Para 10.6 — CONSULT_MANUAL

2. While making the final payment to the contractor and before releasing the PBG, it should be ensured that there is nothing outstanding from the contractor, because it would be difficult to retrieve such amounts after releasing the bank guarantee/final payment. Before the bank guarantee is released a “no claim certificate” may be taken from the contractor as per the format given in Annexure 24.

3. The contract shall stand closed upon a) successful performance of all obligations by both parties, including completion of warrantee obligations and final payment. b) termination and settlements after that, if any.

4. At least in large contracts [above Rs. 50 (Rupees Fifty) lakhs], it should be ensured that before the release of the bank guarantee (final payment, if there is no bank guarantee), the following reconciliations should be done across Departments involved in the execution of the contract:

10.6 Concluding the Assignment and Post Contract review 1. The contract is normally considered closed on the day after the completion date listed in the contract. Any expenditure incurred after the completion date are unlikely to be paid. It is, therefore, important, under all types of assignments, for the consultant to request an extension of the completion date if it appears that additional items will need to be billed after the completion date. The consultant should submit the final claim promptly after completing the assignment. The standard consultant contract states that the claim must be submitted within 60 (sixty) days of completion.

10.7.1 Disputes

5. Deliverables Reconciliation: The user department and/or the indentor should confirm that all deliverables specified in the consultancy contract and paid for have been received in acceptable quality and completeness, in line with Terms of Reference (ToR). Full reconciliation of all outputs- such as reports, data sets, software tools, advisory notes, presentations, or other consultancy products – should be done, including documents of any deviations, delays, or shortfalls. All interim and final submissions should be verified and archived appropriately.

6. Reconciliation with the User Department: Besides deliverables reconciliation, the user Department should certify in writing that the following activities (wherever applicable) have been completed by the contractor, to the Department’s satisfaction, as per the contract:

a) Achievement of performance indicators or service levels defined in the ToR; b) Completion of fieldwork, data collection, or stakeholder consultations (if applicable); c) Provision of support or handholding during the implementation phase or transition period which ended on ______; d) Capacity building or training of departmental staff (if part of the contract); e) Return of all ID cards, gate passes, documents, draft versions, drawings, tools, devices, or any assets or facilities provided to the consultant; and f) Any post contract support, advisory, or monitoring obligations (if part of the contract), which concluded on ______.

7. Payment Reconciliation: The indenting/ user Departments may reconcile payments made to the consultant to ensure that there is no liability outstanding or dues recoverable from the consultant on account of:

a) LD; b) Price reduction enforced on account of shortfall in quality, deliverables or performance standards; c) Variations/deviations from the scope of the contract or Terms of Reference (ToR); d) Overpayments/duplicate payments, if any; e) Services availed from Procuring Entity and vacation thereof such as accommodation, electricity, water, security, transport, internet, or other support services; f) Reimbursements or claims related to travel, lodging, communication, and other expenses where the payment responsibility lies with the consultant but was initially borne by the procuring entity; g) Deliverables reconciliation; h) Price and exchange rate variations; i) Statutory duties paid on behalf of the contractor by Procuring Entity; and j) Testing, validation, or review charges incurred by the procuring entity on draft deliverables, software, models, or pilot exercises, including any losses due to failure of such validations.

8. On satisfactory reconciliation and against a “no claim certificate” from the contractor, the bank guarantee may be released, and its acknowledgement taken from the contractor.

9. On completion of all activities against a contract, the purchase file should be preserved for a period of five years in the record room and then destroyed after expiry of the applicable mandatory retention period with the approval of the CA. However, Procuring Entity, at its discretion, may retain important records for future reference.