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Request for Proposals (RFP) STUDY TO ASSESS POTENTIAL OF NOFN FOR RURAL CONNECTIVITY IN INDIA 03 August 2015
12 Balcombe Place, Colombo 8, Sri Lanka v: + 94 (11) 267 1160; f: + 94 (11) 267 5212 www.lirneasia.net
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STUDY TO ASSESS POTENTIAL OF NOFN FOR RURAL CONNECTIVITY IN INDIA LIRNEasia is a regional, non-‐profit ICT [information and communication technology] policy and regulation think tank. Its mission is “to improve the lives of the people of the emerging Asia-‐Pacific by facilitating their use of ICTs and related infrastructures; by catalyzing the reform of laws, policies and regulations to enable those uses through the conduct of policy-‐relevant research, training and advocacy with emphasis on building in-‐situ expertise.” LIRNEasia is undertaking a study to assess the potential of the National Fiber Optic Network (NOFN) for rural connectivity in India. This study will be conducted among two groups of respondents. The first group consists of institutional users of NOFN in Gram Panchayats. A quantitative survey to assess the absorptive capacity for NOFN of Institutional Users shall be conducted among this group. The second group is the top-‐level stakeholders of NOFN in India. A qualitative survey through key informant interviews to study the non-‐uptake of NOFN by private players in India shall be done among this group. This Request for Proposal (RFP) invites technical and financial proposals from research organizations to undertake the work described herein. A detailed description of the project is provided in the RFP to assist the Bidders in obtaining an understanding of the objectives of the project and to facilitate responsive proposals. Proposals for the project must be received by LIRNEasia by 0800 hrs (GMT+5.30) Sri Lanka time on Friday 21st of August 2015. Proposals (including technical and financial proposals) must be emailed to [email protected] in PDF [portable document format] and an edit-‐enabled (e.g. in Microsoft Word) version. Short-‐listed bidders will be notified by 4th September 2015. Proposals received by LIRNEasia after the deadline shall be rejected. LIRNEasia reserves the right to accept or reject any or all proposals without assigning any reason whatsoever. LIRNEasia will evaluate the proposals, and this evaluation shall be final and will not be subject to any form of appeal. This RFP contains the following sections and annexes:
Section 1 Instructions to Bidders Section 2 Project Description Section 3 Scope of Work Annex 1 Technical Proposal Template Annex 2 Financial Proposal Template Annex 3 Contract Template
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1.0 INSTRUCTIONS TO BIDDERS 1.1 INTRODUCTION 1.1.1 Definition of Terms Unless otherwise specified, the following terms used in this document have the following meanings:
§ Authorized Entity or Consultant means the firm or an individual that is signatory to the contract in case of successfully winning the evaluation process. LIRNEasia will entertain invoices from and make payments to the Authorized Entity/Consultant. In case of multiple organizations joining together to bid for the RFP, one firm should be clearly designated as the Authorized Entity/Consultant.
§ Bidder means the Entity that files an application in response to this RFP; this Entity will be the single point of contact with LIRNEasia for the RFP process and handle subsequent negotiations leading to contracting should the bid be successful. In the case of multiple organizations combining to submit an application in response to this RFP, the single point of contact with LIRNEasia for the RFP process, and to handle subsequent negotiating leading to contracting should the bid be successful, will be the Authorized Entity/Consultant.
§ Collaborating Entity means the collaborating entities that the Bidder enters into a partnership with for the purpose of conducting the study.
§ Client means LIRNEasia or other party contracted by LIRNEasia to manage the Study. § Proposal means a set of a technical proposal and associated financial proposal submitted in response to
this RFP. § RFP means Request for Proposals. § Study means survey to assess absorptive capacity of last mile connectors of NOFN in India.
1.1.2 Scope of Work
§ The Client has issued this RFP to invite Proposals to conduct a study to assess potential of NOFN for rural connectivity in India.
§ This is fully described in Section 3.0 of this RFP. 1.1.3 Cost of Preparation of Bids and Liability The Bidder shall bear all costs associated with preparation and submission of the bid as specified in this RFP. The Client will, in no case, be responsible or liable for such costs, or have any other liability to any Bidder, regardless of the conduct or outcome of the proposal evaluation. The Client shall have no obligation to any Bidder to reimburse any costs incurred in preparing the proposals, whatever the result. Submission of a proposal in response to this RFP by a bidder will be interpreted by the Client as the Bidder’s acceptance of this condition. 1.1.4 Clarifications Requests for clarifications of specific items of this RFP shall be directed by e-‐mail to [email protected]. The Client will respond to all such requests by e-‐mail. Both the clarification/questions and responses will be sent by e-‐mail to all bidders, and kept for records. At any time prior to the deadline for the submission of the application, the Client may amend the RFP for any reason. All Bidders will be notified in writing (i.e., via e-‐mail) of the amendments and all Bidders will be bound by the amendments. Bidders are required to acknowledge receipt of any amendment within one business day of such receipt by e-‐mail. The Client will assume that the information contained in any amendment is taken into account in the Bidder Proposal.
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1.2 PREPARATION OF THE PROPOSAL 1.2.1 General Bidders are advised to examine all terms and instructions included in the RFP while preparing their Proposals. Failure to provide all requested information will be at the Bidder’s own risk and may result in the rejection of its Proposal. Each proposal shall consist of 3 components: 1) the Technical proposal; 2) the Financial Proposal; and 3) the (optional) specific suggested changes to the contract. 1.2.2 Technical Proposal The Bidder’s Technical Proposal shall be submitted in the Technical Proposal Template provided with this RFP (Annex 1). Page limits indicated in the template must be strictly adhered to, as the evaluation committee will be instructed to stop reading below the indicated page or paragraph limit. As part of the Technical Proposal Template, the Bidder must submit a scanned copy of the Business Registration Certificate of the Authorized Entity as well as that of the Collaborating Entity/entities (as applicable). A template of the Contract that the Client will issue to the winning Bidder is provided in Annex 3. Bidders should carefully review it and clearly mark any sections which it does not agree with and/or suggested changes (i.e. exact language). All these should be provided as tracked changes in MS Word Format version of the Contract, and sent as an Annex to the Technical Proposal. Any assumptions made by the Bidder in the formulation of its Technical Proposal should be clearly stated. 1.2.3 Financial Proposal The Financial Proposal shall consist of the following documents:
1. A covering letter signed by the Bidder, clearly indicating the validity of the Proposal for a minimum of 30 days from submission; and
2. Costs for the Study provided in modular form, as per the Financial Proposal Template provided in Annex 2. All costs should be provided in United States Dollars (USD) and shall include all taxes, duties, fees and other impositions as may be levied under the prevalent laws of the respective country/ies where the Authorized Entity is registered. Payments shall be made in USD and the Client shall not be responsible for any currency fluctuations in the Consultant’s foreign currency denominated costs during the study.
Any assumptions made by the Bidder in the formulation of its Financial Proposal should be clearly stated. The Client will strictly not entertain any price revisions during evaluation. 1.2.4 Format and Submission of Proposal Bidders should electronically submit the proposal including both the Technical and Financial Proposals in PDF [portable document format] and an edit-‐enabled version (e.g. in Microsoft Word). In the event of any discrepancy between the PDFs and the editable version, the PDFs shall govern. Proposed changes to the template Contract shall be submitted as tracked changes in MS Word Format version of the Contract, and sent as an Annex to the Technical Proposal. 1.2.5 Validity of Proposal The Proposal (both Technical and Financial) must be valid for a minimum period of 30 days from the date of submission of the proposal. The Client will make its best effort to complete negotiations within this period. 1.2.6 Confidentiality of Proposal If a Bidder believes that any portion of the Proposal is to be treated in confidence, it shall identify such information clearly in the Proposal. The Client will make every effort to treat such documents in confidence to the extent possible and necessary, consistent with an open and transparent evaluation process.
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1.3 EVALUATION OF PROPOSALS Evaluation of proposals and selection of the winning proposal will be based on the Client’s assessment of both the Technical and Financial Proposals. Towards this end, the Client shall consider the content of the submitted Technical Proposal and the submitted Financial Proposal. The following factors (among others) will be taken into account in evaluating the Bidder’s technical proposal (listed in order of importance, 1 being most important):
1. Demonstrated understanding of the proposed sampling methodology and the pros and cons thereof, including trade-‐offs involved in data quality, representativeness, cost, time and other applicable dimensions.
2. Experience of the Bidder and Collaborating Entity (if applicable) in previously having carried out survey work that targeted the same population (Institutional users and stakeholders of NOFN).
3. Demonstrated ability of proposed team to carry out the work, with special weighting towards the Team Leader’s competencies, followed by the Field Manager’s experience and competencies.
4. Field strength of the Bidder (or the Collaborating Entity if the latter is to undertake the fieldwork), as indicated by the number of field staff employed (full or part time) by the Bidder or Collaborating Entity (if applicable), and the minimum criteria for recruiting field staff; Bidders should also indicate the number of temporary field staff that will be utilized for the Study if at all.
5. Consideration of women and other under-‐represented groups in the sampling strategy. 6. Experience of the Bidder and Collaborating Entity (if applicable) in previously having carried out similar
studies that targeted the same or comparable population. 7. Quality control measures that will be employed by the Consultant to ensure highest quality data are
obtained. The evaluation of the technical proposal will then be combined with the cost-‐effectiveness of the Bidder’s financial proposal to make the final determination. The Client’s decision will not be subject to appeal. 1.4 NEGOTIATIONS Prior to the expiration period of Proposal validity, the Client will invite the selected Bidder for final negotiations. The aim of the negotiation shall be to reach agreement on all points, and initialize a draft contract to be finalized by the conclusion of negotiations. Changes agreed upon will then be reflected in the financial proposal, using proposed unit rates. If a successful negotiation is not possible with the selected Bidder, the next evaluated Bidder will be invited for negotiation, and so on. 1.5 AWARD OF CONTRACT On the basis of the Financial Proposal and subsequent negotiations, the final contract will be agreed upon as a lump sum contract with intermediate payments tied to the Client’s acceptance of specific deliverables. As already stated, the Contract template that the Client will issue to the Consultant is provided in Annex 3. Bidders should carefully review it and clearly mark any section(s) that they do not agree with suggested changes (exact language) provided as tracked changes in MS Word Format as an Annex to the Technical Proposal. The selected Bidder is expected to commence the Study within a week of signing the Contract. Therefore providing input on the Contract at this stage is essential.
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2.0 PROJECT DESCRIPTION 2.1 BACKGROUND The Client is a regional, non-‐profit information and communication technology (ICT) policy and regulation think tank. Over the past three years it has conducted research to facilitate policy discourse in India to increase broadband access by the poor. The objective of this research was to inform and engage decision makers and stakeholders in Asia about good practices on licensing policy, spectrum management, as well as other regulatory aspects affecting broadband access by the poor. Continuing with these objectives, the Client plans to engage in research to assess the potential of NOFN for rural connectivity in India. In 2011 Government of India (GoI) approved the setting up a NOFN to provide broadband connectivity to 250,000 GPs. A pilot phase of the project was set up, where 59 GPs received connectivity in May 2014. After completion of the pilot phase, other GPs have started receiving connectivity via the NOFN. By March 2015, 20,000 GPs had connectivity in India. The pilot project was conducted in three blocks in three different states in India. These blocks are Arian in Ajmer district (Rajasthan), Parvada in Visakhapatnam (Andhra Pradesh) and Panisagar in North Tripura district (Tripura).
2.3 OBJECTIVES OF THE STUDY The broad objectives of the Study are to assess the potential of NOFN for rural connectivity in India. To this end, the Client intends to conduct two surveys with specific objectives which relate to understanding challenges to greater uptake of and participation in NOFN in India. The first survey will be conducted among both potential and existing institutional users (IUs) of NOFN in GPs where NOFN connectivity has been received through the NOFN pilot phase. IUs will include both those who provide connectivity to rural users (last mile connectors) as well as those that use connectivity to provide other types of services to rural households. This will be a quantitative survey conducted with the specific objective of identifying whether or not potential IUs own an possess adequate capacity to use and access the Internet and to deliver services to the rural households. The second survey will be conducted among top-‐level stakeholders of NOFN in India. This will include companies, policymakers and other key informants at regional or national headquarters as appropriate. Key informant semi-‐structured interviews will be used with the specific objective of identifying the reasons for the non-‐uptake of NOFN that has been seen among private players in India. 2.3.1 Survey 1: Survey to assess absorptive capacity of institutional users of NOFN in India. Absorptive capacity generally refers to the ability of an organization to recognize the value of new, external information; to assimilate that information; and then to apply it to the organization’s benefit. This ability is critical to an organization’s innovative capabilities, as new technologies are assimilated by organizations to create, improve, and transform business processes, products, and services (Cohen and Levinthal 1990) 1. According to Kelly and Rossotto (2012)2, four components determine the degree to which a country’s economy is able to absorb broadband and translate it into economic and social development. These components are macroeconomic environment, business environment, quality of human capital and governance.
1 Wesley M., Cohen, and Levinthal Daniel A. "Absorptive Capacity: A New Perspective on Learning and Innovation." Administrative Science Quarterly 35.1 (1990): 128-‐52. Print. 2 Kelly, T. and Rossotto, C. M. (Eds). (2012). Broadband strategies handbook. Washington: The World Bank
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Absorptive capacity of the stakeholders is important to fully realize the benefits of the Infrastructure. Once the optical fiber is laid, the absorptive capacity of the institutional users will determine the level of reach of broadband to the rural community. Though the optical fiber is laid by the government and led by the government organizations in service delivery, scaling is made possible only by the multiple sets of “last-‐mile” users. The survey on the absorptive capacity of the institutional users is proposed to ask the following broad questions:
1. What is the level of ownership and usage of Internet? 2. Are they aware of the NOFN, its potential and the projected benefits? 3. In what ways, can Internet change the way they conduct their businesses / activities? 4. What are the future plans of use of Internet in their conduct of businesses / activities? 5. What are the potential challenges they foresee?
The data shall be collected through a questionnaire survey from the institutional users in selected GPs. 2.3.2 Survey 2: Survey to examine the non-‐ uptake of NOFN by private players in India Up to date, private players in India have had low participation in the NOFN. Participation is important to ensure the benefits of broadband are fully realized across rural India. This survey will examine the non-‐uptake of the private players in NOFN, through a series of key informant interviews. The target group of this survey shall be various stakeholders of the NOFN ecosystem in India. Following are the components of the questionnaire:
1. Background of the Respondent 2. Background of the organization 3. Are they part of the NOFN? 4. Why are they not participating in NOFN? 5. What are the suggestions for improving private participation? 6. What are the possible models of private participation?
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3.0 SCOPE OF WORK This section details the scope of work to be conducted by the Consultant, including the proposed methodology that the Bidder should consider in its Proposal. 3.1 TARGET POPULATION 3.1.1 Survey 1: Survey to assess absorptive capacity of institutional users of NOFN in India The target population of this survey are institutional users (IUs) located in the GPs where the NOFN pilot project is already implemented. IUs broadly include organizations that use the NOFN to provide connectivity to end users at GP level (or last mile connectors) and those that use NOFN connectivity as an input to provide other services to end users also at the GP level. Largely, the last mile layer closest to the end-‐user is created and served by Access licensees and Internet Service Providers in the telecom sector or Multi-‐System Operators (MSOs) and Local Cable Operators (LCOs) providing broadband and entertainment services over wireless media such as 3G/4G/Wi-‐Fi and wired networks like cable broadband. These IUs include both public and private players, and will include the following types of players: cable TV operators, banks, hospitals / primary health centers, post offices, schools, movie theatres, businesses – SMEs, agents of telecom operators, talk time sellers, telephone exchanges, public distribution system shops, panchayat offices, Internet service providers, electricity distribution exchanges / offices, public employment program implementers, Gram Sabha leaders, former and present Panchayat chiefs, political activists, libraries, courier agencies, agriculture extension offices, and common service centers. The decision maker of these institutions or organizations shall be the respondent. The data is collected primarily from the perspective of the institutions or organizations for this survey. For instance, the head doctor in a primary health center shall provide details on behalf of the center. The personal use of ICTs, for instance, shall also be collected to understand the perspective of the decision maker. 3.1.2. Survey 2: Survey to examine the non-‐uptake of NOFN by private players in India For the second survey, the target population is various top-‐level stakeholders in the NOFN eco-‐system.
(A) Private Institutions / organizations that can possibly deliver services by utilizing the NOFN. The services can be exclusively providing Internet or others:
Financial institutions, microfinance institutions, players in various supply chains, satellite TV operators, direct to home TV service providers, internet service providers, private tutorial centers / skill development organizations, technology infrastructure, eCommerce firms who work in rural space and consultancy firms – KPMG
(B) Government organizations that are working closely with the NOFN project: BBNL, Bharat Sanchar Nigam Limited, Centre for Development Telematics, Department of Telecommunications, National Informatics Centre, Power Grid Corporation of India Limited, Railtel Corporation of India Ltd, Telecom sector skill council, Telecommunications Consultants India LTD and Tenders India
(C) Trade associations, NGOs that are working in the Internet space, Academics & other opinion leaders: NASSCOM, Internet and Mobile Association of India, Internet service providers association of India, e-‐commerce association of India, Digital Empowerment Foundation, Cellular Operators Association of India, Indian Cellular Association, Federation of Indian Chambers of Commerce and Industry, Confederation of Indian Industries, Indian Institute of Management (IIMA) And Management Development Institute (MDI)
The person who is familiar with NOFN shall be interviewed in this survey. These institutions are not necessarily to be located within the Gram Panchayats.
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3.2 SAMPLING METHOD 3.2.1 Survey 1: Survey to assess absorptive capacity of institutional users of NOFN in India The NOFN pilot is currently working in 30 GPs in Arain Block (Rajasthan), 15 in Parvada Block (Andra) and 14 in Panisagar (Tripura). Roughly 50% of GPs are to be selected -‐ a total of 22 GPs, 15 from Rajasthan and 7 from Andra Pradesh (no surveys will be conducted in Tripura). For each of the GPs, a minimum of 60 respondents shall be contacted for the questionnaire survey. Thus the minimum sample size shall be 1320. In each of the GPs, it is proposed assess the absorptive capacity of the IUs. The study defines service providers, both public and private, as IUs. It is proposed that a mix of judgmental and snow-‐ball sampling techniques be used to select the list of respondents. At least 60 questionnaires per GP has to be conducted. In each GP, quotas of different respondents (service providers -‐ public & private, political opinion leaders, and civil society organizations, etc), are to be interviewed. Bidders are encouraged to suggest alternate methodologies which may enable representative data to be collected which can lead to generalizable findings at some appropriate level (e.g., at the regional level, or among different kinds of IUs, etc). The study will use cluster analysis to find different categories of IUs in relation to absorptive capacity, by inductive reasoning. For instance, an attempt shall be made to classify people on the basis of ICT ownership, level of Internet use in service delivery, awareness of NOFN, future plans of use. Those who are having higher absorptive capacity can be identified through this process and can be compared with others. This will help in identifying people / institutions that are innovators / early adopters whose ways can be replicated for faster diffusion of NOFN by the policy makers. 3.2.2 Survey 2: Survey to examine the non-‐uptake of NOFN by private players in India The proposed sampling method to assess the non-‐uptake of NOFN by private players in India is judgmental sampling. As the respondents need to be associated / familiar with the NOFN, a total of 100 interviews need to be conducted. There will be distribution of across different categories, private, public and others. 3.3 TASKS 3.3.1 Study and Sample Design a) Based on its expertise and experience, particularly on sampling and other methodological concerns, the
Consultant shall work closely with the Client to further develop, define and refine the sampling methodology that has been selected and outlined in Section 3.2
b) Based on Client requirements specified in this RFP, the Consultant shall use all available data sources to
determine the exact sample size which will achieve the Study objectives and, developing a detailed sampling plan for approval by the Client (“Sampling Plan”). An indicative number of GPs and stakeholders for the key informant interviews are to be included in the sample as provided in Section 3.2, however Bidders should present their calculation for the exact sample size that they propose.
c) The Consultant shall find, document and provide to the Client all supporting documents necessary and used in
designing the Sampling Plan – such as population, NOFN connectivity and other data (up to Gram Panchayats) as applicable.
3.3.2 Research Instrument Finalization a) The Consultant shall work with the Client to improve and finalize and format the “Research Instruments”
(survey questionnaire/s, screener, etc.) using its expertise and experience.
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b) The Consultant will complete the final scripting of the Research Instruments where necessary and put them into field-‐ready format. The Consultant shall translate the Research Instruments once the English version has been determined. Once finalized, the Consultant shall translate the Research Instruments into local languages and dialects where appropriate; the Consultant shall ensure that the translated versions are checked for consistency and to ensure that the meanings have been correctly translated; to the best of its capabilities, the Client will have local language translations checked in parallel for consistency.
c) The translated Research Instrument for the survey to assess absorptive capacity of institutional users of NOFN
in India shall be pilot-‐tested by the Consultant among 30 respondents (15 each from Andra and Rajasthan) of similar profiles to the survey target group before fieldwork commences.
d) For the survey to examine the non-‐ uptake of NOFN by private players in India, five pilot interviews shall be
conducted by the Consultant e) Based on the pilot tests, the Consultant will prepare a short report on how each of the Research Instruments
are working and indicate what changes are required (“Report of Pilot Tests”). If relevant, the Consultant will propose changes in the Research Instruments and will facilitate the raw pilot data to the Client, who may reserve the right to include any change in the questionnaire. The Consultant will forward the finalized, formatted English language versions of the Research Instruments, as well as the local language versions to the Client and obtain approval prior to engaging in fieldwork.
3.3.3 Collection, Entry and Cleaning of Data a) Prior to the commencement of an interview, the respondent shall be informed of the items listed under
Condition 6 in the General Contract (See Annex 3 for template contract), with written consent obtained from the respondent to (1) proceed with the interview; (2) be photographed [if applicable]; and (3) be contacted again for further research. This informed consent on all three aspects will be entered as three separate variables in the dataset resulting from the surveys.
b) After obtaining consent to re-‐contact has been obtained as specified in 3.3.3.(a), Respondents’ primary
contact information will be recorded, along with sufficient alternative which may be used in the event that the respondent cannot be reached through the primary contact information. Contact information shall be provided in a separate database/spreadsheet along with the respective respondent ID numbers (“Respondent Contact Information Database”).
c) The capture of data may be done either by manual or electronic means. Bidders should include a discussion of
the pros and cons of electronic means, if available in their Technical Proposals. Where the Bidder proposes to use electronic means, it should clearly indicate previous experience with the same, if any, and how it will overcome electricity unavailability in very rural areas.
d) The Consultant will ensure a response rate according to the parameters set out in Section 3.3.6. e) The Consultant will recruit qualified respondents and administer the Research Instruments in local languages
and dialects, where appropriate, in the country. f) The Consultant will capture a sample of the fieldwork process via photographs (at least 5 respondents per
group) which can be used to support the survey findings in later presentations by the Client (“Field Photographs”). The Field Photographs must be clearly labeled to enable identification of the cluster. Written consent to take photographs must be obtained from respondents before they are photographed.
g) During all stages of data collection, the Consultant shall keep the Client informed about progress, preferably
every alternative day and discuss any problems that are being encountered. No deviations from the agreed sampling methodologies or other elements of the research design will be accepted unless the Client has
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authorized. Such deviations must be documented (with justifications) in the final Methodology Note (See Section 3.3.8).
h) The Client may accompany the Consultant’s fieldwork team/s in the country at any given moment, with no
more than 1 days’ notice, in order to check the reliability of data. The Consultant must furnish the Client with letters of invitation in to India well in advance, for the purpose of obtaining (multiple entry) visas. In the event that the successful bidder does not have a physical presence in India, the local fieldwork partner in India, along with a copy of their business registration, should furnish these letters.
i) For the survey to assess absorptive capacity of institutional users of NOFN (Survey 1) data collection should be
undertaken through face-‐to-‐face interviews with head or senior representatives of the institutional users in selected GPs in the respective local language/s and dialects in each geographical area as appropriate. The interview shall last up to 30 minutes.
j) The survey to understand the non-‐uptake of private players in NOFN (Survey 2) should be undertaken through face-‐to-‐face or phone interviews with suitable representatives of stakeholders organizations. Bidders should provide costing for both methods in their proposals as well as any concerns with either of the two methods. The list of respondents shall be approved by the Client prior to fieldwork. The interviews shall last up to 30 minutes.
k) The Consultant will enter and clean the data collected from each survey and provide the Client with two (2)
finalized cleaned datasets (“the Datasets”) in excel and in SPSS format. If a paper-‐based survey method is used for data collection, the paper surveys should be digitized twice to ensure the quality of data. Two independent data entry operators should do this. Then, discrepancies between the two entries should be checked and corrected by a third operator using the paper-‐surveys. The vendor will submit hardcopies of the questionnaires of ten respondents randomly selected by the Client. If the data were collected electronically, the raw data in original formats shall be submitted.
l) After the Consultant hands over the Dataset, the Consultant will assist the Client with queries on the data and methodological details; any problems that subsequently arise with regard to the datasets shall be remedied by the Consultant as soon as possible.
3.3.4 Analysis and Reporting
a) The Consultant will provide a PowerPoint slide set of tables and charts, created out of the Datasets. The client should be able to make modifications from the charts and tables, if needed. The raw outputs from where charts and tables are generated, should be submitted as well.
b) The consultant will provide a excel workbook of frequency distributions of the data. The template shall be provided by the client.
c) The Consultant will make a presentation of the findings to the Client before final submission of the Datasets and the PowerPoint slide set.
d) The format and styling of the PPT slides shall be discussed with the client. a) The Consultant should utilize appropriate analysis techniques to provide an analysis of the data. The
Consultant is expected to use the most novel and useful techniques. b) The Consultant will present the above findings to the Client in the form of a comprehensive report (“the
Report”) covering topics decided upon discussions with the Client. A finalized version of the Report should be provided no later than 23 November 2015. It is expected that the Consultant will assist the Client with queries and clarifications on the Report as well as the methodology after the handing over of the final version of the Report.
c) The final Report should contain a section describing the methodology undertaken (including any problems in implementation and what remedial actions were taken), sample sizes and composition, as well as a list of areas (towns/districts) where respondents were interviewed, with some indication on a map of the same.
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d) Client will of course be open to co-‐authorship of articles based on the survey with Consultant staff if they are interested in publishing in the academic sphere; this can be discussed at a later point.
e) The Consultant will provide English language transcripts of all 100 interviews conducted with the stakeholders in Survey 2; the costs of this shall be explicitly provided in Bidders’ Financial Proposals.
3.3.5 Coordination
a) In the case where data collection is to be carried out by the Collaborating Entity, the Consultant shall coordinate the data collection and entry with the Collaborating Entity, and liaise with them to ensure consistency in all aspects of the study and adherence to all applicable quality control measures at all times. The Consultant will be the single point of contact for the Client.
b) The Consultant will work with the Collaborating Entity to quickly resolve any problems that arise.
c) The Consultant should keep the Client informed of the general progress on survey implementation through regular updates.
3.3.6 Quality & Penalty Clause
a) The Consultant will ensure consistency in implementation and quality control across the country, including where fieldwork is to be conducted by contracted (third party) staff. The Consultant will be expected to deploy its own quality control mechanisms beyond those stipulated by the Client; such mechanisms should be elaborated in the Bidder’s Technical Proposal. Penalties for inadequate quality will be applied as per Table 2.
b) Unless specific allowance from the Client, the Consultancy will not be considered to be completed if the percentage of surveyed selected IUs over total selected IUs to be interviewed is below 95%. Penalties for survey response rates below 95% as per Table 3. The Consultant is expected to share the raw data used for calculating the response rate in the Methodology Note (See Section 3.3.8).
c) The response rate for the Survey 2 (Survey to examine the non-‐uptake of NOFN by private players in
India) should be 95% (See Section 3.3.8).
d) If a paper-‐based survey method is used for data collection, the paper surveys should be digitized twice to ensure the quality of data. This should be done by two independent data entry operators. Then, discrepancies between the two entries should be checked and corrected by a third operator using the paper-‐surveys. The discrepancy analysis shall be presented to the Consultant upon completion of data entry (“Discrepancy Analysis”).
e) Interviews will be discarded in case there are fatal errors in the fieldwork. These fatal errors are primarily about not following the instructions in the questionnaire and screener. The Consultant is expected to provide replacement interview/s as directed by the Client, for the discarded ones. The number of discarded and replacement interviews shall be provided to the Client in the Methodology Note (See Section 3.3.8).
f) While it is expected that the Consultant performs a sufficient number of back-‐checks of interviews, the
Client will also perform a number of random back-‐checks of its own, as such the Consultant is required to comply with this and provide the necessary information for this as specified in (including a full list of respondents with contact information). The Consultant is therefore expected to provide the Client access to a list of all respondents interviewed along with detailed and comprehensive contact and identification information from which the Client can make random selections from for this purpose. The Consultant shall ensure relevant consent for data collection and use is obtained from respondents upon interview, as
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specified in Section 3.3.3.(a). Access to the selected respondent’s data shall be made available to the Client for verification. The modalities of this can be finalized in consultation with the Client before fieldwork commences.
g) There will be penalties attached to the contract between the Consultant and the Client, which will be
applied in the event of any of the occurrences given in Table 1.
Table 1: Penalties for lapses in quality Trigger
Penalty (% of Contract value)
Delayed delivery of any percentage of total Datasets 10 Any unjustified non-‐compliance of data quality protocol is discovered (e.g. failure to conduct double data entry, lack of rigorous behavior of the enumerators in the data collection process, etc)
30
Falsification of data 30 Response rate* (number of completed interviews for survey 1) between 93-‐95% 5 Response rate* (number of completed interviews for survey 1) between 90-‐92% 10 Response rate* (number of completed key informant interviews for Survey 2) between 93-‐95%
10
h) The Consultant shall provide a section reporting the quality metrics aforementioned, including but not limited to the following: Survey response rates (with raw data), missing values rates, number of replacement interviews due to fatal errors, number of replacement interviews due to non-‐contactability of respondent, number of back-‐checked interviews, Discrepancy Analysis.
3.3.7 Initial Data Analysis and Top-‐line Presentation
a) The Consultant shall perform an initial data analysis constituting descriptive statistics and cross tabulations. The main objective of this analysis will be to ensure the quality of the data collected and to identify the main trends in the data.
The Consultant will be expected to make a top-‐line presentation (“Top-‐line Presentation”) based on this initial data analysis to the Client within 14 days of the data entry completion. The Top-‐line Presentation need not be comprehensive. The contents of the Top-‐line Presentation will be worked out in advance, in consultation with the Client.
b) The location of the presentation shall be finalized closer to the date. Should international travel and/or overnight accommodation be required for the Consultant for this presentation, the Client will provide accommodation for a maximum of one (1) Consultant staff as appropriate. International economy class travel costs for a maximum of one (1) Consultant staff will be reimbursed upon the provision of invoices, as long as the Consultant follows the travel guidelines specified by the Client. As such, such costs should not be included in the Financial Proposal at this time.
c) Once the Datasets have been handed over to the Client, and the Top-‐line Presentation has been
completed and related slide set (in editable format) has been handed over to the Client, the Consultant’s role in the rest of the analysis will be limited to responding to queries that the Client has on the data, as well as methodology.
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3.3.8 Methodology Note a) After the completion of field-‐work, a detailed write-‐up of the research methodology that was
implemented shall be provided by the Consultant (“Methodology Note”). This may be included in the Report as a methodology section or annex to the Report as needed.
b) The Methodology Note shall describe any problems encountered in the implementation of the study and what remedial actions were taken. The Methodology Note shall describe any deviations in the methodology that was undertaken, the justifications for the same and implications on the data.
c) The methodology Note shall contain details on the quality metrics as described in Section 3.3.6 (Table 3).
d) The Methodology Note will also provide a detailed list of locations where respondents were surveyed as well as the number of respondents sampled in that particular location. Where possible, the locations should be indicated on a map. In addition, the Client may require GPS coordinates of respondents. This can be done using commonly available GPS-‐capable phones or other technologies chosen by the Consultant. Additional costs (if any) of obtaining such coordinates should be indicated separately and clearly in the financial proposal.
3.4 DELIVERABLES The following deliverables shall be made as part of the contract:
1. Finalized study design and Sampling Plan with supporting documents 2. Report of Pilot Tests 3. Finalized, translated, field-‐ready Research Instruments (English and local language versions) 4. Data collection (IUs in Gram Panchayats adhering to response rate > 95 % and stakeholders in NOFN India
adhering to response rate > 95 %) entry and cleaning. 5. Respondent Contact Information Database 6. Top-‐line Presentation and Power Point slide set for same 7. Finalized, cleaned Dataset (including consent variables (see Section 3.3.3(a)) 8. Methodology note (including section on quality metrics (see Section 3.3.8)) 9. Field Photographs (5 per cluster) 10. Assistance with queries on data and methodology
3.4.1 General Management and Coordination d) The Consultant shall coordinate the data collection and entry with its respective regional offices or
delegated fieldwork partners, and liaise with them to ensure consistency in all aspects of the study so as to ensure full comparability of data between countries, and to ensure quality control at all times. The Consultant will be the single point of contact for the Client.
e) The Consultant will work with the respective designated fieldwork partners to immediately resolve any problems that arise.
f) The Consultant will keep the Client informed of the general progress on research implementation. 3.5 TIMELINE & PAYMENT SCHEDULE It is expected that the selected bidder will be notified by 4th September 2015; thereafter a contract can be signed, and the work should commence immediately. The Consultant is free to set its own timeline as necessary, keeping in mind (a) the fieldwork should be timed in such a way to enable Client researchers to make field visits; and (b) the study completion date of 23rd November 2015. The following is the payment schedule. The actual completion dates may change based on the sampling methodology selected and Consultant’s proposed timelines. Such changes will be reflected in the final contract:
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Table 2: Payment schedule Phase Deliverables/milestone Estimated
completion date based on current knowledge
Payment amount (% of contract value)
Signing of contract 09 October 2015 40% Phase 1: 1. Finalized study design and Sampling Plan with
supporting documents 2. Report of Pilot Tests 3. Finalized, translated, field-‐ready Research
Instruments (English and local language versions) 4. Data collection (IUs and stakeholders) as detailed in
previous sections, adhering to response rate in table 02), entry and cleaning.
5. Respondent Contact Information Database 6. Top-‐line Presentation
09 November 2015 30%
Phase 2: 7. Finalized, cleaned Dataset (including consent variables (see Section 3.3.3(a))
8. Finalized, cleaned Cluster Dataset 9. Methodology note (including section on quality
metrics (see Section 3.3.8)) 10. Field Photographs (5 per cluster)
23 November 2015 30%
Phase 3: 11. Assistance with queries on data and methodology Although all final payments will have been made to the Consultant by this point, it is expected that the Consultant continues to work with the Client by responding to queries if any thereafter.
All payments are subject to the deliverables being approved for quality and content, and maybe thus altered, or withheld accordingly.
The Client shall make payments no later than 14 days of receiving invoice from Client. The Client shall raise invoice only upon the Client approving a given deliverable(s).
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ANNEX 1: TECHNICAL PROPOSAL TEMPLATE STUDY TO ASSESS POTENTIAL OF NOFN FOR RURAL CONNECTIVITY IN INDIA: TECHNICAL PROPOSAL MADE BY <FIRM NAME AND AUTHORIZED ENTITY>, TOGETHER WITH <FIRM NAME/COLLABORATING ENTITY> AND <FIRM NAME/COLLABORATING ENTITY>
1) The Consultant’s Organization Brief profile about firm leading the bid (Authorized Entity), indicating clearly the presence of legally incorporated offices under the prevailing laws in India, if applicable. No more than 1 page. Please attach scanned copies of Bidder and/or Collaborating Entity’s India business registration.
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Brief profile of the first Collaborating Entity and any prior collaboration with Authorized Entity (if applicable). No more than ½ a page.
Brief profile of the second Collaborating Entity and any prior collaboration with Authorized Entity (if applicable). No more than ½ a page.
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Field strength of firm which will undertake the fieldwork Firm undertaking fieldwork Number of full-‐time fieldwork staff Number of part-‐time fieldwork staff
Number of temporary fieldwork staff to be recruited
Minimum qualifications and experience for recruiting fieldwork staff (permanent/temporary): Details of field strategy for the Study (e.g., number of field staff to be deployed [specify part/full time employees vs. temporary], number of supervisors to be deployed per state (or other appropriate geographical division), plan for training of enumerators etc.)
Access to data for sampling purposes : Does the Bidder or Collaborating Entity have access to any comprehensive list of institutional users of GPs of India? Yes / No If ‘yes’, please specify details of the list, including from what year this data is: 2) Bidder’s Experience Please provide details of previous experience in carrying out survey work that: a) Target population, across all states and demographics in India b) Demonstrates experience in the design and conduct of research c) Demonstrates experience in conducting research relating to broadband, rural infrastructure and other related
fields d) Demonstrates experience in carrying out surveys using CAPI (Computer Assisted Personnel Interviewing)
methods In the case of a consortia bid, work carried out by the Authorized Entity (i.e. lead partner in consortia) as well as Collaborating Entities may be listed to demonstrate required experience.
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Duplicate the table below as necessary, using 1 table per example/assignment. Please provide no more than 10 examples. No more than 1 page per example/assignment. Assignment name:
Start date (month/year): Completion date (month/year):
Country: Location(s) within country survey work was done:
Target group/population:
Name of Client (organization or individual):
Address of Client:
Total No. of staff-‐months of the assignment: Approx. value of the services provided by your firm under the contract (in USD currency equivalent):
If work was carried out as part of a consortium (involving other firms), specify associated Consultants, if any, and specify who the leading firm was:
Name of senior professional staff of your firm involved and functions performed (indicate most significant profiles such as Project Director/Coordinator, Team Leader). Underline the staff who will be part of this (Client) Study if your proposal is successful:
Narrative description of Project including sample size and a clear description of sampling methodology: Description of actual services provided by your staff within the assignment (e.g. specify if questionnaire design, translations into local languages, sample design, training of enumerators, enumeration/field work, data entry, data analysis, quality control, and other work was carried out by your firm or others):
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3) Key Personnel / Team 3.1 Team Structure: Provide the names of persons that will fill the roles that are mandatory (one person may take up more than one role). Add other roles and describe responsibilities as desired. Note that proposed Team Leader shall be the Client’s primary contact person for the full duration of the Study, shall be a permanent employee of the firm leading the bid and handling contracting (i.e. of the Authorized Entity) and shall not be replaced or removed from this role for the entire duration of the Study without explicit authorization of the Client. Also note that Team Leader should be the person directly involved in supervising the day-‐to-‐day activities with respect to the Study. Other senior staff that will provide broad guidance and advice should be listed separately. ROLE Name of proposed Team Member
and proposed physical location during the Study
Tasks Assigned
1. Team Leader -‐ -‐
-‐ Team leader and Client’s primary contact person for duration of assignment
-‐ Etc. 2. Field Manager -‐
-‐
3. Etc. (add as appropriate)
-‐
4. ….
-‐
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3.2 Key personnel/team member qualifications For each team member listed above, provide details of qualifications and previous experience that demonstrate competency in carrying out specified/assigned tasks. Team Leader (No more than 1 page):
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Other role 1 (no more than ½ page) : (duplicate as necessary; no more than ½ page for each person/role)
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4) Consultant’s approach, methodology and quality assurance The Client is currently considering the sampling methodology/ies, as described in Section 3.2 of this RFP (Client Methodology). Complete the form below, indicating clearly the following: Methodology A, as proposed by the Client:
a) A detailed commentary on the methodology proposed by the Client, including anticipated problems. The bidder may present ways to improve this methodology (for no change in the proposed budget) so that robustness and the overall quality of the insights gained from the Study may be improved.
b) An indicative sample size is provided in Section 3.2; the Consultant should use this as a guide to develop a more detailed sample plan.
c) Recommended quality control mechanisms that will be carried out at each stage of the Study in the proposed methodology, with explanations
d) Any other comments, concerns of suggestions on the method and/or approach to the overall Study.
Methodology B -‐ Alternative Methodology: Bidders are encouraged to propose an alternate methodology which can achieve the study objectives, while ensuring precision of results and cost-‐effectiveness, this method should be detailed in the box provided giving justification while addressing the above points (a-‐c). No more than 2 pages of comments and discussions on each proposed methodology will be read. Methodology A -‐ Discussion and comments on proposed Client Methodology
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Recommended quality control mechanisms for Client Methodology (Methodology A), with explanations
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Methodology B -‐ Alternate methodology proposed by Bidder, if at all , with justification
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Recommended quality control mechanisms for alternate methodology (Methodology B) proposed by bidder, if different from those recommended for Methodology A.
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5) Proposed schedule illustrated in a Gantt chart The time required for finalizing and formatting the questionnaire, translating questionnaire into relevant local languages, piloting (field testing) of questionnaires and making subsequent changes, training of field staff, carrying out survey implementation, data entry and clean up, data analysis and top-‐line presentation to Client are minimum activities that must be included in the time line. Please provide separate Gantt charts for each methodology a) Schedule for Client Methodology (Methodology A) b) Schedule for Alternate Methodology Proposed by Bidder(Methodology B)
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6) Responsibilities of the Client Please indicate any responsibilities of the Client which the Bidder foresees. Responsibilities of the Client
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ANNEX 2: FINANCIAL PROPOSAL TEMPLATE Methodology A -‐ Proposed cost for Client Methodology Total Sample Size Total Cost in
USD Indicative incremental cost of each additional survey, beyond proposed sample size, in USD (see Note 1 below)
Any assumptions used in arriving at above costs (including assumptions about areas where the survey cannot be carried out due to security reasons):
Note 1: This information will only be used by the Client to determine the feasibility of increasing the sample size beyond what is proposed by the Consultant. Methodology B -‐ Proposed cost for Alternate Methodology Proposed by Bidder Total Sample Size Total Cost in USD Indicative incremental cost of
each additional survey, beyond proposed sample size, in USD (see Note 1)
Total
N/A
Any assumptions used in arriving at above costs:
Note 1: This information will only be used by the Client to determine the feasibility of increasing the sample size beyond what is proposed by the Consultant.
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ANNEX 4: DRAFT REQUEST FOR PROPOSALS
CONTRACT
BETWEEN <<<Full name of Consultant>>>
<<<Registered Address>>>
<<<Registered Address>>>
AND
LIRNEasia, 12 Balcombe Place, Colombo 0800 Sri Lanka
for the conduct of
STUDY TO ASSESS POTENTIAL OF NOFN FOR RURAL CONNECTIVITY IN INDIA
<<Date>>
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CONTRACT
THIS CONTRACT (hereinafter called the “Contract”) is entered into this <<date>>by and between LIRNEasia, having its principal place of business at 12 Balcombe Place, Colombo 0800, Sri Lanka (hereinafter called the “Client”) and <<<Name of the Consultant>>>, having its principal office located at <<<Address of Consultant>>> (hereinafter called the “Consultant”),
WHEREAS,
a) The Client has requested the Consultant to provide certain consulting services as defined in this Contract (hereinafter called the “Services”); and
b) The Consultant, having represented to the Client that it has the required professional skills, and personnel and technical resources, has agreed to provide the Services on the terms and conditions set forth in this Contract.
NOW THEREFORE THE PARTIES hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part of this Contract: (a) General Conditions of Contract;
(b) Appendix A: Description of Services
(c) Appendix B: Schedule of Payment
2. The mutual rights and obligations of the Client and the Consultant shall be as set forth in the Contract, in particular: (a) The Consultant shall carry out the Services in accordance with the provisions of the
Contract; and
(b) The Client shall make payments to the Consultant in accordance with the provisions of the Contract.
For and on behalf of:
LIRNEas ia
Helani Galpaya, CEO (LIRNEasia) Date
For and on behalf of :
<<<Consultant>>>
<<<Name of signatory>>> Date
<<<Designation of signatory>>>
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GENERAL CONDITIONS OF CONTRACT
1. Services The Consultant shall perform the services specified in Appendix A, “Description of Services,” which is made an integral part of this Contract (“the Services”).
2. Term The Consultant shall perform the Services according to the timeline set out in Appendix A, “Description of Services,” of the Contract, or any other period as may be subsequently agreed by the parties in writing.
3. Payment
3.1. Ceiling For Services rendered pursuant to Appendix A, “Description of Services,” the Client shall pay the Consultant an amount not to exceed <<<Total value of contract in words>>> United States Dollars (USD<<amount in numbers>>). This amount has been established based on the understanding that it includes all of the Consultant’s costs including all relevant taxes.
3.2. Schedule of payments
For services rendered pursuant to the conduct of STUDY TO ASSESS POTENTIAL OF NOFN FOR RURAL CONNECTIVITY IN INDIA, the client shall pay the consultant as per Appendix B, “Schedule of Payments.”
3.3. Payment conditions
Payment shall be made in United States Dollars (USD) in accordance with Appendix B. The Client shall not be responsible for any currency fluctuation in the Consultant’s foreign currency denominated costs during the course of the Contract.
4. Performance Standards
The Consultant undertakes to perform the Services with the highest standards of professional and ethical competence and integrity.
5. Copyright and Use
5.1. Copyright and ownership of Material
Any data, study reports or other material, graphic, software or otherwise (“the Material”), collected or prepared by the Consultant specifically for the Client under the Contract shall belong to and remain the property of the Client. Client grants to Consultant a license to retain all survey or project results in its databases used by Consultant for benchmarking and validation of Consultant’s analyses, provided that such materials are available solely on the basis that no respondent is personally identifiable in any manner in the Consultant’s databases.
5.2. Use and Publication of Material
(a) Subject to Clause 5.2(b), the Client may use and publish the Material in any way that it wishes.
(b) The Materials may not be used in legal proceedings. Client will not use or publish the Material in a misleading manner. Any conclusions drawn from the data will be the sole responsibility of the Client.
(c) The Client may enter into contracts with third parties (“Third Parties”) which will result in the insertion of specific questions in the questionnaire. The Client reserves the right to vest ownership of the data resulting from those questions with the Third Parties. This data is to be treated as highly confidential, and, except as provided in Clause 5.1, may not be used in any manner by the Consultant, without prior written permission of the Client. The Client will
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indicate in writing to the Consultant which questions are to be treated in this manner if any. Any Third Party use of such data shall be subject to the terms of this Contract.
6. Ethical standards Before an individual becomes a participant in the research detailed in Appendix A, “Description of Services,” (a “Subject of Research”), he/she shall be notified of:
a) The aims, methods, anticipated and potential hazards of the research, if any;
b) His/her right to abstain from participation in the research and his/her right to terminate at any time his/her participation; and
c) The confidential nature of his/her replies
No individual shall become a Subject of Research unless he/she is given the notice referred to in the preceding paragraph and provides a freely given consent that he/she agrees to participate. No pressure or inducement of any kind shall be applied to encourage the individual to become a Subject of Research.
Proof of notification of the above (6a-6c) will be obtained by way of obtaining the subject’s signature or for illiterate subjects some other suitable way determined in consultation with the Client
The identity of individuals from whom information is obtained in the course of the research shall be kept strictly confidential. At the conclusion of the term of the Contract, any information that reveals the identity of individuals who were Subjects of Research shall be destroyed unless the individual concerned has consented otherwise in writing. No information revealing the identity of any individual shall be included in the final report or in any other communication prepared in the course, or as a result of the research, unless the individual concerned has consented in writing to its inclusion beforehand.
Where subjects are to be photographed, prior consent from the subjects will be obtained and documented.
Where contact information is to be obtained and recorded from the subjects, prior consent from the subjects to record this information on behalf of the Client will be obtained and documented.
When children are involved in the research, in addition to the requirements set out in the preceding paragraphs being complied with, children shall not be allowed to participate unless:
i. Their parents or legal guardians have been counseled with respect to the children’s participation in accordance with paragraphs 6(a), 6(b) and 6(c); and
ii. Their parents or legal guardians have given their free, explicit, and informed consent to the participation of the children in the research.
Parents or legal guardians shall have the right to withdraw their children from the research at any time.
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7. Extension of contract
This contract may be extended, subject to written agreement between the Consultant and the Client.
8. Assignment The Consultant shall not assign this Contract or sub-contract any portion of it without the Client's prior written consent. In the event that the Consultant sub-contracts any portion of the Contract to third parties (Sub-contracted Parties), the Client should be informed in writing of such Sub-contracted Parties before the Sub-contracted Parties are contracted by Consultant; credentials of the Sub-contracted Parties along with details of any prior working experience with Consultant should be provided to the Client; any objections by the Client shall be raised within five (5) working days. The Consultant shall ensure that all terms and conditions on this Contract are enforced upon such Sub-contracted Parties.
9. Law Governing Contract and Language
The Contract shall be governed by the laws of <<Sri Lanka OR the Republic of Singapore>>, and the language of the Contract shall be English.
10. Termination By the Client
The Client may terminate this Contract in case of the occurrence of any of the events specified in paragraphs (a) through (f) of this Clause. In such an occurrence the Client shall give not less than thirty (30) days’ written notice of termination to the Consultant, and forty (40) days’ in the case of the event referred to in (e).
(a) If the Consultant does not remedy a failure in the performance of their obligations under the Contract or does not ensure quality of service expected under this contract, within thirty (15) days after being notified or within any further period as the Client may have subsequently approved in writing.
(b) If the Consultant becomes insolvent or bankrupt.
(c) If the Consultant, in the judgment of the Client has engaged in corrupt or fraudulent practices in competing for or in executing the Contract.
(d) If, as the result of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) days.
(e) If the Consultant fails to comply with any final decision reached as a result of any dispute resolution proceedings.
11. Termination By the Consultant
Notwithstanding anything to the contrary contained in these terms and conditions or any other agreements between the Parties hereto, the Consultant may without prejudice to any legal right or remedy which may be available to it for any breach or nonobservance by the Client of these terms and conditions, terminate this Contact by giving not less than thirty (30) days’ written notice of termination to the Client, on any one or more of the following grounds:
(a) If the Client is in breach of the Client's obligations hereto.
12. Limitation of Liability
Consultant shall refund any fees paid for project deliverables that it fails to deliver. Consultant shall use reasonable efforts to correct errors Client identifies in information Consultant has delivered. If Client returns all copies of
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uncorrectable erroneous information delivered by Consultant, Consultant shall reimburse Client for its proven actual damages from such errors, up to an aggregate maximum not to exceed Consultant’s charges for the erroneous information. Except for the liabilities specifically assumed in the foregoing sentences, the indemnification provisions of this Agreement and for breaches of confidentiality, neither party shall otherwise be liable, in contract, tort (including negligence) or otherwise, for any loss, expense or damage of any kind including, without limitation, direct, special, incidental or consequential damages, due to any failure to furnish or delay in furnishing any services, any errors in any services, project deliverables or data, or their use by Client or others. These remedies are exclusive.
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LIST OF APPENDICES
Appendix A: Description of Services <<as specified in the RFP, with adjustments according to the final agreed upon study parameters>>
Appendix B: Schedule of Payments <<as specified in the RFP, with adjustments according to the final agreed upon study parameters>>