, and scope of the assignment and provide background
information (including a list of existing relevant studies and basic
data) to facilitate the consultants’ preparation of their proposals. If
transfer of knowledge or training is also an objective, it should be
specifically outlined along with details of number of staff to be
trained, and so forth, to enable consultants to estimate the required
resources. TOR shall list the services and surveys necessary to
carry out the assignment and the expected outputs (for example,
reports, data, maps, surveys). However, TOR should not be too
detailed and inflexible, so that competing consultants may propose
their own methodology and staffing. Firms shall be encouraged to
comment on the TOR in their proposals. The employer’s and
consultants’ respective responsibilities should be clearly defined in
the TOR.

3.3 Cost Estimate (Budget)
Preparation of a well-thought-through cost estimate is essential if
realistic budgetary resources are to be earmarked. The cost
estimate shall be based on the employer’s assessment of the
resources needed to carry out the assignment: staff time, logistical
support, and physical inputs (for example, vehicles, laboratory
equipment). Costs shall be divided into two broad categories:
(a) fee or remuneration (according to the type of contract
used) and (b) reimbursable, and further divided into foreign (if
applicable) and local currency payments. The cost of staff time shall
be estimated on a realistic basis for the personnel, as applicable, by
ascertaining the prevalent market conditions and consulting
other organizations engaged in similar activities.

3.4 Preparation and Issuance of the Request for Proposals (RFP)
3.4.1 Request For Proposal (RFP) is the bidding document in which the
technical and financial proposals from the consultants are obtained.
It contains the following:
(i) A letter of invitation (LOI)
(ii) Instructions to consultants (ITC)
(iii) Terms of Reference (TOR)
(iv) List of key positions / professionals required for the assignment
(v) Requirement of qualification and experience of the firm and of
the key professional staff
(vi) Criteria of bid evaluation and selection procedure
(vii) Standard formats for technical proposal
(viii) Standard formats for financial proposal
(ix) Proposed form of contract

8

The employer shall use the applicable standard RFP with minimal
changes as necessary to address project-specific issues. The
employer may use an electronic system to distribute the RFP. If the
RFP is distributed electronically, the electronic system shall be
secured to avoid modifications to the RFP and shall not restrict the
access of short listed consultants to the RFP.

The RFP will be sent only to the short listed consultants.

3.4.2 Letter of Invitation (LOI)

The LOI shall state the intention of the employer to enter into a
contract for the provision of consulting services, the details of the
employer and the date, time, and address for submission of
proposals.

3.4.3 Instructions to Consultants (ITC)

3.4.3.1 The ITC shall consist of two parts, (1) Standard information, and (2)
Assignment specific information. The assignment specific
information is added through “data sheet”. The ITC, therefore,
contains all necessary information that would help the consultants
prepare responsive proposals, and shall bring as much
transparency as possible to the selection procedure by providing
information on the evaluation process and by indicating the
evaluation criteria and factors and their respective weights and
the minimum passing quality score. The standard information
include clauses relating to the procedure of bid submission, the
procedure relating to pre-bid meeting, procedure for seeking
clarifications etc. The assignment / job specific information will be
prepared separately and it will include the date and time of bid
submission, contact address, the qualification criteria, the method of
selection, the evaluation process, the factors of evaluation and their
respective weights etc.

3.4.3.2 The ITC shall not indicate the budget (since cost is a selection
criterion), but shall indicate the expected input of key professionals
(staff time). Consultants, however, shall be free to prepare their own
estimates of staff time necessary to carry out the assignment. The
ITC shall specify the proposal validity period (normally 90-120
days).

3.4.4 Standard formats for technical and financial proposals

3.4.4.1 The standard formats for technical proposal include:

9

(i) Format for Letter of Proposal submission
(ii) Format for Consultant’s organization and experience
(iii) Format for Comments and suggestions on TOR
(iv) Format for Approach and methodology
(v) Format for Team Composition
(vi) Format for Curriculum Vitae of key professionals
(vii) Format for Staffing Schedule
(viii) Format for Work Schedule
(ix) Format for Comments / modifications suggested on draft
contract.
(x) Format for information regarding any conflicting activities and
declaration thereof.

3.4.4.2 The standard formats for financial proposal include:
(i) A summary sheet of the cost estimate to be quoted by the
consultant.
(ii) Remuneration payable.
(iii) Reimbursables.

3.4.5 Proposed form of contract

3.4.5.1 The contract includes accepted TOR methodology, general and
specific conditions of contract, etc. wherever possible, the
employer shall use the Standard Form of Contract.

3.4.5.2 The general conditions of contract shall include all such conditions
which are common in nature and not project specific. Such
conditions include clauses pertaining to sub contracting, methods of
payment, termination and extension of contracts, arbitration,
variation in quantities, indemnity and insurance, force majeure,
conflict of interest, compliance to local laws and taxes and duties
etc.

3.4.5.3 The project specific conditions include clauses relating to the
assignment in hand. These clauses should be carefully developed
to protect the interest of the employer.

3.5 Pre-bid meeting
In all cases of large value or complex assignments, a pre-bid
meeting may be prescribed in the RFP. The date and time for such
a meeting should normally be after 15 to 30 days of issue of RFP
and should be specified in the RFP itself. During this meeting, the
scope of assignment, responsibilities of either parties or other

10

details should be clearly explained to the prospective bidders so
that there is no ambiguity later on at the time of submission of
technical/financial bids. Where some significant changes are made
in the terms/scope of RFP as a result of pre bid meeting or
otherwise considered necessary by the employer, a formal
Corrigendum to RFP may be issued, to all short listed consultants.
In such cases, it should be ensured that after issue of Corrigendum,
reasonable time (not less than 15 days) is available to the bidders
to prepare/submit their bid. If required, the time for preparation and
submission of bids may be extended, suitably.

3.6 Receipt of proposal

3.6.1 The employer should allow enough time to the short listed
consultants to prepare their proposals. The time allowed shall
depend on the assignment, but normally shall not be less than four
weeks and more than three months. In cases, where participation
of international consultants is contemplated, a period of not
less than eight weeks should normally be allowed. If
necessary, the Government Ministry / Department shall extend
the deadline for submission of proposals. The technical and
financial proposals shall be submitted at the same time. To
safeguard the integrity of the process, the technical and financial
proposals shall be submitted in separate sealed envelopes. The
technical bids will be opened immediately after closing of receipt of
technical bids by the Consultancy Evaluation Committee (CEC).
The financial proposals shall remain sealed and shall be opened
publicly only of those firms who have qualified technically. Any
proposal received after the closing time for submission of proposals
shall be returned unopened.

3.6.2 Government Ministry / Departments may use electronic systems
permitting consultants to submit proposals by electronic means,
provided the Ministry/Department is satisfied with the adequacy of
the system, including, inter alia, that the system is secure,
maintains the confidentiality and authenticity of the proposals
submitted, uses an electronic signature system or equivalent to
keep consultants bound to their proposals and only allows
proposals to be opened with due simultaneous electronic
authorization of the consultant and the Government Ministry/
Department.

3.6.3 Late Bids: Late bids that is bids received after the specified date
and time of receipt shall not be considered and shall be returned
unopened.

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3.7 Evaluation of Proposals: Consideration of responsiveness
The evaluation of the proposals shall be carried out in two stages:
At the first stage evaluation of technical proposals is taken up.
Proposals without earnest money (bid security), bid processing
fees, if specified, unsigned and incomplete ( i.e. when the required
bid formats have not been submitted), not responding to the TOR
fully and properly and those with lesser validity than that prescribed
in the RFP will be summarily rejected as being non-responsive,
before taking up the appraisal of the technical proposal for
evaluation of quality. Evaluators of technical proposals shall not
have access to the financial proposals until the technical evaluation
is concluded. The envelope containing the financial proposal is not
opened till the technical evaluation is complete. The financial
proposal of only such bidders will be opened which obtain minimum
qualifying marks / standards prescribed for the technical proposal.
The evaluation shall be carried out in full conformity with the
provisions of the RFP.
3.8 Evaluation of the Quality
3.8.1 The Employer shall evaluate each technical proposal (using the
evaluation committee, CEC), taking into account criteria as
prescribed in the RFP: (a) the consultant’s relevant experience
for the assignment, (b) the quality of the methodology proposed, (c)
the qualifications of the key staff proposed and (d) capability for
transfer of knowledge. Each of the responsive technical proposal
will be evaluated for the criteria prescribed in the RFP by awarding
marks so as to make total maximum technical score as 100. The
criteria and weightage to each criteria or sub-criteria would depend
on the requirements of each case and may be fixed objectively. A
model scheme of maximum marks is, however, proposed as under:
Details Marks Max.
1. Experience of the firm 20
2. Methodology, work plan and
understanding of TOR 25
3. Suitability of the Key personnel
for the assignment 45
4. Capability for Transfer of knowledge/
training* 10
TOTAL 100
* If this criteria is not required, the marks can be adjusted against
some other criteria.
The weight given to the firm’s experience can be relatively modest,
since this criterion has already been taken into account when short-
listing the consultant. More weight shall be given to the
methodology in the case of more complex assignments (for
example, multidisciplinary feasibility or management studies).

12

Consultancy Development
Centre

ABOUT CDC
• Consultancy Development Centre set up
in Jan.1986 as a non-profit registered
society, supported by Deptt. of Scientific
and Industrial Research (DSIR),
Ministry of Science & Technology
• Main objective – Promotion and
Development of Consultancy Profession
in the country

1

ACTIVITIES OF CDC
• EDUCATION
• DATABASE
• CAPACITY BUILDING
• SELECTION OF CONSULTANTS
• CONSULTANCY BUSINESS
PROMOTION
• PROJECTS AND STUDY ASSIGNMENTS
PUBLICATIONS
• TECHNICAL CONSULTANCY
DEVELOPMENT PROGRAMME FOR
ASIA AND THE PACIFIC (TCDPAP)

Recent Projects
?
NATIONAL DISASTER MANAGEMENT
AUTHORITY, MINISTRY OF HOME AFFAIRS
– Selection of Consultant for
?
National Cyclone Risk Mitigation Project
(NCRMP)
?
National Earthquake Risk Mitigation Project
(NERMP)
?
National Flood Risk Mitigation Project (NFRMP)
?
Empanelment of Media Agencies
? the Problem of Flooding and Erosion
Studies for
Along River Ganga
2

Recent Projects
? BUREAU OF INVESTIGATION (CBI)
CENTRAL
?
Modernization of Central Forensic Science
Laboratory (CFSL)
?
Computerization of CBI
? GOA
GOVT. OF
? Consultant for Preparation of DPR for
Selection of
2011 National Games
? RESEARCH DEVELOPMENT
NATIONAL
CORPORATION
?
Study on Organizational Review and HR Strategies
for NRDC

Recent Projects
MINISTRY OF FOOD PROCESSING
INDUSTRIES
? in setting up of National Institute of Food
Facilitation
Technology, Entrepreneurship and Management
(NIFTEM)
DEPARTMENT OF ATOMIC ENERGY
? Services for Preparation of Detailed
Consultancy
Project Report (DPR) for Programme on Safe
Drinking Water
Ministry of Steel (Orissa Mineral Development
Corporation)
? agency for installation of 2 MTPA
Selection of
Pellestisation Plant with Ore Beneficiation facilities at
OMDC, Thakurani

3

Recent Projects
MINISTRY OF CULTURE
?Impact Assessment on the Scheme on “ Support
for Setting up of Multi-Purpose Cultural
Complexes”
? Consultant for Implementation of
Selection of
Financial Assistance Schemes of the Ministry of
Culture
MINISTRY OF POWER
?Empanelment of Consultants/Consultancy
agencies for Preparation of DPR’s, for village
electrifications through decentralized Distributed
Generation (DDG) under the Rajiv Gandhi
Grameen Vidyutikaran Yojna (RGGVY)
? of National Quality Monitors (Tier-
Engagement
III) of QCM of the RGGVY Scheme

Recent Projects
Ministry of Overseas Indian Affairs
? in Setting up of Overseas Workers
Facilitation
Resource Centre

MINISTRY OF INFORMATION &
BROADCASTING (I&B)
? Host Broadcaster for the 2010
Selection of
Commonwealth Games to be held at Delhi
? an agency for Event Management
Selection of
? an entity for provision and
Selection of
operation of booking-cum-information office.
? Agency for setting up
Selection of
International Broadcasting Centre.

4

Why and When to hire a Consultant
• When you want to do something for the first
time
• When the organization tried to do something
but did not succeed.
• When you Lack Competence:
• When it is a one time activity :
• When there is Urgency or lack of time:
• When you have lack of Resources
• When organization needs a spokesperson:
• When organization wishes to establish
credibility

Why and When to hire a Consultant
• For Branding
• Requirement of Funding agency
• When you want to do something different
• When wanting maximum efficiency and
economy
• When one of the objectives is to seek transfer
of Knowledge and skills:
• When you are looking for dedicated help:
• When you do not wish to take risk:
• When you do not have access to the right
information

5

PRE-QUALIFICATION/
SHORT LISTING OF
CONSULTANTS

?
Stages of Selection of Consultant
?
Pre-Qualification Process
• Setting Eligibility Criteria
• Advertisement
• EOI Document
• Receipt & Evaluation of EOIs
• Preparation of Shortlist of
Consultants

7

STAGES OF SELECTION
OF CONSULTANT

?
Pre-qualification/ shortlisting of consultants
(EOI)
? of Terms of Reference (TOR)
Preparation
? Proposal (RFP) and Invitation of
Request for
Proposals
?
Pre-bid meeting
? of Proposals
Evaluation
• Evaluation of Quality/ Technical
• Evaluation of Cost
?
Negotiations
? – Client Agreement
Consultant
?
Award of Contract

8

PRE-QUALIFICATION
PROCESS

SETTING ELIGIBILITY CRITERIA
?
Client prepares a criteria for shortlisting of
consultants
? broadly based on :
Criteria is
• Past experience of Consultant
• Experience of Key Personnel
• Financial strength of Consultant
? to this other criteria such as quality
In addition
system, infrastructure available etc. may be
built in above broad criteria
?
The weightage given to each of criteria may
differ from Client to Client and also on type of
assignment

9

A broad
? criteria given below for shortlisting
S.no Criteria Weightage

1. Past Experience of the firm 60 Marks
• Number of years experience 20%
• Past experience of assignment of 50%
similar nature
• Past experience in carrying out 20%
assignment in related sectors
• Assignments carried out in India 10%
2. Experience of Key Personnel 25 Marks
• Qualifications 30%
• Relevant Experience 70%
3. Financial Strength of the Consultant 15 Marks
• Turnover figure for the last three years 50%
• Net profit figure for the last three years 50%

? a minimum threshold (normally 50
Client keeps
marks) for short-listing
?
Alternatively client may specify in EOI document
minimum requirements for each criteria
• Minimum years of experience
• Minimum no. of assignments executed
• Minimum turnover etc
All firms meeting minimum criteria are shortlisted
?
Alternatively client prepares a shortlist of
consultants
?
A shortlist normally consists of 5-7 firms
considered most qualified and suitable for proposal
invitation
10

?
Diligent review of following key aspects is
proposed for such shortlist
• Qualification in field
• Technical and Managerial capability
• Core business and duration
• Qualification of key staff
• Performance record
• Administrative and financial strength

ADVERTISEMENT
?
Main objective is to inform eligible Consultants
about consulting opportunity
?
Expression of Interest (EOI) through
advertisement may be invited as per Rule 168
of GFRs 2005
? transparency, enhances competition
Promotes
and wider participation
?
To get EOI, Client lists all assignments in
general Procurement Notice
?It shall define broad scope of work and nature
of consultancy services required

11

ADVERTISEMENT
? requested from Consultants
Information
must be minimum and not complex to
discourage them
?Time (normally not less than 30
Sufficient
days) for response
? indicate how to obtain EOI
It shall also
Document. Client shall make available the
copies of EOI document to interested
consultants in hard copies as well as on its
website.

EOI DOCUMENT
Client prepares an EOI Document
containing following information :
• Invitation to EOI
• Brief about objectives and scope of work
• Instruction to the Consultants
• Pre-qualification/ Shortlisting Criteria
• Formats for Submission

12

RECEIPT & EVALUATION OF EOIs

?
EOIs received by Client as per last date
of submission and in required format are
considered for evaluation
? evaluated using short listing
All EOIs are
criteria. The shortlisting criteria is
specified in the EOI document

PREPARATION OF SHORTLIST OF
CONSULTANTS
?
Client shortlist all the Consultants who secure
minimum required marks (normally 50)
?
The minimum qualifying requirement shall be
specified in EOI document
? Client may also prepare short list of
Alternately
Consultants as follows :
• Preparation of preliminary list of consultants, from
various sources, claiming expertise in field
• Detailed examination of experience and capability of
firms in preliminary list
• Shortlist Consultants (normally 5-7) considered most
qualified and suitable to receive invitation for proposal

13

PROPOSAL
INVITATION

PROPOSAL INVITATION
? of TOR
Preparation
? of cost estimate and the
Preparation
budget
? Proposal (RFP)
Request for
• Concept
• Need & Advantages
• Structure
? RFP
Developing
?Proposals
Receipt of
15

PREPARATION OF TOR
? and Background
Introduction
• Basic Data to Facilitate Bidders in Preparation of
Proposals
? of the Assignment
Objectives
?
Detailed Scope of Work
?
Kind of Expertise Required
?
Proposed Schedule for Completing the Assignment
?
Deliverables
? material available and to be provided
Background
by the client
? be provided to the consultant
Facilities to
? for review of work of consultant after
Procedure
award of contract

PREPARATION OF COST
ESTIMATES AND BUDGET
?
Cost estimate is needed to earmark realistic
budgetary resources
? is function of –
Cost estimate
• Staff time
• Logistical and physical inputs
?
Cost estimate comprises fee/ remuneration
and reimbursable and is further divided into
following as applicable
• Local currency payment
• Foreign currency payment

16

PREPARATION OF COST
ESTIMATES AND BUDGET

?
Cost of staff time is estimated based on
prevailing market conditions as well as
consulting other organisations engaged in
similar activities.

REQUEST FOR PROPOSAL
?
A Document Requesting Submission of
Proposals by consultants to provide services
required by a client.
? Objective Method to Select an
Used as an
Agency Generally for a Professional Service
?
RFP is a Decision Making Tool for award of
contract

17

NEED AND ADVANTAGES
?
Requirement is not a Standard “Off the
Shelf” Item or no Clear Standards or
Specifications Available to Use
?to Seek Clarifications
Necessary
?
Consideration in Determining Award Other
Than Price
?
To Base Award on a Comparative Evaluation
of Differing Price, Quality and Contractual
Factors in Order to Determine the Most
Advantageous offering

STRUCTURE OF RFP
?
Letter of Invitation (LOI)
? to Consultants (ITC)
Instructions
?
Terms of Reference (TOR)
? professionals
List of key
?
Qualification and experience requirement of firm
and key professionals
?
Standard formats for Technical Proposal
?
Standard formats for Financial Proposal
?
Proposed Form of Contract
? bid evaluation and selection procedure
Criteria of

18

DEVELOPING RFP
? Steps
Preliminary
• Identify Requirements
• Define Specific Needs
• Prioritize Needs
?
Scope of Work
• Most Important and Backbone of RFP
• Compatible with Available Budget
• List Services Necessary for the Assignment
• Define Responsibilities of Both Client and
Consultant

INSTRUCTIONS TO CONSULTANTS (ITC)
?
Part – 1 : General Information
?Data Sheet
Part – II :

Part – 1 General Information
?
Brief Description of the Assignment, Location
? of Association of Consultants and Sub
Eligibility
Consultants
?
Clarifications and Amendments of RFP
? Interest
Conflict of
• Conflicting Activities
• Conflicting Assignments
• Conflicting Relationships

19

?
Proposal Validity
? of Proposal
Preparation
• English Language Unless Specified
• Material Deficiencies may lead to Rejection
• Technical Proposal
– Letter for Proposal Submission along with Documentary
Evidence in Respect of Eligibility Criteria
– Consultant’s Organization and Experience
– Comments and Suggestions on TOR
– Approach and Methodology
– Team Composition
– CVs of Team Members
– Staffing Schedule
– Work Schedule
– Comments/Modifications on Draft Contract
– Information Regarding Conflicting Activities
• Financial Proposal

?
Taxes
?
Currency
?
EMD
?
Bid Processing Fees
? Receipt and Opening of Proposals
Submission,
?Evaluation
Proposals
• Evaluation of Technical Proposals
• Opening and Evaluation of Financial Proposals
?
Negotiations
• Technical Negotiations
• Financial Negotiations
• Availability of Professional Staff/Experts

20

?Contract
Award of
?
Confidentiality

Part –II Data Sheet
?
Assignment Specific Instructions to the
Consultants for Preparation and Submission of
Proposal
? Includes
Information
• Representative of Client
• Details of Pre-bid Meeting
• Date, time and Venue of Submission of Proposals

• Inputs and Facilities to be Provided by the Client
• Period and Method of seeking clarifications
• Formats of Technical Proposals
• Number of Copies of Technical Proposal
• Method of Selection
• Procedure for Evaluation along with Evaluation
Criteria
– Past Experience
– Methodology, Work Plan and Understanding of TOR
– Suitability of Key Personnel
• Venue for Negotiations
• Date of Commencement of the Assignment

21

RECEIPT OF PROPOSALS
? for Submission of Proposals
Enough Time
?
Pre-Bid Meeting (Normally to be held 15 to
30 days after issue of RFP and must be
specified in RFP)
?
Clarifications in Writing to all Short-listed
Firms
? and Financial Proposals to be
Technical
Submitted at Same Time

22

PROPOSALS
EVALUATION

?of evaluation is to ensure
Objective
fair and transparent method of
selection in the best interest of
project
? of proposals received is
Evaluation
done in two stages (depending on
method of evaluation)
Technical Evaluation/ Quality
Evaluation
Financial Evaluation

23

?Responsiveness of proposals is done
through checks such as
• Submission of EMD
• Bid Processing Fee, if specified, in RFP
• Technical and Financial proposals
submitted in different sealed covers
• Proposal signed and complete in all
respects as per RFP Requirement
(Mainly Bid Formats)
• Response to TOR fully and properly
• Validity of proposals as specified in RFP

?
Non-Responsive proposals will be
summarily rejected
?
Financial proposals of only qualified
bidders, i.e. those who obtain
minimum qualifying marks for
Technical Proposal in full
conformity with RFP
Provisions/Specified Criteria, shall
be opened

24

Client shall do Technical (Quality)
evaluation based on following broad
parameters
• Consultant’s Relevant Experience
• Methodology, Work Plan and TOR
Understanding
• Qualification of Key Staff Proposed and
their suitability
• Capability for Transfer of Knowledge/
Training (if required)
The criterion shall be marked on 1-100
points.

Following broad criterion is normally used
CRITERIA WEIGHTAGE
Consultant’s Specific 20 Points
Experience

Methodology and Work 25 Points
Programme

Adequacy of Key 45 Points
Personnel

Capability for Transfer of 10 Points
Knowledge/ Training
Total 100 Points

25

? to different parameters varies
Weightage
according to complexity of assignment
? for experience can be relatively
Weightage
modest as this criterion already considered
in short listing / Pre-qualification stage
(EOI)
?
Methodology and evaluation of key
personnel is given more weightage in case of
complex assignments

? and work plan is main
Methodology
component of Technical Proposal
and divided into following sub
criteria (weightage is assigned based
on type of assignment)
• Technical Approach and
Methodology
• Work Plan
• Organization and Staffing

26

?of key personnel determine the
Adequacy
quality of performance. Evaluation of
key personnel is done based on following
sub-criteria (weightage to different
parameters is assigned based on type of
assignment)
• General Qualifications
• Adequacy for Assignment
• Experience in the Region and
Language

?Subsequently Client shall prepare
an evaluation report of “Quality” of
proposals. All proposals which fail
to score minimum Technical score
are straightway rejected
? qualifying marks will be
Minimum
indicated in the RFP
?can be ranked in terms of
Proposals
Technical score obtained

27

?
Alternatively simplified procedure for
evaluation of quality is used where high
technical score (60% and above) not
required and high level of expertise is not
required
? minimum criteria is fixed for
Under this
parameters such as
• Experience including no. of
assignments handled in similar area
• Turn over and other financial
parameters, if required

• Minimum educational qualification
of each of the key professionals
• Minimum requirement of
experience in area similar to the
proposed assignment
? meeting minimum criteria
All firms
so prescribed will stand technically
qualified for consideration of their
financial bids.

28

?
On completion of Technical evaluation
all bidders who do not meet minimum
marks or otherwise considered non-
responsive are intimated
? Technically qualified are
All bidders
intimated along with date and time for
opening of Financial Proposals
?
Non-responsive bidders are also
informed indicating that their financial
proposals will be returned unopened
after completing the selection process

? Proposals of Technically
Financial
qualified bidders are opened publicly and
Technical score and price quoted by
bidders are announced
?
Client prepares minutes of public
opening for records
? proposals are checked for
Financial
arithmetical errors and for comparison
purpose cost is converted to single
currency as per provisions spelt out in
RFP

29

?
Cost evaluation shall include all
taxes and duties for which client
makes payment and other
reimbursable expenses
? financial proposals may
Conditional
be considered as non-responsive
financial proposal
?
Methodology described in RFP is
used for allocating marks

?
Total score shall be obtained by
weighting quality and cost scores and
adding them
?weighting for quality and cost
Proposed
shall be specified in RFP
?
Recommended evaluation criteria for
combined quality and cost is presented
?
Firm obtaining highest score is invited
for negotiation

30

?
Various methods for selection are:
• Quality and Cost Based Selection
(QCBS)
• Combined Quality cum Cost Based
Selection (CQCCBS)
• Quality Based Selection (QBS)
• Cost Based Selection (CBS)
• Selection by Direct Negotiations

QUALITY & COST BASED SELECTION
?
Under normal circumstances this
method shall be used
?
Also known as Least Cost Selection
(LCS)
?
Under method proposals are invited in
two envelope system
? proposals are evaluated and
Technical
those meeting minimum qualifying
marks are considered technically
qualified.

31

QUALITY & COST BASED SELECTION

? proposals
Financial of technically
qualified consultants are opened and
evaluated
?
The least cost proposal will be ranked as
L-1and next higher will be ranked as L-2,
L-3, etc. or so on
? with lowest price be selected
Consultant
for award of contract/ invited for
negotiation

COMBINED QUALITY CUM COST
BASED SYSTEM
? takes into consideration quality of
This method
proposal an cost of services
?
Relative weight to be given to quality and cost
shall be determined depending on nature of
assignment
?
Relative weight (e.g. 80:20 i.e. 80 for technical
and 20 for financial) need to be defined in the
RFP
? used for highly technical projects
It shall be
where weightage needs to be given to higher
technical standards while finalizing the prices

32

QUALITY BASED SELECTION
?
Method may be used under following
circumstances
• Outcome of the assignments will have high
impact and therefore essential to engage the
most qualified consultant e.g National Policy
Formulation, capacity building programmes,
etc.
• Assignment is very complex or highly
specialized where it is difficult to define scope
with accuracy e.g. country specific study,
reforms related studies, high precision
scientific work, etc.

QUALITY BASED SELECTION

?
The consultant who has secured first
rank in technical evaluation shall be
called for further negotiation after
opening and evaluations of its financial
proposals.

33

COST BASED SELECTION
?
Method may be used for following
types of assignments
• Assignments where any experienced
consultant can deliver the services
without requirement of specific
expertise e.g. traffic surveys, market
surveys, etc.
• Cost of which shall not exceed Rs. 10
Lakhs
? shall be selected following
Consultant
single stage bidding procedure

COST BASED SELECTION

• Under single stage bidding procedure
client invites financial proposals
alongwith EOI in two separate
envelopes
• Financial proposals of those who are
shortlisted based on EOI evaluation are
opened in presence of bidders
• Proposal submitted with lowest
financial bid shall be selected as L1 and
called for further negotiations.

34

SELECTION BY DIRECT
NEGOTIATIONS
? by direct negotiating/
Selection
nominations is permissible in terms
of Rule 176 of General Financial
Rules 2005 under exception
circumstances
• Tasks represent a natural continuation
of previous work carried out by the
firm
• Cases of emergency situation where
timely completion of assignments is of
utmost importance such as situation
arising after natural disasters.

SELECTION BY DIRECT
NEGOTIATIONS
• Situations where the execution of
assignment may involve use of
proprietary techniques or only one
consultant has requisite expertise
• The such assignments may normally be
restricted to a financial ceiling of Rs. 10
Lakhs.
• Method is also known as Single Source
Selection (SSS)

35

CLIENT CONSULTANT
AGREEMENT

CLIENT CONSULTANT AGREEMENT
?
Negotiations
?
Types of Consulting Contracts
?
Standard Form of Contract
• Form of Contract
• General Conditions
• Special Conditions
• Appendices
– Description of Services
– Reporting Requirements
– Staffing Schedule
– Cost Estimates
– Duties of Consultant and Client

37

NEGOTIATIONS
? Negotiations shall include:
Technical

• Discussions of TOR
• Methodology and staffing
• Special conditions of contract

? not alter the original TOR or terms of contract
This should
? TOR and agreed methodology will form
The final
“Description of Services” of contract.
?negotiations shall only be carried out if some costs/
Financial
cost elements quoted are not found to be reasonable.
?
No financial negotiation should result into increase in
financial cost as originally quoted by the consultant
?
In case negotiations with selected consultants fail the client
shall cancel the bidding procedure and re-invite the bids.

TYPES OF CONTRACTS
? (Firm Fixed Price) Contract
Lumpsum

• Used for assignments in which content,
duration and output of consultants are
clearly defined

• Widely used for planning and feasibility
studies, environmental studies, detailed
design etc.

• Payments are linked to outputs
(deliverables) such as reports, drawings, bills
of quantities, etc.

38

? Contract
Time Based

• Used when difficult to define scope and length
of services
• Widely used for complex studies, supervision
of construction, advisory services or most
training assignments
• Payments are made on agreed hourly, daily,
weekly or monthly rates for staff plus
reimbursable
• The rates for staff include salary, social costs,
overhead, fee (or profit) and where
appropriate special allowances
• Contract shall include maximum amount of
payments to be made to consultant

? Contract
Percentage

• Directly relate fees paid to consultant to the
estimated or actual project construction cost or
the cost of the goods procured or inspected

• Commonly used for Architectural services. Also
used for procurement and inspection services

39

? and/or
Retainer contingency (success) fee
contract

• Widely used when Consultants are preparing
companies for sales or mergers of firms

• Remuneration of Consultant includes a
retainer and a success fee, later normally a
percentage of sale price of assets

40

? delivery contract (Price Agreement)
Indefinite
• Used when client needs specialized services to provide
advice on a particular activity, extent and timing cannot
be defined in advance

• Commonly used to retain ‘Advisers’ for implementation
of complex projects, Experts for dispute resolution,
procurement advice, O&M and so on

• Client and Consultant agree on unit rate and Consultant
is paid on basis of time actually used

• Consultant is selected based on unit rate quoted by them
for providing services

GENERAL CONDITIONS OF CONTRACT
?
General Provisions
• Relationship Between Parties
• Law Governing Contract
• Notices
• Location
• Authority of Leader
• Authorized Representative
• Taxes and Duties
• Fraud and Corruption
• Measures to be Taken by the Client
• Commission and Fees

41

?Commencement, Completion, Modification
and Termination of Contract
• Effectiveness of Contract
• Expiration of Contract
• Modifications or Variations
• Force Majeure
• Suspension
• Termination
– By Client
– By Consultant
– Cessation of Rights and Obligations
– Cessation of Services
– Payment upon Termination

? of the Consultant
Obligations
• Standard of Performance
• Conflict of Interests
• Confidentiality
• Insurance
• Accounting, Inspection and Auditing
• Actions Requiring Prior Approval
• Reporting Obligations
• Documents Property of Client
• Equipment, Material Provided by either Party

42

? of the Client
Obligations
• Assistance and Exemptions
• Change in Applicable Law Relating to Taxes
and Duties
• Services and Facilities
? the Consultant
Payment to
? Good Faith
Fairness and
? of Disputes
Settlement
? Damages
Liquidated

SPECIAL CONDITIONS OF CONTRACT

?
General Conditions of Contract Generally not
to be Modified

? Special Conditions will be Used to
Clauses in
Modify General Conditions

43

APPENDICES
? of Services
Description
• Final Terms of Reference Worked out by the
Client and the Consultant during Technical
Negotiations and include
– Dates for completion of various tasks
– Place of performance of different tasks/activities
– Approval of deliverables

?Requirements
Reporting
• Format, Frequency, contents of reports and
responsible persons
?
Staffing Schedule

?
Cost of Services
• Negotiated Final Prices
?
Duties of Client
• List of Services
• Facilities
• Property to be made available to the Consultant

44

WHAT HELPS IN GETTING BEST OUT
OF CONSULTANT
• Be truthful, approachable and supportive to the
consultant
• Do not be defensive, secretive and protect
information from consultant.
• Do not be afraid of providing too much
information to consultant
• Select consultant for his competence to deliver as
per project objectives
• Designate a contact person as nodal officer to
interface with consultant.
• Trust your consultant and have faith in him.
• Provide written information and communicate in
writing.

OF CONSULTANT
• Clarify your expectations, deliverables and
outcome right in the beginning.
• Honestly communicate to the consultant if you
have difficulty in meeting his expectations
• Involve all stakeholders in defining the scope of
work and deliverables.
• Draft an agreement that is fair and just to both
parties.
• Do not harass the consultant in release of payments
• Respect the consultant as an expert.
• Do not treat consultant as a contractor
• Be a good listener. Respect the opinion of the
consultant.

45

OF CONSULTANT
• Clarity on IPR ownership in the contract.
• Avoid litigation and use alternative dispute
resolution mechanism e.g. Conciliation and
Arbitration.
• Have unambiguous payment terms to avoid
conflict later
• Indemnify the project
• Let everyone in the organization know
about the objectives of the project and the
consultant.

FACULTY
Dr. Sunil Abrol
abrol@cdc.org.in

S.K. Lalwani
sklalwani@cdc.org.in

46

Core-IV B, 2nd Floor, India Habitat Centre
Lodhi Road, New Delhi - 110003 INDIA
Tel. : +91-11-2460 2601/2915/1533
Fax : +91-11-2460 2602
Website : www.cdc.org.in

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