Para 5.3.4 - Consultant Teaming | KartavyaDesk
Original Rule Text
3. Association among Shortlisted Consultants: Unless otherwise stipulated in TIS/ AITC, if a shortlisted Consultant considers that it may enhance its expertise for the assignment by associating with other consultants in the form of a Joint Venture or as Sub-consultants, it may do so with either (a) non-shortlisted Consultant(s) or (b) shortlisted Consultants, without vitiating the shortlisting criteria of the REOI. The shortlisted Consultant shall be a lead member when associating with non-shortlisted firms as a joint venture. If shortlisted Consultants associate with each other, any of them can be a lead member. A shortlisted Consultant must obtain the Procuring Entity's written approval not later than 14 days before the RfP submission deadline, in all such cases. Such approval shall be denied if (i) a shortlisted Consultant proposes to associate with an ineligible Consultant or, in case of an ineligible joint venture, any of its members (ii) because of the change, the consultant no longer substantially meets the qualification criteria outlined in REOI document, or (iii) if, in the opinion of the Procuring Entity, a substantial reduction in competition may result.
What This Means
Para 5.3.4 of the Manual for Procurement of Consultancy Services deals with how shortlisted consultants can team up with other firms to strengthen their bid. Think of it like this: a consultant who's already been pre-approved (shortlisted) for a project might realize they need extra expertise. This rule allows them to form a Joint Venture (JV) or use Sub-consultants to bring in that expertise. They can partner with firms that *weren't* initially shortlisted, or even with *other* shortlisted firms.
However, there are important conditions. If the shortlisted consultant wants to team up, they need to get written permission from the government department (the 'Procuring Entity') *before* submitting their final proposal. This request must be made at least 14 days before the proposal deadline. The department can refuse permission if the new partner is ineligible, if the team no longer meets the original requirements, or if the partnership significantly reduces competition for the project. The rule aims to balance allowing consultants to improve their bids with ensuring fairness and preventing unqualified firms from sneaking in.
This rule affects all consultants who have been shortlisted for government consultancy projects and are considering forming a Joint Venture or using Sub-consultants. It also affects the government departments responsible for procuring these consultancy services, as they need to review and approve (or deny) these partnership requests.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- •Shortlisted consultants can associate with other firms (shortlisted or not) via Joint Venture or Sub-consultancy.
- •The shortlisted consultant must be the lead member when associating with a non-shortlisted firm as a Joint Venture.
- •Prior written approval from the Procuring Entity is mandatory at least 14 days before the RfP submission deadline.
- •Approval can be denied if the partner is ineligible, the team no longer meets qualification criteria, or competition is significantly reduced.
- •The TIS/AITC (Terms of Invitation to Submit/Approach to Invitation to Consult) may have specific stipulations overriding this rule.
Practical Example
ABC Consultants has been shortlisted for a project to develop a smart city plan for Ayodhya, worth ₹50 Lakhs. They realize they lack expertise in renewable energy integration. They identify XYZ Energy, a firm *not* initially shortlisted, as a potential partner. ABC Consultants decides to form a Joint Venture with XYZ Energy, with ABC as the lead member.
ABC Consultants submits a request to the Ayodhya Smart City Corporation (the Procuring Entity) for approval of the JV, 20 days before the RfP deadline. The Corporation reviews XYZ Energy's credentials and finds them eligible. They also determine that the JV strengthens the bid without reducing competition. The Corporation approves the JV, allowing ABC Consultants and XYZ Energy to submit a joint proposal.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
What happens if we don't get approval before the RfP deadline?▼
Can a shortlisted consultant be a sub-consultant to another shortlisted consultant?▼
What constitutes a 'substantial reduction in competition'?▼
Does this rule apply to all types of consultancy procurements?▼
What documents are required when seeking approval for association?▼
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Test Your Knowledge
Question 1 of 3
According to Para 5.3.4 of the Manual for Procurement of Consultancy Services, a shortlisted consultant wishing to associate with a non-shortlisted firm as a Joint Venture must:
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