Government of Gujarat

Roads & Building Department

On behalf of

MINISTRY OF ROAD TRANSPORT & HIGHWAYS

Government of India

Consultancy Services for feasibility study

and preparation of Detailed Project Report
for Construction of R.O.B. in lieu of existing
Railway crossing at Km. 363.625 on NH-8A
K.F.T.Z. – Kandla road in the State of
Gujarat
REQUEST FOR PROPOSAL (RFP)

Office of the Executive Engineer,

National Highway Division,
Plot No.-1, Ward-3B, Tagore road,
ADIPUR-370205 (District : Kachchh)
Phone/ Fax : 02836-260304

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 INDEX
Sl. No. Content Page No.

1 Notice Inviting Tender (NIT) 3

2 Letter of Invitation 4-16

3 Data Sheet 17-23

4 Appendix - I : Terms of Reference 24-30

5 Enclosure - I : Manning Schedule 31

6 Enclosure - II : Qualification Requirements of Key Personnel 32-35

7 Enclosure - III: Schedule for Submission of Reports and Documents 36

8 Appendix - II : Formats for Eligibility 37-42

9 Appendix - III : Formats for Technical Proposals 43-56

10 Appendix - IV: Formats for Financial Proposals 57-58

11 Appendix - V: Detailed Evaluation Criteria 59-64

12 Appendix –VI: Draft Contract Agreement 65-106

 Ministry of Road Transport & Highways
REPRESENTED BY
Government of Gujarat (Roads & Building Department)
NOTICE INVITING TENDER (NIT)

Bid No. 08 of 2016-17

1. The Ministry of Road Transport & Highways represented by CE (NH) ,Roads & Building
Department, Gujarat State through Executive Engineer, National Highway Division,
Gandhidham has been assigned the work of carrying out Consultancy Services for feasibility study
and preparation of Detailed Project Report for the work as detailed below:
Sl. Description of work Tender Fee Bid Security
No. (in Rs.) (in Rs.)
1. Consultancy Services for carrying out feasibility study,
Detailed Survey/Investigation, Preparation of General
Arrangement Drawing, Detail Project Report for
Rs. 5,000/- Rs.50,000/-
Construction of proposed ROB (Six-lane configuration)
& its approaches in replacement of temporary LC at
Km.363.625 on NH-8A (New NH- 141)

2. Proposals are hereby invited online from eligible Consultants empanelled by MoRT&H for
Consultancy Services for feasibility study and preparation of Detailed Project Report for Construction
of R.O.B in lieu of LC at Km 363.625 on NH-8A. The Letter of Invitation (LOI) and Terms of
Reference (ToR) including Request for Proposal (RFP) is available online on e-tender portal of
MORT&H [Link] Cost of the Document in the form of a Non-refundable document
fee of Rs.5,000/- (Rupees Five Thousand only) in the form of Demand Draft favoring " Executive
Engineer, National Highway Division, Gandhidham " payable at Gandhidham must be furnished
in a separate envelope while submitting the proposal.
3. The RFP has also been uploaded on “INFRACON” ([Link]). As such before
submitting the proposal the Consultant shall mandatorily register and enlist themselves (the firm and
all key personnel), on the MoRTH portal “INFRACON” and furnish registration details along with its
RFP. A copy of Infracon Operation Procedure is also enclosed for bidder’s reference.

4 All the bidders registered on Infracon shall form a Team on Infracon and which would
be assigned unique Infracon Team ID. Bidders while submitting the proposal shall quote the
Infracon Team ID.

5. Bid must be submitted online at e-tender portal of MORT & H [Link] on or

before 09.06.2017 (upto 1700 hrs IST).

6. The following schedule is to be followed for this assignment:

i) Available of online :- 28.05.2017
ii) Last date for submission of queries:- -----
iii) Pre bid meeting :- ------
iv) Deadline for Submission of bids :- 09.06.2017 (1700 hrs)

Sd/-
( [Link])
Executive Engineer,
National Highway Division,
Gandhidham

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 Letter of Invitation (LOI)

No. NH/AB/2017-18/ Dated:25.04.2017

Dear Sir,
Sub: Consultancy Services for carrying out feasibility study, Detailed
Survey/Investigation, Preparation of General Arrangement Drawing, Detail Project
Report for Construction of proposed ROB (Six-lane configuration) & its
approaches in replacement of temporary LC at Km.363.625 on NH-8A (New NH-
141)

1. Introduction

1.1 The Executive Engineer, National Highway Division, Gandhidham has been entrusted
with the assignment for carrying out “ Consultancy Services for carrying out feasibility
study, Detailed Survey/Investigation, Preparation of General Arrangement Drawing, Detail
Project Report for Construction of proposed ROB (Six-lane configuration) & its
approaches in replacement of temporary LC at Km.363.625 on NH-8A (New NH- 141).

1.2 A brief description of the assignment and its objectives are given in the NIT,
“Terms of Reference”.

1.3 The Executive Engineer, National Highway Division, Gandhidham invites Proposal (the
“Proposal”) through e-tender (on-line bid submission) for selection of Technical
Consultant (the “Consultant”) who shall prepare DPR. Consultant is hereby invited to
submit proposal in the manner as prescribed in the RFP. Financial proposal is only to be
submitted online and no hard copy of the financial proposal should be submitted. The
most preferred bidder would be determined on the basis of Quality and Cost as
mentioned in the RFP. The consultants are hereby invited to submit proposals in the
manner prescribed in the RFP.

1.4 The consultants shall submit proposals either in sole capacity or in JV or in Association.
Joint Venture/Association shall not have more than two firms. Any entity which has been
barred by the Ministry of Road Transport and Highways (MORTH) or its implementing
agencies for the works of Expressways, National Highways, ISC and EI Works and the bar
subsists as on the date of application, would not be eligible to submit the bid, either
individually or as a member of a Joint Venture.

1.5 To obtain first hand information on the assignment and on the local conditions, the
consultants are encouraged to pay a visit to the client, local State PWDs and the project
site before submitting a proposal and attend a pre-proposal conference. They must fully
inform themselves of local and site conditions and take them into account in preparing the
proposal.

1.6 Financial Proposals will be opened only for the firms found to be eligible and scoring
qualifying marks in accordance with Para 5 hereof. The consultancy services will be
awarded to the highest ranking consultant on the basis of Quality and Cost.

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1.7 Please note that (i) costs of preparing the proposal and of negotiating the contract,
including visits to the Client, etc., are not reimbursable as a direct cost of the assignment;
and (ii) Client is not bound to accept any of the proposals submitted and reserve the right
to reject any or all proposals without assigning any reasons.

1.8 The proposals must be properly signed as detailed below:

1.8.1 i. by the proprietor in case of a proprietary firm

ii. by the partner holding the Power of Attorney in caseof a firm in partnership (A
certified copy of the Power of Attorney on a stamppaperof Rs. 100 andduly
notarized shall accompany the Proposal).
iii. by a duly authorized person holding the Power of Attorney in case of a Limited
Company or a corporation (A certified copy of the Power of Attorney on a stamp
paper of Rs. 100 and duly notarized shall accompany the proposal).
iv. by the authorized representative in case of Joint Venture.

1.8.2 In case a Joint Venture/Association of firms, the proposal shall be accompanied by a

certified copy of legally binding Memorandum of Understanding (MOU) on a stamp paper
of Rs.100, signed by all firms to the joint venture confirming the following therein:
i. Date and place of signing
ii. Purpose of Joint Venture/Association (must include the details of contract works
for which the joint venture has been invited to bid)
iii. A clear and definite description of the proposed administrative arrangements for
the management and execution of the assignment. Name of Lead Firm and other
partner of JV should be clearly defined in the MOU.
iv. Delineation of duties/ responsibilities and scope of work to be undertaken by each
firm along with resources committed by each partner of the JV/Association for the
proposed services
v. An undertaking that the JV firms are jointly and severally liable to the Employer for
the performance of the services
vi. The authorized representative of the joint venture/Association
The Association firm shall give a Letter of Association, MOU as in i) to vi above except v,
letter of Authorization, copies of GPA/SPA for the person signing the documents and a
certificate of incorporation.

1.8.3 In case of Joint venture, one of the firms which preferably have relatively higher
experience, will act as the lead firm representing the Joint Venture. The duties,
responsibilities and powers of such lead firm shall be specifically included in the MOU
/agreement. It is expected that the lead partner would be authorized to incur liabilities and
to receive instructions and payments for and on behalf of the Joint Venture. Payment to be
made to the JV can also be made to the account of the JV. For a JV to be eligible for
bidding, the experience of lead partner and other partner should be as indicated in data
sheet.

1.8.4 A firm can bid for a project either as a sole consultant or in the form of joint venture with
other consultant or in association with any other consultant. However, alternative
proposals i.e. one as sole or in JV with other consultant and another in association / JV
with any other consultant for the same package will be summarily rejected. In such cases,

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 all the involved proposals shall be rejected.

1.9 Pre-proposal conference shall be held on the date, time and venue given in Data Sheet.

1.10 Bid Security

1.10.1 The applicant shall furnish as part of its Proposal, a Bid Security of Rs.50,000/- ( Rupees
Fifty Thousand only) in the form of a Bank Guarantee issued by one of the
Nationalized/Scheduled Banks in India in favour of the Executive Engineer, National
Highway Division, Gandhidham (the “Bid Security”) valid for a minimum period of
150 days (i.e.30 days beyond the validity of the bid) from the last date of submission
of proposals. This Bid Security is returnable not later than 30 (thirty) days from the date of
Opening of the Financial proposals except in case of the two highest ranked Applicants.
Bid Security of the Selected Applicant and the Second ranked Team shall be returned,
upon the Selected Applicant signing the Agreement.

1.10.2 Any Bid not accompanied by the Bid Security of the required value and minimum required
validity shall be rejected by the Authority as non-responsive.

1.10.3 The Ministry shall not be liable to pay any interest on the Bid Security and the same shall
be interest free.

1.10.4 The Applicant, by submitting its Application pursuant to this RFP, shall be deemed to have
acknowledged that without prejudice to the Ministry any other right or remedy hereunder or
in law or otherwise, the Bid Security shall be forfeited and appropriated by the Authority as
the mutually agreed pre-estimated compensation and damage payable to the Authority for,
inter alia the time, cost and effort of the Ministry in regard to RFP including the
consideration and evaluation of the Proposal under the following conditions:
(a) If an Applicant withdraws its Proposal during the period of its validity as
specified in this RFP and as extended by the Applicant from time to time

(b) In the case of the Selected Applicant, if the Applicant fails to reconfirm its
commitments during negotiations as required vide Para 6

(c) In the case of a Selected Applicant, if the Applicant fails to sign the Agreement

2 Documents

2.1 To enable you to prepare a proposal, please find and use the attached documents listed in
the Data Sheet.

2.2 Consultants requiring a clarification of the documents must notify the Client, in writing,
by --------. Any request for clarification in writing or by tele-fax/e-mail must be sent to the
Client’s address indicated in the Data Sheet. The Client will upload replies to pre bid
queries on its website.
2.3 At any time before the submission of proposals, the Client may, for any reason, whether

at its own initiative or in response to a clarification requested by a Consulting firm, modify

the Documents by amendment or corrigendum. The amendment will be uploaded on
Ministry/E-procurement website. The Client may at its discretion extend the deadline for

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 the submission of proposals and the same shall also be uploaded on Ministry/E-
procurement website.
3. Preparation of Proposal

The proposal must be prepared in three parts viz.,

Part 1: Proof of eligibility

Part 2: Technical Proposal

Part 3: Financial Proposal

3.1 Document in support of proof of eligibility

3.1.1 The minimum essential requirement in respect of eligibility has been indicated in the
Data Sheet. The proposal found deficient in anyrespect of these requirements will not be
considered for further evaluation. The followingdocuments must be furnished in support of
proof of eligibility as per Formats given in Appendix-II:

(i) Forwarding letter for Proof of Eligibility in the Form-E1.

(ii) Firm’s relevant experience and performance for the last 7 years:Project
sheets in support of relevant experience as per Form-E2/T3 supported by the
experience certificates from clients in support of experience asspecified in data
sheet for the project size preferably in terrain of similar nature as that of proposed
project shall be submitted. Certificate should indicate clearly the firms Design/DPR
experience, in structures like ROB, bridges, Flyover, Elevated Structure etc. Scope
of services rendered by the firm should be clearly indicated in the certificate
obtained from the client. The information given in Form E2/T3 shall also be
considered as part of Technical Proposal and shall be evaluated accordingly. The
Consultants are therefore advised to see carefully the evaluation criteria for
Technical Proposal and submit the Project Sheets accordingly.

(iii) Firm’s turnover for the last 5 years: A tabular statement as in Form E3 showing
the turnover of the applicant firm(s) for the last five years beginning with the last
financial year certified by the Chartered Account along with certified copies of the
audit reports shall be submitted in support of the turnover.

(iv) Document fee: The fee for the document amounting to Rs. 5,000/- (Rupees Five
Thousand only) in the form of Demand Draft favoring Executive Engineer,
National Highway Division,Gandhidham ’ payable at Gandhidham must be
furnished in a separate envelope while submitting the proposal.

(v) Bid Security: Bank Guarantee in support of bid security for an amount specified in
Data Sheet and having validity for a minimum period of 150 days (i.e.30 days
beyond the validity of the bid), from the last date of submission of proposals in the
Form E4.

(vi) Power of Attorney on a stamp paper of Rs.100 and duly notarized authorizing to
submit the proposal

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 (vii) In case a Joint Venture/Association of firms, the proposal shall be accompanied by
a certified copy of legally binding Memorandum of Understanding (MOU) on a
stamp paper of Rs.100, signed by all firms to the joint venture/Association as
detailed at para 1.8.2 above

3.1.2 The minimum essential requirement in respect of eligibility has been indicated in the
data sheet, the proposal found deficient in any respect of these requirements will
not be considered for further evaluation.

3.2 Technical Proposal

3.2.1 You are expected to examine all terms and instructions included in the Documents.
Failure to provide all requested information will be at your own risk and may result in
rejection of your proposal.

3.2.2 During preparation of the technical proposal, you must give particular attention to the
following:

Total assignment period is as indicated in the enclosed TOR. A manning schedule in

respect of requirement of key personnel is also furnished in the TOR which shall be the
basis of the financial proposal. You shall make your own assessment of support
personnel both technical and administrative to undertake the assignment. Additional
support and administrative staff need to be provided for timely completion of the project
within the total estimated cost. It is stressed that the time period for the assignment
indicated in the TOR should be strictly adhered to.

3.2.3 The technical proposal shall be submitted strictly in the Formats given in Appendix- III And
shall comprise of following documents:

i) Forwarding letter for Technical proposal duly signed by the authorized person on behalf
of the bidder, as in Form-T-1

ii) Details of projects for which Technical and Financial Proposals have been submitted by
a Consultant with a particular Team as in Form-T-2

iii) Firm’s references - Relevant Services carried out in the last seven years as per Form-
E2/T-3. This information submitted as part of Proof of Eligibility shall be evaluated and
need not be submitted again as a part of the Technical proposal

iv) Site Appreciation: limited to four A4 size pages in 1.5 space and 12 font including
photographs, if any (Form-T-4).

v) Comments on Terms of Reference: limited to two A4 size pages in 1.5 space and 12
font (Form-T-5).

vi) The composition of the proposed Team and Task Assignment to individual personnel:
Maximum three pages (Form-T-6).

vii) Proposed methodology for the execution of the services illustrated with bar charts of
activities, including any change proposed in the methodology of services indicated in
the TOR, and procedure for quality assurance: Maximum 4 pages (Form-T-7)

viii) The proposal should clearly identify and mention the details of Material Testing lab

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 facilities to be used by the Consultants for the project (Form-T-8). In this connection,
the proposals of the Consultants to use in-house lab facilities up to a distance of
maximum 400 km from the project site being feasible would be accepted. For all other
cases suitable nearby material Testing Laboratory shall be proposed before Contract
Agreement is executed.

ix) The proposal shall indicate as to whether the firm is having the facilities for carrying out
the following field activities or these are proposed to be outsourced to specialized
agencies in the Form- T-9.
a) Pavement Investigation
b) Geo-technical Investigation
In case the consultant envisages outsourcing any or all of the above services to the
expert agencies, the details of the same indicating the arrangement made with the
agencies need to be furnished. These agencies would however, be subject to approval
of the client to ensure quality input by such agencies during technical negotiation
before award of the work. For out-sourced services, proposed firms/consultants should
have such experience on similar projects

x) Details of office equipment andsoftware owned by the firm in Form-T10

xi) CV s of Key Personnel in Form-T 11.

3.2.4 CVs of Key Persons:

i) The CVs of the key personnel in the format as per Form T-11 is to be furnished. It
may please be ensured that the format is strictly followed and the information
furnished therein is true and correct. The CV must indicate the work in hand and the
duration till which the person will be required to be engaged in that assignment.
Experience certificates shall also be submitted. If any information is found incorrect,
at any stage, action including termination and debarment from future Ministry
projects upto 2 years may be taken by Ministry on the personnel and the Firm.
ii. No alternative to key personnel may be proposed and only one CV may be submitted
for each position. The minimum requirements of Qualification and Experience of all
key personnel are listed in Enclosure-II of TOR. CV of a person who does not meet
the minimum experience requirement as given at enclosure-II of TOR shall be
evaluated and the marks obtained shall be taken into consideration during evaluation
of Technical Proposal (except Team leader). However if a firm with such key
personnel is declared the “most preferred bidder ” for a particular package , such key
personnel should be replaced at the time of Contract Negotiations with a person
meeting requirements of Qualification and Experience as given at enclosure-II of
TOR and whose CV secures 75 % marks and above. If a proposed key personnel
does not possess the minimum (essential) educational qualification as given at
enclosure-II of TOR, Zero marks shall be assigned to such CV and such CV shall not
be evaluated further. The CV of the proposed Team Leader should score at least 75
% marks otherwise the entire proposal shall be considered to have failed in the
evaluation of Technical Proposals and shall not be considered for opening of
Financial Proposals.
iii. Team Leader, Highway cum Senior Bridge Engineer, Highway cum Pavement
Engineer, Geo-technical cum material engineer and Senior Survey Engineer should
be available from beginning of the project. 2 Key Personnel namely

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 Quantity Surveyor / Documentation expert and Traffic and safety expert are
allowed to be deployed/proposed in 2 teams at a time. If same CV is submitted by
two or more firms, zero marks shall be given for such CVfor all the firms.

iv. The availability of key personnel must be ensured for the duration of the project as per
proposed work programme. If a firm claims that a key personnel proposed by them is a
permanent employee of the firm ( the personnel should have worked in the firm
continuously for a period of at least 1 year) , a certificate to the effect along with pay slips
are required to be submitted.

v. The age limit for key personnel is 70years as on the date of bid submission except for
Senior survey engineer in which case the age limit is 65 years. The proof of age and
qualification of the key personnel must be furnished in the technical proposal.

vi. An undertaking from the key personnel must be furnished that he/she will be available for
entire duration of the project assignment and will not engage himself/herself in any other
assignment during the currency of his/her assignment on the project. After the award of
work, in case of non-availability of key personnel in spite of his/her declaration, he/she
shall be debarred for a period of two years for all projects of Ministry.

vii. Age limit for supporting staff to be deployed on project is 65 years as on the date of bid
submission.

viii. A good working knowledge of English Language is essential for key professional staff on
this assignment. Study reports must be in English Language.

ix. Photo, contact address and phone/mobile number of key personnel should be
furnished in the CV.

x. Availability of few keypersonnel engaged for preparation of Detailed Project

Report for the envisaged project may be ensured during first 3 to 4 months after start of
the civil work at site during the period of survey and review of DPR by the Supervision
consultant/Authority Engineer. For this purpose, payment shall be made as per actual site
deployment of the key personnel at the man month rates quoted by the firm in their
financial proposal.

xi. It may please be noted that in case the requirement of the ‘Experience ’ of the
firm/consortium as mentioned in the “Proof of Eligibility ’ is met by any foreign company,
their real involvement for the intended project shall be mandatory. This can be achieved
either by including certain man-months input of key experts belonging to the parent
foreign company, or by submitting at least the draft feasibility report and draft DPR duly
reviewed by the parent firm and their paying visit to the site and interacting with Ministry.
In case of key personnel proposed by the foreign company, they should be on its pay roll
for at least last six months (from the date of submission).

xii. In case a firm is proposing key personnel from educational/research institutions, a

‘No Objection Certificate’ from the concerned institution should be enclosed with the
CV of the proposed key personnel committing his services for the instant project.

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xiii) Original Curriculum Vitae (CV) and photocopies of certificates shall be recently signed in blue
ink by the proposed key professional staff on each page and also initialed by an authorized
official of the Firm and each page of the CV must be signed. The key information shall be as
per the format. Photocopy of the CVs will not be accepted. Unsigned copies of CVs shall be
rejected.

3.2.5 The technical proposal must not include any financial information.
3.3 Financial Proposal
3.3.1 The Financial proposal should include the costs associated with the assignment. These
shall normally cover: remuneration for staff (foreign and local, in the field, office etc),
accommodation, transportation, equipment, printing of documents, surveys, geotechnical
investigations etc. This cost should be broken down into foreign and local costs. Your
financial proposal should be prepared strictly using, the formats attached in Appendix - IV.
Your financial proposal should clearly indicate the amount asked for by you without any
assumptions of conditions attached to such amounts. Conditional offer or the proposal not
furnished in the format attached in Appendix-IV shall be considered non- responsive and
is liable to be rejected.

3.3.2 The financial proposal shall take into account all types of the tax liabilities and cost of
insurance specified in the Data Sheet.

3.3.3 Costs shall be expressed in Indian Rupees in case of domestic as well as for
foreign Consultant. The payments shall be made in Indian Rupees by the Ministry and
the Consultant themselves would be required to obtain foreign currency to the extent
quoted and accepted by Ministry. Rate for foreign exchange for payment shall be at the
rate established by RBI applicable at the time of making each payment installment on
items involving actual transaction in foreign currency. No compensation done to fluctuation
of currency exchange rate shall be made.

3.3.4 Consultants are required to charge only rental of equipments/ software(s) use so as to
economize in their financial bid.

4 Submission of Proposals

4.1 The Applicants shall submit the proposal (Proof of Eligibility and Technical Proposal) in
hard bound form with all pages numbered serially and by giving and index of submissions.
Applications submitted in other forms like spiral bound form; loose form etc shall be
rejected. Copies of Applications shall not be submitted and considered. A
Consultant with “a Particular Team” may submit only one hard copy (in original) of “proof of
eligibility (Part 1)” and “Technical Proposal (Part II)” to Ministry for all the packages applied
by them with a particular team on or before the deadline of submission of bids. A
consultant can apply for a particular package with one team only. The packages for which
a Consultant with “a Particular Team” applies should be clearly mentioned in their
proposal. However, Consultants are required to submit a copy of Proof of Eligibility and
Technical Proposal online separately for each package.

Financial proposal for each package are to be submitted separately. Financial proposal
are only to be submitted online and no hard copy of the financial proposal should be
submitted.

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4.2 You must submit original proposal as indicated in the Data Sheet. “Proof of Eligibility” in
original and hard bound should be enclosed in an envelope which should be marked as
“Part-I - Proof of Eligibility”. Similarly, “Technical Proposal” in original and hard bound
should be enclosed in an envelope which should be marked as “Part-II - Technical
Proposal” The proposal will be sealed in an outer envelope which will bear the address
and information indicated in the Data Sheet and shall be submitted to Ministry on or before
the deadline for submission of bids. The envelope must be clearly marked:

Project Name ................................ ………………………………………….

Do not open, except in presence of the evaluation committee
4.2.1 This outer envelope will contain three separate envelopes. The first envelope containing
“Proof of Eligibility” (which should be clearly marked), the second envelope containing
“Technical Proposal” (which should be clearly marked) and the third envelope containing a
demand draft of Rs. 5,000/- (cost of RFP), Bid Security of Rs. 1.00 lakh and validity as
mentioned in the RFP.

4.2.2 The proposal must be prepared in indelible ink and must be signed by the authorized
representative of the consultants. The letter of authorization must be confirmed by a
written power of attorney accompanying the proposals. All pages of the Proof of Eligibility
and Technical Proposal must be initialed by the person or persons signing the proposal.

4.3 The proposal must contain no interlineations or overwriting except as necessary to correct
errors made by the Consultants themselves, in which cases such corrections must be
initialed by the person or persons signing the proposal.

4.4 Your completed Proof of eligibility and Technical proposal (in hard copy) must be delivered
on or before the time and date at the address stated in Data Sheet. Proof of Eligibility,
Technical Proposal and Financial Proposal for each package shall have to be submitted
online also on or before the time and date at the address stated in Data Sheet
4.5 Your proposal must be valid for the number of days stated in the Data Sheet from the
closing date of submission of proposal.

5 Proposal Evaluation

5.1 The proposals would be evaluated by a Committee constituted in Regional Office of

Ministry. A three-stage procedure will be adopted in evaluating the proposal. In the first
stage- Proof of Eligibility, it will be examined as to whether:

i) The proposal is accompanied by Document fee

ii) The Proposal is accompanied by Bid Security of required value and of validity equal or
more than the minimum required validity
iii) The firms(s) have required experience
iv) The firms(s) have required turnover
v) The documents are properly signed by the authorized signatories and whether the
proposal contains proper POA as mentioned at para 1.8.1 above
vi) The proposals have been received on or before the dead line of submission.
vii) In case a Joint Venture/Association of firms, the proposal shall be accompanied by
a certified copy of legally binding Memorandum of Understanding (MOU) on a stamp paper
of Rs.100, signed by all firms to the joint venture/Association as detailed at para 1.8.2

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 above.
In case answers to any of the above items is ‘No’ the bid shall be declared as non-
responsive and shall not be evaluated further.

A Consultant satisfying the minimum Eligibility Criteria as mentioned in the Data sheet and
who had submitted the above mentioned documents shall be declared “pass” in Proof of
Eligibility and the Technical Proposals of only those consultants shall be opened and
evaluated further.

5.2 In the second stage the Technical proposal shall be evaluated as per the detailed
evaluation criteria given in Data Sheet.

A proposal securing 75 points shall be declared pass in the evaluation of Technical

Proposal The technical proposal should score at least 75 points out of 100 to be
considered for financial evaluation. The CV of the proposed Team Leader should
score at least 75 % marks otherwise the entire proposal shall be considered to have
failed in the evaluation of Technical Proposals and shall not be considered for opening
of Financial Proposals.

5.3 Evaluation of Financial Proposal

5.3.1 In case for a particular package, only one firm is eligible for opening of Financial
Proposals, the Financial Proposal shall not be opened, the bids for that package shall be
cancelled and Ministry shall invite fresh bids for this package. For financial evaluation, total
cost of financial proposal excluding Service Tax shall be considered. Service Tax shall be
payable extra.

5.3.2 The evaluation committee will determine whether the financial proposals are complete (i.e.
whether they have included cost of all items of the corresponding proposals ; if not, then
their cost will be considered as NIL but the consultant shall however be required to carry
out such obligations without any compensation. In case, if client feels that the work cannot
be carried out within overall cost of financial proposal, the proposal can be rejected. The
client shall correct any computational errors and correct prices in various currencies to the
single currency specified in Data Sheet. The evaluation shall exclude those taxes, duties,
fees, levies and other charges imposed under the applicable law & applied to foreign
components/ resident consultants.

5.3.3 For a package, the procedure as mentioned at Clauses 5.3.4, 5.4 and, 5.5 as mentioned
below shall be followed for determining the “most preferred bidder (H-1 bidder)” for this
package.

5.3.4 The lowest financial proposal (FM) will be given a financial score (SF) of 100 points. The
financial scores of other proposals will be computed as follows:

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 SF = 100xFM/F
(SF = Financial Score, FM= Amount of lowest bid, F= Amount of financial proposal
converted in the common currency)

5.4 Combined evaluation of Technical and Financial Proposals. Proposals will finally be ranked
according to their combined technical (ST) and Financial (SF) scores using the weights
indicated in the Data Sheet:

S= STxT + SFxf Where,

S= Combined Score,
ST= Technical Score out of 100 SF= Financial Score out of 100

T and f are values of weightage for technical and financial proposals respectively as given
in the Data Sheet.

5.5 For a particular package, a Consultant with a “particular Team” having the maximum
Combined score (S) shall be declared as the most preferred bidder (H-1).

5.6 In case work has to be awarded for multiple packages, award of work to a Consultant with
“a Particular Team” either as sole or as in JV/Association shall be limited to one package
only. At first, Consultants who become H-1 in one package each shall be assigned the
respective package. Then packages in which a Consultant with “a Particular Team” turns
out to be the most preferred bidder (H-1) in more than one package shall be considered.
In case, a Consultant with “a Particular Team” turns out to be the most preferred bidder
(H-1) in more than one package, the package which is to be awarded to this team of a
consultant shall be determined on the basis of least cost to Ministry considering the
Financial Quote of H-1 bidder and H-2 Bidder limited to those packages. Procedure to be
followed for awarding work based on QCBS including assessment of least cost to Ministry
under special circumstances i.e. When a Consultant with “a Particular Team” turns out to
be the most preferred bidder (H-1) in more than one package is given at given at Annex-II.
6 Negotiations

6.1 Prior to the expiration period of proposal validity, the Client will notify the most
preferred Consultant/Bidder i.e. the highest ranking consultant in writing by registered
letter, e-mail, or facsimile and invite him to negotiate the Contract.

6.2 Before the start of negotiations, the most preferred Consultant/Bidder (H-1) shall be
asked to give justification for the cost quoted by them to the full satisfaction of
Ministry.

Each key personnel of the preferred consultant shall be called for interview at the time of
negotiation at the cost of consultant before the award of work.

6.3 Negotiations normally take two to three [Link] aim is to reach agreement on all points
and initial a draft contract by the conclusion of Negotiations.

6.4 Negotiations will commence with discussion on technical proposal, the proposed
methodology (work plan), staffing and any suggestions made to improve the TOR, the
staffing and bar charts, which will indicate activities, periods in the field and in the home

14
 office, staff months, logistics and reporting. The financial proposal is subject to
rationalization. Special attention will be paid to optimize the required outputs from the
Consultants within the available budget and to define clearly the inputs required from the
Client to ensure satisfactory implementation of the Assignment.

6.5 Changes agreed upon will then be reflected in the financial proposal using proposed unit
rates.

6.6 Having selected Consultants, among other things, on the basis of an evaluation of
proposed key professional staff, the Client expects to negotiate, within the proposal
validity period, a contract on the basis of the staff named in the proposal and, prior to
contract negotiations, will require assurances that the staff will be actually available. The
Client may ask to give a replacement for the key professional who has scored less
than 75% marks by a person of at least 75% score. No reduction in remuneration
would be made on account of above change.
The Client will not consider substitutions during contract negotiations except in cases of
incapacity of key personnel for reasons of health. Similarly, after award of contract the
Client expects all of the proposed key personnel to be available during implementation of
the contract. The client will not consider substitutions during contract negotiations/ contract
implementation except under exceptional circumstances. For the reason other than death/
extreme medical ground, where replacement is proposed by the Consultant due to non
availability of the originally proposed key personnel or in cases where replacement has
become necessary as a key personnel proposed by the Consultant has been found to be
unsuitable for the project by Ministry during contract negotiations / contract implementation
, the following shall apply (i) for total replacement upto 33% of key personnel,
remuneration shall be reduced by 5% (ii) for total replacement between 33% to 50%,
remuneration shall be reduced by 10% (iii) for total replacement beyond 50% and 66%
remuneration shall be reduced by 15% (iv) for total replacement beyond 66% of the total
key personnel, the Client may initiate action for debarment of such consultant for future
projects of Ministry for a period of 6 months to 24 months. If for any reason beyond the
reasonable control of the consultants, it becomes necessary to replace any of the
personnel, the consultants shall forthwith provide as a replacement a person of
equivalent or better qualification and experience.

6.7 The negotiations will be concluded with a review of the draft Contract Agreement attached
at Appendix-V. The Client and the Consultants will finalize the contract to conclude
negotiations.

6.8 If a Consultant fails to conclude the negotiations with Ministry or in case a

consultant withdraws without starting / completing the negotiations with Ministry, it shall
attract penalty - encashment of Bid Security submitted by the Consultant

7 Performance Security
The consultant will furnish within 15 days of the issue of Letter of Acceptance (LOA), an
unconditional Bank Guarantee from a Nationalised Bank, IDBI or ICICI/ICICI
Bank/Foreign Bank/EXIM Bank / Any Scheduled Commercial Bank approved by RBI
having a net worth of not less than 500 crore as per latest Annual Report of the Bank. In
the case of a Foreign Bank (issued by a Branch in India) the net worth in respect of Indian
operations shall only be taken into account. In case of Foreign Bank, the BG
issued by Foreign Bank should be counter guaranteed by any Nationalised Bank in India.

15
 In case of JV, the BG shall be furnished on behalf of the JV or by the lead member of the
JVs for an amount equivalent to 10 % of the total contract value to be received by him
towards Performance Security valid for a period of three years beyond the date of
completion of services, or end of civil works contract, whichever earlier. The Bank
Guarantee will be released by Ministry upon expiry of 3 years beyond the date of
completion of services, or end of civil works contract, whichever earlier, provided
rectification of errors if any, found during implementation of the contract for civil
work and satisfactory report by Ministry in this regard is issued. If a Consultant fails
to submit the Performance Security (as specified above), it shall attract penalty -
encashment of Bid Security submitted by the Consultant
8. Penalty
The consultant will indemnify for any direct loss or damage that accrue due to
deficiency in services in carrying out Detailed Project Report. Penalty shall be imposed
on the consultants for poor performance/deficiency in service as expected from the
consultant and as stated in General Conditions of Contract.
9. Award of Contract
After successful Negotiations with the selected Consultant the Client shall issue letter of
award and ask the Consultant to provide Performance Security as in Para 7 above. If
negotiations (as per para 6 above) fail or the selected Consultant fail to provide
performance security within the prescribed time or the Consultant fail to sign the
Contract Agreement within prescribed time the Client may invite the 2 ndhighest ranking
bidder Consultant for Contract negotiations and follow the procedure outlined in Para 6,
9 and 10 of this Letter of Invitation.

10. Signing of Contract Agreement

After having received the performance security and verified it, the Client shall invite the
selected bidder for signing of Contract Agreement on a date and time convenient to
both parties within 15 days of receipt of valid Performance Security.
11. The Client shall keep the bidders informed during the entire bidding process and shall
host the following information on its website:
i) Notice Inviting Tender (NIT)
ii) Request For Proposal (RFP)
iii) Replies to pre-bid queries, if any
iv) Amendments / corrigendum to RFP
v) List of bidders who submitted the bids up to the deadline of submission
vi) List of bidders who did not pass the eligibility requirements, stating the broad
deficiencies
vii) List of bidders who did not pass the Technical Evaluation stating the reasons.
viii) List of bidders along with the technical score, who qualified for opening the financial bid
ix) Final Score of qualified bidders
x) Name of the bidders who is awarded the Contract
12. Confirmation
We would appreciate you informing us by facsimile/e-mail whether or not you will
submit a proposal.
Thanking you.
( [Link])
Executive Engineer,
Encl. As Above National Highway Division,
Gandhidham

16
 DATA SHEET

I (References to corresponding paragraphs of LOI are mentioned alongside)

1. The Name of the Assignment and description of project (Ref. Para 1.1)

2. The name of the Client is : Executive Engineer, National Highway Division, Gandhidham

3. Duration of the Project : 4 (Four)months

4. Date, Time and Venue of Pre-Proposal Conference Date:

Time: 11.30 AM
Venue: O/o. The Superintending Engineer,
National Highway Circle,
Patnagar Yojana Bhavan
Sector-16 ,
Gandhinagar – 382016 (Ref. Para 1.9)

5. The Documents are:

Appendix-I:Terms of Reference (TOR)
ii) Appendix-II Formats for Proof of Eligibility
iii. Appendix-III: Formats for Technical Proposal
iv. Appendix-IV: Formats for Financial Proposal
v. Appendix -VI Draft Contract Agreement
(Ref. Para 2.1)
6. Bid Security: Rs 0.50 Lakhs (Ref Para 1.10)

(i) The Consultants and their personnel shall pay all taxes (including service tax), custom duties,
fees, levies and other impositions levied under the laws prevailing seven days before the last
date of submission of the bids. The effects of any increase / decrease of any type of taxes levied
by the Government shall be borne by the Client / Consultant, as appropriate.

(ii) .Limitations of the Consultant’s Liability towards the Client shall be as per Clause 3.4
of Draft Contract Agreement

(iii) The risk and coverage shall be as per Clause 3.5 of Draft Contract Agreement.

8. The number of copies of the proposal required to be submitted: 1 no. (ref. para 4.1)
9. The address is ---(Ref. para 4.2)

Office of the Executive Engineer,

National Highway Division,
Plot No.-1, Ward-3B, Tagore road,
ADIPUR-370205 (District : Kachchh)
Phone/ Fax : 02836-260304

17
 The envelopes must be clearly marked:

i. Original Proposal;
ii. Documents in proof of eligibility and technical proposal asappropriate; and,
iii. Do not open, except in presence of the e v a l u a t i o n committee on the outer envelope.
iv. Project Name: -----------
v. Name and Address of Consultant

10. The date, time and Address of proposal submission are

Date 09.06.2017

Time 17: 00 hrs

11. Proposal Validity period (Number of days): 120 days (Ref. Para 4.5)

12. Evaluation criteria: (Ref. Para 3 & 5)

12.1 First stage evaluation – eligibility requirement. (Ref. Para 3.1 & 5.1)

Table-1: Minimum Eligibility Requirements

[Link]. Minimum experience and performance of Annual average turnover

Preparation of DPR of ROBs / Bridges in the
last 7 years(NH/SH/Equivalent) (for past
performance attach undertaking for any
litigation history/ and arbitration).

1 A Firm applying should have Experience of Annual average turnover for

preparation of Detailed Project Report / last 3 years of the firm should
Feasibility of at least two ROB or Major Bridge
be equal to or more than
& its approaches/ Flyover/ Elevated Structure
in last three years. Rs.5.00 Crores.

Note: The experience of a firm in preparation

of DPR for a private concessionaire/contractor
shall be considered only if the experience
certificate is authenticated by the concerned
competent Government department/authority.

18
i) The sole applicant shall fulfill all the requirements given in Table-1.

(ii) In case of JV, the Lead Partner should fulfill at least 75% of all eligibility requirements and the
other partner shall fulfill at least 50% of all eligibility requirements.

(iii) If the applicant firm has / have prepared the DPR/FS projects solely on its own, 100%weightage
shall be given. If the applicant firm has prepared the DPR/FS projects as a lead partner in a JV,
75% weightage shall be given. If the applicant firm have prepared the DPR projects as the other
partner (not lead partner) in a JV 50% weightage shall be given. If the applicant firm have
prepared the DPR/FS projects as an associate,
25% weightage shall be given.

12.2 First Stage : Technical evaluation (Refer 5.1 and 5.2)

12.2.1 The points given to different parameters (Evaluation criteria) are as below:
Evaluation Criteria for Technical Proposal
SL NR. Description Points

1 Specific Experience of the Firm related to the assignment in last 5 20

years
2 Adequacy of the proposed work plan and Methodology in response 5
to the TOR
3 Qualification and Relevant Experience of the Proposed Key 75
Personnel

Total 100

12.2.2 The number of points to be given under each of the evaluation sub-criteria are:

(i) Specific Experience of the Firm related to the assignment in last 5 years

19
 Sl. No. Description Points

(a) Experience in preparation of DPR/ feasibility study of Road Over 10

Bridge(ROB) or major bridge & its approaches/ Flyover/ Elevated
structure (2 marks per assignment)
(b) Experience in preparation of DPR for rehabilitation of bridges/ 6
ROB/Flyover/ Elevated structure ( 2 marks per assignment)
(c) Experience in proof checking designs of Road Over Bridge (ROB) or 4
major bridge & its approaches/ Flyover/ Elevated structure
Total 20

(ii) Adequacy of the proposed work plan and Methodology in response to the TOR

Sl. No. Description Points

(a) Comments/ Suggestions on TOR 1

(b) Quality of Approach and Methodology 3

(c) Work Program and Manning Schedule 1

Total 5

(iii) Qualification and Relevant Experience of the Proposed Key Personnel

Sl. No. Key Personnel Points

1 Team Leader-cum- Senior Bridge Engineer 25

2 Highway cum Pavement Engineer 15

3 Material cum Geo-tech/foundation Engineer 10

4 Senior Survey Engineer 10

5 Traffic Engineer cum Safety Expert 10

6 Quantity Surveyor/ Documentation 10

Total 75

12.2.3 Sub-criteria for qualification of key personnel is as mentioned below : Each Key Personnel will
be initially evaluated for 100 marks and final marks of each key personnel will be calculated as
per the weight age in Table (iii) above.

20
SI. Key Educational Professional Adequacy for the Total
No Personnel Experience Experience Assignment
.

1 Team Leader [Link]/ME in More than (i) Experience ii) 100

cum Senior Highways/Structu 15 Years- 10 in specific Experience
Bridge Engineer ral Engg. -10 Marks position in relevant to
Marks similar particular
project-10 assignment/
Between 10
marks/ similar
[Link]/BE in to 15 years -
assignment, project not
Civil Engg.-7 8 marks
maximum-40 included in
Marks
marks (i)-10 marks/
assignment,
maximum-
40 marks

2 Highway cum [Link]/ME in More than (i) Experience ii) 100

Pavement Highway/Transpo 15 Years- 10 in specific Experience
Engineer rtation Engg. -10 Marks position in relevant to
Marks similar particular
project-10 assignment/
Between 10
marks/ similar
[Link]/BE in to 15 years -
assignment, project not
Civil Engg.-7 8 marks
maximum-40 included in
Marks
marks (i)-10 marks/
assignment,
maximum-
40 marks

3 Material cum [Link]/ME in More than (i) Experience ii) 100

Geo- Geotechnical 15 Years- 10 in specific Experience
tech/foundati Engg./Soil Marks position in relevant to
on Engineer Mechanics/ Phd. similar particular
In Geology -10 project-10 assignment/
Between 10
Marks marks/ similar
to 15 years -
assignment, project not
8 marks
maximum-40 included in
[Link]/BE in
(i)-10 marks/

21
 Civil Engg.-7 marks assignment,
Marks maximum-
40 marks

4 Senior Survey [Link]/ME in More than (i) Experience ii)

Engineer Survey Engg. 15 Years- 10 in specific Experience
/Remote Sensing Marks position in relevant to
-10 Marks similar particular
project-10 assignment/
Between 5
marks/ similar
[Link]/BE in to 15 years -
assignment, project not
Civil Engg.-7 8 marks
maximum-40 included in
Marks
marks (i)-10 marks/
assignment,
maximum-
40 marks

5 Traffic [Link]/ME in More than (i) Experience ii) 100

Engineer cum Transportation/Tr 10 Years- 10 in specific Experience
Safety Expert affic Engg. -10 Marks position in relevant to
Marks similar particular
project-10 assignment/
Between 5
marks/ similar
[Link]/BE in to 10 years -
assignment, project not
Civil Engg.-7 8 marks
maximum-40 included in
Marks
marks (i)-10 marks/
assignment,
maximum-
40 marks

6 Quantity Graduate in More than (i) Experience ii) 100

Surveyor/ Civil Engg.-10 10 Years- 10 in specific Experience
Documentatio Marks Marks position in relevant to
n similar particular
project-10 assignment/
Between 5

22
 to 10 years - marks/ similar
8 marks assignment, project not
maximum-40 included in
marks (i)-10 marks/
assignment,
maximum-
40 marks

12.3 Detailed evaluation criteria which is to be used for evaluation of technical bids is as
indicated at Appendix-V.

The Consultant should carryout self-evaluation based on the evaluation criteria at Appendix-
V. While submitting the self-evaluation along with bid, Consultant shall make references to
the documents submitted in their proposal which have been relied upon in self-evaluation
Result of technical evaluation shall be made available on the website giving opportunity to
the bidders to respond within 7 days in case they have any objection

13 Second stage - Evaluation of Financial proposal

Financial Proposals of all Qualified Consultants in accordance with clause 5.2 and 5.3 of Letter of
Invitation shall be opened.
The consultancy services will be awarded to the consultant scoring highest marks in combined
evaluation of Technical and Financial proposals in accordance with clause 1.3 and
5.4 hereof.
The Factors are:
The weight given to Technical Proposal (T) = 0.80 The
weight given to Financial Proposal (f) = 0.20

13. The common currency is “Indian Rupee”. (Ref. Para 3.3.3)

Consultant have to quote in Rupees both for domestic Consultant as well as Foreign Consultants
14. Commencement of Assignment (Date, Location): The Consultants shall commence the
Services within fifteen days of the date of effectiveness of the contract at locations as required
for the project stretch stated in TOR. (Ref. Para 1.2 of LOI and 2.3 of GCC/SC

23
 APPENDIX I

TERMS OF REFERENCE (TOR)

Consultancy Services for carrying out feasibility study, Detailed

Survey/Investigation, Preparation of General Arrangement Drawing,
Detail Project Report for Construction of proposed ROB (Six-lane
configuration) & its approaches in replacement of temporary LC at
Km.363.625 on NH-8A (New NH- 141) in the State of Gujarat

24
 Terms of Reference for Consultancy Services (TOR)
1. PROJECT BACKGROUND:

In view of the fact that there have been numbers of accidents at railway level
crossings resulting in loss of lives and damages to Govt. as well as public properties,
Ministry of Railways as well as Ministry of Road Transport & Highways are
emphasizing the need for construction of ROBs in place of these railway level
crossings. Further, Ministry of Road Transport & Highways (MoRT&H, hereafter called
as the Authority) has decided to execute the works of ROBs on EPC mode of
contracting/execution, for which consultancy service for feasibility study and
preparation of Detailed Project Report have been invited hereby.

Therefore, in order to select the suitable consultant to undertake the work of

consultancy service for feasibility study and preparation of Detailed Project Report for
construction of ROB, the Chief Engineer (NH) & Addl. Secy., Roads & Building
Department, Govt. of Gujarat (hereafter called as the employer) has invited proposals
for the same from the empanelled consultants of the MoRT&H. The Consultant shall
prepare the Feasibility Report / Detail Project Report in accordance with the TOR.

2. OBJECTIVE:

The main objective of the proposed consultancy assignment service is to carry out
feasibility study, Survey/Investigation, Alignment Option, Approval of Proposed
Alignment by Employer and GAD from Railway Authorities and preparation of Project
Report, bid document for Construction of Proposed ROB & its approaches in
replacement of Existing Level Crossing at Km 363.625 on NH-8A (New NH-141).

3. SCOPE OF THE CONSULTANCY SERVICES:

The Scope of Services shall thus cover but be not limited to the following major tasks:

I. Collection & review of all available reports and published information about the
project ROB and the project influence area;

II. Detailed reconnaissance;

III. Identification of possible improvements in the existing alignment with evaluation

of different alternatives and proposal of best suited alignment/geometric for the
proposed ROB and its approaches.
IV. Inventory and condition surveys of existing Road within the project influence area;

V. Inventory and detailed condition surveys for cross drainage structures in approaches,
alignment of proposed ROB and drainage provisions;

25
VI. Topographic surveys using Total Stations as per guidelines of latest IRC SP-19. Fixing
of TBM and all reference Point on Ground during survey and should be clearly shown
on detailed survey drawings.

VII. Geotechnical Investigation work for proposed ROB and its approaches as per
guidelines of latest IRC SP-19 and IRC 78.

VIII. Preparation of Alignment Option Study Report & General Arrangement Drawing for
approval of concerned authorities.

IX. Finalisation of GAD of proposed ROB in conformity with the requirements of the
Railways and submission to Employer for obtaining Approval of GAD by concerned
Railway Authorities. The selected Consultant will have to pursue the matter and
interact with Railway Authorities on technical issue during the process of approval of
GAD. The required P&E charges payable to the Railways shall be paid by the
employer. The bidders are advised to get themselves acquainted with the various
requirements of the Railways with regard to construction of ROB for expeditious
preparation and approval of the GAD.

X. Preparation of GAD for Construction of Proposed ROB & its approaches (in
accordance with Approved GAD by Railway Authorities), Plan & profile of approach
Road as per Guide Lines of related IRC, IS and Railway Codes.

XI. As per Ministry’s guidelines, all the works are to be executed on EPC mode, the
consultant is supposed to provide required schedules as per EPC document. For that it
is suggested that consultant should go through the EPC document of Ministry before
bidding the project.

XII. Feasibility Study and preparation of Project Report including Detailed Design and Cost
Estimate as per Ministry’s Data Book. The scope of consultancy assignment shall
include all components of DPR including detailed design of project components to be
carried out to the extent required for estimation of the detailed project cost.

XIII. Ascertaining the financial viability of the project whether to take up the work on PPP
mode.

XIV. Obtaining approval for GAD from Railways.

XV. The consultant shall be required to interact with the officials of the MoRT&H and
furnish clarifications against their observations, if any, and also furnish modified/
additional reports/ design/ drawings as necessary for obtaining approval of the DPR.
XVI. Standards and Codes of Practices

1. Activities related to field studies, design and documentation shall be done as per
the latest guidelines/circulars of MORT&H and relevant publications of the
Indian Roads Congress (IRC), Bureau of Indian Standards (BIS) and Railway
Code.

2. All notations, abbreviations and symbols used in the reports, documents and
drawings shall be as per IRC:71.

26
4. TIME PERIOD FOR THE SERVICE:

The total time period for the assignment is 120 Days from the date of award of the
work, including 15 days for commencement of the assignment. The final reports,
drawings and documentation shall be completed within the respective time schedule
as mentioned in para 7.

5. SEQUENCING OF PROJECT PREPARATION:

Project preparation activities will be split into four stages as brought out below. Each
stage will cover a set of activities to be completed before moving to the next stage
and shall be followed with a detailed report in respect of each stage.

Stage 1 : Alignment Option and Inception Report.

Stage 2 : Survey/ Investigation, Preparation of GAD of proposed ROB including

its approaches for approval by Railway Authorities.

Stage 3: Feasibility Study, Detailed Design of proposed ROB and its

approaches including viaducts/ Reinforced Earth/ Retaining Walls as
necessary, preparation of EPC Schedules and Draft Project Report.

Stage 4 : Preparation of Final Project Report including Financial Feasibility

Report.

6. Time schedule in respect of all such stages has been indicated in the next para.
Consultant shall be required to complete, to the satisfaction of the employer, all the
different stages of study within the time frame indicated in the schedule for
submission of Reports and Documents for becoming eligible for payment for any part
of the next stage.

7. REPORTS AND DOCUMENTS TO BE SUBMITTED BY THE CONSULTANTS

TO EMPLOYER

The Consultants shall submit to the employer the following reports and documents
after completion of each stage of work and in the number of copies indicated against
each. The details are indicated for study period of 180 Days from the date of award of
the work, including 15 days for commencement of the assignment. Consultants shall
submit all other reports mentioned specifically in the preceding paras of the TOR, even
though they are not mentioned below:

27
 Sl. Activity No. of Allotted Period
No. copies from DoA of
work

i) Stage 1: Alignment Option and Inception Report 8 15 Days

ii) Stage 2: 8 45 Days

Survey/ Investigation, Preparation of GAD of
proposed ROB including its approaches for
approval by Railway Authorities.

iii) Stage 3: Feasibility Study, Detailed Design, 8 90 Days

preparation of EPC Schedules and Draft Project
Report.
iv) Stage 4: Preparation of Final Project Report 8 120 Days
including Financial Feasibility Report.

7.1 Report preparation activities will be split into stages as brought out below and shall
be completed within stipulated time.

STAGE 1: Inception Report:

The consultant is required to submit his inception report to the employer within 30 days
of award of the work. The report shall cover the following:
I. Proposed Alignment options.
II. Detailed methodology to meet the requirement of the TOR including number of
teams mobilized for deployment, scheduling of various activities to be carried out
for completion of different stages of work within the stipulated time schedule.
III. Task assignment and work schedule.
IV. Work programme.
V. Proforma for data collection.
VI. Key personal to be employed.
VII. Time frame for submission of various reports.

The consultant shall carry out the modifications, if required in the inception report. The
approval of inception report will generally be given within 30 days of its submission.

STAGE 2: Survey, Investigation & GAD

The consultant is required to submit the ROB proposal including GAD and Geo- Technical
Investigation report to the employer within 75 days of award of the work. The approval of
GAD will generally be given within 30 days of its submission.

STAGE 3: Preparation of Draft Project Report and EPC Schedules

28
 The consultants may take up the work of preparation of feasibility studies for the work
as per their inception report in anticipation of its acceptance but shall modify their
programmes and procedures in the light of comments of employer on the inception
report if any. They shall submit the draft report within 135 days of award of the work.
The draft report shall cover the entire scope of services required from the consultant
which inter-alia includes:

I Need/Justification of providing ROB.

.I Alignment plan showing proposals for alignment.
II Railway GAD (as approved at Stage-2)/Combined GAD.
.II Site location of the proposed project.
IV
Typical cross section of the proposed ROB and Approaches and
..
Longitudinal section.
V Detailed Design.
I
V Engineering Report including soil investigation etc.
I.V Cost estimates.
II Economic analysis.
.X
IX LPS and estimate for LA if necessary.
.IX
. Shifting of utility study report.
.
IX Bid document as per EPC mode of contact etc.
.I
I
STAGE . 3: Final Report

Comments of the Employer on the draft report shall be given within 30 days of its
receipt. Thereafter, the consultant shall carry out modifications required in the draft
report and submit the final report within 15 days for approval. The consultant shall be
required to interact with the officials of the MoRT&H and furnish clarifications against
their observations, if any, and also furnish modified/ additional reports/ design/
drawings as necessary for obtaining approval of the DPR.

The consultant will also provide the financial feasibility of the ROB project to take up
on PPP mode. The report of financial feasibility should be based on the current traffic,
future projection of traffic, cost of the project, financing cost of the project, future
maintenance etc. The consultant will also suggest the requirement of viability gap
funding and also suggest concession period.

8. SCHEDULE OF PAYMENTS

1) On submission of Alignment Option and Inception Report

(in 8 Copies)……………………………………………………………………. 10%

2) On Submission of GAD of proposed ROB including its approaches

(in 8 Copies)…………………………………………………………………… 10%

3) On Submission of Draft Project Report & EPC Schedules

(in 8 Copies)…………………………………………………………………… 30%

29
 4) On submission of Final Project Report including Financial Feasibility

Report (in 8 copies) ………………………………………………………….……..…30 %

5) On Approval of Final Project Report by Authorities/ MORT&H…….……………...20%

9. KEY PERSONNEL & OFFICE STAFFS

It is anticipated that consultants will propose suitable staffing inputs for key personnel.
For this purpose the man month given below may be treated as broad reference and
different man months could be proposed by the consultants with suitable justification
based on their services and equivalent quality inputs.

(A) KEY PERSONNEL Man Months

Team Leader cum Senior Bridge Engineer 4

Material cum Geo-technical/Foundation Engineer 2

Highway Engineer 2

Senior Survey Expert 3

Traffic Engineer cum Road Safety Expert 1

Quantity Surveyor/Documentation 2

OTHER PERSONNEL

(As per requirement assessed by the consultants

Supported with details)

NOTE:- Minimum qualification of key personnel/Specialist should be as per

the Annexure-II. Sd/-

( [Link])
Executive Engineer,
National Highway Division
Gandhidham

30
Enclosure -I

MANNING SCHEDULE

S Key Personnel Total Project Assignment (6 months)

I.

N At site At design Total Time

o
(MM) office(MM) Period (MM)
1 T Team Leader Cum Senior 1.5 2.5 4
Bridge Engineer
3 Highway cum Pavement 1 1 2
4 Engineer
Material-cum-Geo-technical 1.5 0.5 2

5 Senior Survey Engineer 2 1 3

6 Traffic and Safety expert 1 0 1
8 Quantity Surveyor/ 0.5 1.5 2
Documentation
Total 7.50 6.50 17

1. Consultants have to provide a certificate that all the key personnel as envisaged in the
Contract Agreement have been actually deployed in the projects. They have to furnish the
certificate at the time of submission of their bills to Executive Engineer, National Highway
Division, Gandhidham from time to time.

2. In case Tunnels are to be constructed, necessary input of Tunnel Experts shall be

provided in addition to above mentioned Manpower requirement.

31
Enclosure- II
Qualification and Experience Requirement of Key Personnel
Team Leader cum Senior Bridge Engineer
i) Educational Qualification

Essential Graduate in Civil Engineering or equivalent

Desirable Post graduate in Civil Engineering
(highways/structures/traffic and
transportation/soil mechanics and
foundation engineering/ Construction
Management /Transportation)
ii) Essential Experience

a)Total Professional Experience Min. 20 years

b) Experience in Bridge projects Min. 15 years in Planning, project
preparation and design of Bridge projects,
including 2/4/6 laning of NH/SH/
expressways.

c) Experience in similar capacity Bridge Engineer in highway design

(Either as Team Leader or in consultancy projects (2/4/6 lane NH/SH/
Similar capacity ) Expressways)involving design of minimum
two major bridges (length more than 200 m
)

iii) Age Limit 70 years on the date of submission of

proposal

32
 Enclosure-II(contd.)
Highway cum Pavement Engineer

i) Educational Qualification
QUALIFICATION AND EXPERIENCE REQUIREMENT OF KEY PERSONNEL

Essential Degree in Civil Engineering

Desirable Masters in highway engineering/
Transportation Engineering
ii) Experience
a)Total Professional Experience Min. 15 years

b) Experience in Highway Minimum 10 years experience in pavement

projects
design and maintenance of highways
c) Experience in similar capacity Pavement design for major highway projects
(2/4/6 lane NH/SH/ Expressways) of
minimum aggregate length of 80 km.
iii) Age Limit 70 years on the date of submission of
Proposal

33
 Traffic and Road Safety Expert Enclosure-II(contd.)
i) Educational Qualification

QUALIFICATION AND EXPERIENCE REQUIREMENT

Essential OF
Graduate in KEY
Civil PERSONNEL
Engineering

Desirable Masters in Traffic Engineering /

Transportation Engineering / Transport
Planning
ii) Essential Experience
a) Total Professional Experience Min. 10 years
b) Experience in Highway Min. 5 years on similar projects.
projects
c) Experience in similar capacity Traffic Engineer in highway Projects
(NH/SH/Expressways) involving 2/4/6 laning
of minimum aggregate length of 80 km.

iii) Age Limit 70 years on the date of submission of

Proposal

Material Engineer - cum - Geotechnical Engineer cum Geologist

i) Educational Qualification

Essential Graduate in Civil Engineering or [Link].

Geology
Desirable Masters in Foundation Engineering / Soil
Mechanics / Phd in Geology /Geo Tech
Engineering
ii) Essential Experience
a) Total Professional Experience Min. 15 years
b) Experience in Highway Min. 8 years on similar projects in design
Projects
and/or construction
c) Experience in similar capacity Material cum Geo-technical Engineer on
highway projects (2/4/6 lane
NH/SH/Expressways) of minimum
aggregate length of 80 km.
iii) Age Limit 70 years on the date of submission of
Proposal

34
 Enclosure-II(contd.)

Senior Survey Engineer

i) Educational
QUALIFICATION Qualification REQUIREMENT OF KEY PERSONNEL
AND EXPERIENCE

Essential Graduate or equivalent in Civil Engineering

or Diploma in Civil Engg or Diploma in
Surveying
Desirable Masters in Survey Engineering/
Surveying /Remote Sensing
ii) Essential Experience
a) Total Professional Experience Min. 15 years
b) Experience in Highway Min. 5 years on similar projects in project
projects
preparation and construction & thorough
understanding of modern computer based
methods of surveying
c) Experience in similar capacity Survey Engineer for projects preparation of
highway project (NH/SH/Expressways)
involving 2/4/6- laning of minimum
aggregate length of 80 km.
iii) Age Limit 65 years on the date of submission of
Proposal

Quantity Surveyor/Documentation Expert

i) Educational Qualification

Essential Graduate or equivalent in Civil Engineering

/ Certificate course from ‘Institution of
Quantity Surveying’
Desirable
ii) Essential Experience
a) Total Professional Experience Min. 15 years
b) Experience in Highway Min. 5 years in Preparation of Bill of
Projects
Quantities, Contract documents and
documentation for major highway projects
involving two/ four laning
c) Experience in similar capacity Quantity Surveyor / Documentation Expert in
highway projects (NH/SH/Expressways)
involving two/four/six laning of minimum
aggregate length of 80 km.
iii) Age Limit 70 years on the date of submission of
proposal

35
 Enclosure-III
Schedule for submission of Reports and Documents
Stage Activity No. of copies Time Period in days
No. from date of
commencement
1 Inception Report 4 07
(i) Draft Inception
Report including QAP
document 4 15
(ii) Inception Report
including QAP document

2 Survey/Investigation, 4 45
Preparation of GAD of
proposed ROB including
its approaches for
approval by Railway
Authorities
3 F.S. REPORT 4 60
i) Draft Feasibility Study
Report including detailed
design of Proposed ROB 1 75
ii) Comments of client
iii) Final Feasibility Study 4 90
Report incorporating
compliance of comments
of Client.

4 Final Project Report 4 95

i) Draft DPR
ii) Comments of client 1 105

iii) Final DPR 6 120

incorporating compliance
of comments of Client

36
 Proof of Eligibility
Form-E1
Letter of Proposal (On Applicant’s letter head)
(Date and Reference)
To,
…………………………….
………………………………
…………………………………

Sub: Appointment of Consultant for preparation

of Detailed Project Report for ...................

Dear Sir,

With reference to your RFP Document dated ........ …., I/we i.e M/s ----------------------------------
(Name of Bidder) having examined all relevant documents and understood their contents,
hereby submit our Proposal for selection as Consultant. The proposal is unconditional and
unqualified.
2. All information provided in the Proposal and in theAppendices is true and correct and all
Documents accompanying such Proposal are true copies of their respective originals.
3. This statement is made for the express purpose ofappointment as the Consultant for the
aforesaid Project.
4. I/We shall make available to the Authority anyadditional information it may deem
necessary or require for supplementing or authenticating the Proposal.
5. I/We acknowledge the right of the authority to reject our application without assigning any
reason or otherwise and hereby waive our right to challenge the same on any account
whatsoever.
6. I/We certify that in the last three years, we or any of our Associates have neither failed to

37
 perform on any contract, as evidenced by imposition of a penalty by an arbitral or judicial
authority or a judicial pronouncement or arbitration award against the Applicant, nor been
expelled from any project or contract by any public authority nor have had any contract
terminated by any public authority for breach on our part.
7. I/We understand that you may cancel the Selection Process at any time and that you are
neither bound to accept any Proposal that you may receive nor to select the Consultant,
without incurring any liability to the Applicants in accordance with Clause 1.7 of the RFP
document.
8. I/We declare that we/any member of the consortium, are/is not a Member of any other
Consortium applying for Selection as a Consultant.
9. I/We certify that in regard to matters other that security and integrity of the country, we or any
of our Associates have not been convicted by a Court of Law or indicted or adverse orders
passed by a regulatory authority which would cast a doubt on our ability to undertake the
Consultancy for the Project or which relates to a grave offence that outrages the moral
sense of the community.
10. I/We further certify that in regard to matters relating to security and integrity of the country,
we have not been charge-sheeted by any agency of the Government or convicted by a
Court of Law for any offence committed by us or by any of our Associates.
11. I/We further certify that no investigation by a regulatory authority is pending either against us
or against our Associates or against our CEO or any of our Directors/Managers/employees.
12. I/We hereby irrevocably waive any right or remedy which we may have at any stage at law or
howsoever otherwise arising to challenge or question any decision taken by the Authority
[and/ or the Government of India] in connection with the selection of Consultant or in
connection with the Selection Process itself in respect of the above mentioned Project.
13. The Bid Security of Rs. ***** (Rupees *****) in the form of a Bank Guarantee is attached, in
accordance with the RFP document.
14. I/We agree and understand that the proposal is subject to the provisions of the RFP
document. In no case, shall I/we have any claim or right of whatsoever nature if the
Consultancy for the Project is not awarded to me/us or our proposal is not opened or
rejected.
15. I/We agree to keep this valid for 120 (One hundred and twenty) days from the Proposal Due
Date specified in the RFP.

38
16. A Power of Attorney in favour of the authorized signatory to sign and submit this Proposal
and documents is attached herewith.
17. In the event of my/our firm/consortium being selected as the Consultant, I/we agree to enter
into any Agreement in accordance with the form Appendix V of the RFP. We agree not to
seek any changes in the aforesaid form and agree to abide by the same.
18. I/We have studied RFP and all other documents carefully and also surveyed the Project site.
We understand that except to the extent as expressly set forth in the Agreement, we shall
have no claim, right or title arising out of and documents or information provided to us by the
Authority or in respect of any matter arising out of or concerning or relating to the Selection
Process including the award of Consultancy.
19. The Proof of Eligibility and Technical proposal are being submitted in separate covers in hard
copy and they are being submitted online also. Financial Proposal is being submitted online
only. This Proof of Eligibility read with Technical Proposal and Financial Proposal shall
constitute the Application which shall be binding on us.
20. I/We agree and undertake to abide by all the terms and conditions of the RFP Document. In
witness thereof, I/we submit this Proposal under and in accordance with the terms of the
RFP Document.

Yours faithfully,
(Signature, name and designation of the authorized signatory)
(Name and seal of the Applicant/Lead Member)

39
 Appendix -II
Form-E2/T3
FIRM’S REFERENCES
Relevant Services Carried out in the Last Seven Years (2009-10 onwards) Which Best Illustrate
Qualifications

The following information should be provided in the format below for each reference
assignment for which your firm, either individually as a corporate entity or as one of the major
companies within a consortium, was legally contracted by the client:
Assignment Name: Country:
Location within Country : Professional Staff Provided by your firm:

Name of Client : No. of Staff :

Address : No. of Staff Months :
Start Date (Month / Completion Date (Month / Approx. Value of
Year) Year) Services : (in INR/current USD) :

Name of JV/Association Firm(s) if any : No. of Months of Professional Staff provided

by Associated Firm(s)
Status of your Company in the Assignment i.e., Sole/Lead Member/Other Member/Associate
Narrative Description of Project :
Description of Actual Services Provided by your Company:

Signature of Authorised Representative

(Certificate from Employer regarding experience should be furnished)

40
 APPENDIX-II

Form- E3

Financial Capacity of the Applicant

Name of Applicant:
[Link]. Financial Year Annual Revenue (Rs/US $ in
million)
1 2016-17
2 2015-16
3 2014-15
4 2013-14
5 2012-13
Certificate from the Statutory Auditor*

This is to certify that -------- ---- (name of the Applicant) has received the
payments shown above against the respective years on account of Consultancy
Services.

Name of the audit firm Seal of the

audit firm Date

(Signature, name and designation of the authorized signatory)

$In case he Applicant does not have a statutory auditor, it shall provide the certificate from its
chartered accountant that ordinarily audits the annual account of the Applicant.

Note:
Please do not attach any printed Annual Financial Statement.

41
 APPENDIX-II
Form- E4

BANK GUARANTEE FORMAT FOR BID SECURITY

(To be stamped in accordance with Stamp Act if any, of the country of issuing bank)

Ref.: Tender No. ______ , dated ________

Bank Guarantee:
Date:

WHEREAS,___________ (Name of Bidder) ___ (hereinafter called "the bidder”) has submitted
his bid dated __________ (date) for the Tender No.________ , dated ______ (hereinafter
called "the Bid". KNOW ALL MEN by these presents that We, ___________ [Name of Bank]
of ___________ [Name of Country] having our registered office at _____ (hereinafter called
"the Bank") are bound unto_________ [name of employer] (hereinafter called "the Employer")
in the sum of Rs. _____ (Rupees ____ Lakhs only) for which payment will and truly to be made
to the said employer the bank binds himself, his successors and assigns by these presents.
SEALED with the Common Seal of the said Bank this __ day of ____ 201_.

THE CONDITIONS of this obligation are:

1. If the Bidder withdraws his Bid during the period of bid validity specified in the Bid
document; or
2. If the Bidder does not accept the correction of arithmetical errors of his Bid Price in
accordance with the Instructions to Bidder; or
3. If the Bidder having been notified of the acceptance of his Bid by the Employer during
the period ofbid validity,
a. fails or refuses to execute the Form of Agreement in accordance with the
Instructions to Bidders, if required; or
b. fails or refuses to furnish the Performance Security, in accordance with the letter of
invitation, we undertake to pay the Employer up to the above amount upon receipt of his first
written demand, without the Employer having to substantiate his demand, provided that in his
demand the Employer will note that the amount claimed by him is due to him owing to the
occurrence of one or any of the conditions, specifying the occurred condition or conditions.
This Guarantee will remain in force up to and including the date 150 (one hundred and fifty)
days after the deadline for submission of bids as such deadline is stated in the Instructions to
Bidders or as it may be extended by the Employer, notice of which extension(s) to the Bank is
hereby waived. Any demand in respect of this Guarantee should reach the Bank not later than
the above date. Notwithstanding anything contained herein before, our liability under this
guarantee is restricted to
_________ Rs. _____ (Rs._____________ ) and the guarantee shall remain valid till ___ .
Unless a claim or a demand in writing is made upon us on or before ___ all our liability under
this guarantee shall cease
DATE _____________
SIGNATURE OF THE BANK _____________________
SEAL OF THE BANK ___________________________
SIGNATURE OF THE WITNESS __________________
Name and Address of the Witness _______________
The bank guarantee shall be issued by a bank (Nationalized/Scheduled) located in India
42
 Appendix III
(Form-T1)

Appendix -III

TECHNICAL PROPOSAL

FROM: TO:

Sir:

Subject Consultancy Service for……………………………………………………………………

………………………………………………………………………………………………………….

Regarding Technical Proposal

I/We _________________________________________________________ (name of

Bidder) Consultant/ Consultancy firm herewith enclose Technical Proposal for selection of
my/our firm/organization as Consultant for __________________________ .

Yours faithfully,

Signature
Full Name
Designation
Address
(Authorized Representative)

43
 (Form-T-2)

Details of projects for which Technical and Financial Proposals have been submitted

[Link]. Name of Project Consultancy Package No. Names of Proposed

Key Personnel

1
2
3
4

44
 Form-E2/T3
FIRM’S REFERENCES
Relevant Services Carried out in the Last Seven Years

Which Best Illustrate Qualifications

The following information should be provided in the format below for eachreference
assignment for which your firm, either individually as a corporate entity oras one of the major
companies within a consortium, was legally contracted by theclient:
Assignment Name: Country:
Location within Country : Professional Staff Provided by your firm:

Name of Client : No. of Staff :

Address : No. of Staff Months :
Start Date (Month / Completion Date (Month / Approx. Value of
Year) Year) Services : (in INR/current USD) :

Name of JV/Association Firm(s) if any : No. of Months of Professional Staff provided

by Associated Firm(s)
Status of your Company in the Assignment i.e., Sole/Lead Member/Other Member/Associate
Narrative Description of Project :
Description of Actual Services Provided by your Company:

Signature of Authorised Representative

(Certificate from Employer regarding experience should be furnished)

45
 Form –T4
SITE APPRECIATION

Shall give details of site as per actual site visit and data provided in RFP and collected
from site supported by photographs to demonstrate that responsible personnel of the
Consultant have actually visited the site and familiarized with the salient
details/complexities and scope of services.

46
 Form –T5

COMMENTS/ SUGGESTIONS OF CONSULTANT ON THE TERMS OF REFERENCE

1.

2.

3.

4.

5.

……

….

47
 Form-T6

Composition of the Team Personnel and the task

Which would be assigned to each Team Member

I. Technical/Managerial Staff
[Link]. Name Position Task Assignment

1.
2.

3.

4.

II. Support Staff

[Link]. Name Position Task Assignment
1.

2.

3.

4.

48
 Form –T7

APPROACH PAPER ON METHODOLOGY PROPOSED FOR PERFORMING THE

ASSIGNMENT

The approach and methodology will be detailed precisely under the following topics.
1) Composition of the team [not more than 1 page]
2) Methodology for services, surveying, data collection [not more than 2 pages] and analysis
3) Quality Assurance system for consultancy assignment [not more than 1 page]

49
 Form-T8

Details of Material Testing Facility

1. State whether the Applicant has in-house Material Testing Facility Available /
Outsourced / Not Available

2. In case answer to 1 is Available, attach a list of Lab equipment and facility for testing of
materials and location of laboratory

3. In case laboratory is located at a distance of more than 400 km from the project site, state
arrangements made/proposed to be made for testing of materials

4. In case answer to 1 is Outsourced/ Not Available state arrangements made/proposed to be

made for testing of materials

50
 Form –T9

Facility for Field investigation and Testing

1. State whether the Applicant has in-house Facility for

a) Geo-technical investigation Available/ Outsourced/ Not Available

b) Pavement investigation Available/ Outsourced/ Not Available

2. In case answer to 1 is Available a list of field investigation and testing equipments

available in-house

3. In case answer to 1 is Outsourced/ Not Available arrangements made/proposed to be

made for each of above Field investigation and testing

4. For experience in LiDAR or equivalent technology for topographic survey, GPR and
Induction Locator or equivalent technologies for detection of sub-surface utilities
and digitization of cadastral maps for land acquisition, references need to be
provided in following format:

51
 REFERENCES
Relevant Services Carried Which Best Illustrate Qualifications

The following information should be provided in the format below for each reference
assignment for which your firm, either individually as a corporate entity or as one of the major
companies within a consortium, was legally contracted by the client:

Assignment Name: Country:

Location within Country : Professional Staff Provided by your firm:

Name of Client : No. of Staff :

Address : No. of Staff Months :
Technology Used:
Start Date (Month / Completion Date (Month / Approx. Value of
Year) Year) Services : (in INR/current USD) :

Name of JV/Association Firm(s) if any : No. of Months of Professional Staff provided

by Associated Firm(s)
Status of your Company in the Assignment i.e., Sole/Lead Member/Other Member/Associate
Narrative Description of Project :
Description of Actual Services Provided by your Company:

Signature of Authorised Representative

(Certificate from Employer regarding experience should be furnished)

52
 Office Equipment and software

Attach a list of office equipment and software owned by the Applicant

53
 Form-T11

Photo

Format of Curriculum Vitae (CV) For Proposed Key Staff

1. Proposed Position:

2. Name of Staff:

3. Date of Birth (Please furnish proof of age)

4. Nationality:

5. Educational Qualification:

(Summarize college/university and other specialized education of staff member, giving

names of schools, dates attended and degrees obtained). (Please furnish proof of qualification)
Contact Address with Phone and mobile numbers:

6. Membership of Professional Societies: Publication:

7. (List of details of major technical reports/papers published in recognized national and
international journals)
Employment Record:
8.
(Starting with present position, list in reversed order, every employment held. List all positions
held by staff member since graduation, giving dates, names of employing organization, title of
positions held and location of assignments. For experience period of specific assignment must
be clearly mentioned, also give client references, where appropriate).

9. Summary of the CV
(Furnish a summary of the above CV. The information in the summary shall be
precise and accurate. The information in the summary will have bearing on the
evaluation of the CV).
A) Education:
i) Field of graduation and year
ii) Field of post-graduation and year
iii) Any other specific qualification

B) Experience
i) Total experience in highways: __ Yrs.
54
 ii) Responsibilities held: a) _ Yrs.
b ______ ) Yrs.
c _____ ) Yrs.
iii) Relevant experience: __ Yrs.
C) Permanent Employment with the firm: _ Yrs.
If yes, how many years:
If no, what is the employment:
Arrangement with the firm?
Certification:

1 I am willing to work on the project and I will be available for entire duration of the
project assignment and I will not engage myself in any other assignment during
the currency of this assignment on the project
2 I, the undersigned, certify that to the best of my knowledge and belief, this
biodata correctly describes myself my qualification and my experience.

Signature of the Candidate _________________

Place _________________
Date___________________

Signature of the Authorized Representative of the firm _______________

Place __________________
Date ___________________
Note: Each page of the CV shall be signed in ink by both the staff member and the Authorized
representative of the firm. Photocopies will not be considered for evaluation.

55
 UNDERTAKING FROM THE PROFESSIONAL

I, .......................... (Name and Address) have not left any assignment with the
consultants engaged by MORT&H/ contracting firm (firm to be supervised now) for any continuing
works of MORT&H without completing my assignment. I will be available for the
entire duration of the current project (named ............. ). If I leave this assignment in the middle
of the completion of the work, I may be debarred for an appropriate period to be decided by
Ministry / N.H. Division, Gandhidham. I have also no objection, if my services are extended by
Ministry/ N.H. Division, Gandhidham for this work in future.

UNDERTAKING FROM CONSULTING FIRM

The undersigned on behalf of ........................ (name of consulting firm) certify that

Shri ................................. (name of the proposed personnel and address) to the best of our
knowledge has not left his assignment with any other consulting firm engaged by MORT&H /
contracting firm (firm to be supervised now) for the ongoing projects. We understand that if the
information about leaving the past assignment with Ministry/ N.H. Division without completing his
assignment is known to Ex. Eng., N.H. Division, Gandhidham, N.H. Division, Gandhidham would
be at liberty to remove the personnel from the present assignment and debar him for an
appropriate period to be decided by Ex. Eng. N.H. Division, Gandhidham.

56
 (Form-I)

FINANCIAL PROPOSALS

FROM: TO:

…………………………………. ………………………………….

……………………………………. ……………………………………

………………………….. ……………………………………..

Sir,

Subject : Consultant’s service for ………………………………………………………….

Regarding Price Proposal

I/We………………………………………… Consultant/consultancy firm herewith enclose

*Price proposal for selection of my/our firm/ organization as Consultant for

……………………….

Yours faithfully,
Signature____________________

Full Name__________________
Designation____________________

Address________________________
(Authorized Representative)

*The Financial proposal is to be filled strictly as per format given in RFP

57
 Appendix IV
Financial Proposal
For

Consultancy Services for carrying out feasibility study, Detailed Survey/Investigation,

Preparation of General Arrangement Drawing, Detail Project Report for Construction of
proposed ROB (Six-lane configuration) & its approaches in replacement of temporary LC at
Km.363.625 on NH-8A (New NH- 141) in the State of Gujarat

SI. No. Description Amount

(in Rs.)

1 The amount for deployment of office space and

accommodation for the key personnel and support staff
along with the logistics. (This should include profit as
well as taxes except service tax)

2 Remuneration for deployment of key personnel as

per TOR. (this should include profit as well as
taxes except service tax)
3 Remuneration for providing updated cost/drawings
if required by the Employer at later date.

Sub Total
Service Tax
Total Costs ( Including service Tax)

Total (in words) : …………………………………………………………………………………

………………………………………………………………………………………………………
………………………………………………………………………………………………………

Note: No escalation will be payable during the services

Insurances shall not be allowed separately .These will be incidental to main items.

58
 Appendix –V
DETAILED EVALUATION CRITERIA
1. First Stage Evaluation -Proof of Eligibility (Para 12.1 of Data Sheet)

1.1 Eligibility criteria for sole applicant firm.

The sole applicant firm shall satisfy the following 3 (Three) Nos. of criteria.

(a) & (b) Firm should have experience of preparation of DPR/Feasibility of ROB/
Major bridge. The firm should have also prepared DPR/Feasibility of at least two
project of ROB or major bridge in the last 7 years (i.e. from 2010-11 onwards)

(c) Annual Average Turn Over for the last 3 years { last three years shall be counted from 2014-15 to
2016-17} of the firm from Consultancy services should be equal to more than Rs 5 crore.

1.2 Eligibility criteria for Lead Partner/Other Partner in case of JV.

In case of JV, the Lead Partner should fulfill at least 75% of all eligibility requirements and the other
partner shall fulfill at least 50% of all eligibility requirements as given at 1.1 above. ThusaFirm applying
as Lead Partner/Other Partner in case of JV/Associate should satisfy the following
(a) & (b) Firm should have experience of preparation of DPR/Feasibility of ROB/ Major bridge. The
firm should have also prepared DPR/Feasibility of at least two project of ROB or major bridge
in the last 7 years (i.e. from 2010-11 onwards)

(c ) Minimum Annual Average Turn Over for the last 5 years { last five years shall be counted from 2011-
12 to 2015-16}. of a firm applying as Lead Partner/Other Partner in case of JV from Consultancy
services should be as given below:
No. Mode of Submission by a Annual Average Turn Over for the last 5 years
firm
1 Lead Partner in a JV Rs 3.75 crore
2 Other Lead partner in a JV Rs 2.50 crore

Note: (i) Weightage to be given when experience by a Firm as Sole Firm/Lead Partner in a
JV/Other Partner in a JV/As Associate
No. Status of the firm in carrying Weightage for experience
out DPR/ Feasibility Study
1 Sole firm 100%
2 Lead partner in a JV 75%
3 Other partner in a JV 50 %
4 As Associate 25%

(ii) The experience of a firm in preparation of DPR for a private Concessionaire/contractor shall be
considered only if the experience certificate is authenticated by the concerned competent
Government department/ authority.

59
2. Second Stage Evaluation -Technical Evaluation (Para 12.2 of Data Sheet)

2.1. Firm’s Relevant Experience

the following is the break-up:

Sl. No. Description Points

(a) Experience in preparation of DPR/ feasibility study of Road Over 10

Bridge(ROB) or major bridge & its approaches/ Flyover/ Elevated
structure (2 marks per assignment)
(b) Experience in preparation of DPR for rehabilitation of bridges/ 6
ROB/Flyover/ Elevated structure ( 2 marks per assignment)
(c) Experience in proof checking designs of Road Over Bridge (ROB) or 4
major bridge & its approaches/ Flyover/ Elevated structure
Total 20

60
Note: In case feasibility study is a part of DPR services the experience shall be counted in DPR
only. In case bridge is included as part of DPR of highway the experience will be (1) and (2)
Note: (i) Weightage to be given when experience by a Firm as Sole Firm/Lead Partner in a
JV/Other Partner in a JV/As Associate

No. Status of the firm in carrying Weightage for experience

out DPR/ Feasibility Study

1 Sole firm 100 %

2 Lead partner in a JV 75%

3 Other partner in a JV 50 %

4 As Associate 25%

(ii) The experience of a firm in preparation of DPR for a private

Concessionaire/contractor shall not be considered.

2.2. Adequacy of the proposed work plan and methodology in responding to the TOR

S. No. Description Max points

(i) Comments / Suggestions on TOR 1

(ii) Quality of Approach & Methodology 3

(iii) Work Programme and Manning Schedule 1

Total Points 5

Rating given below shall be applicable on all above

Below Average (50 %) Average (75%) Good (90%) Excellent (100%)

61
2.3. Qualification and Competence of the Key Staff for adequacy of the Assignment.
(Para 12.2 of Data Sheet and Enclosure II of TOR)

Sl. No. Key Personnel Points

1 Team Leader-cum- Senior Bridge Engineer 25

2 Highway cum Pavement Engineer 15

3 Material cum Geo-tech/foundation Engineer 10

4 Senior Survey Engineer 10

5 Traffic Engineer cum Safety Expert 10

6 Quantity Surveyor/ Documentation 10

Total 75

62
Assumptions to be made regarding Similar Capacity for various positions

1. Team Leader cum Senior Highway Engineer

i) On behalf of Consultant / Contractor: Team Leader/Senior Highway Engineer.

ii) In Government Organizations: Superintending Engineer (or equivalent) and

above

2. Senior Bridge Engineer

i) On behalf of Consultant: Senior Bridge Engineer/Bridge Engineer/Bridge

Design Engineer

ii) In Government Organizations: Executive Engineer (or equivalent) and above

3. Highway cum Pavement Engineer

i) On behalf of Consultant: Highway Engineer/Highway Design

Engineer/Pavement Engineer.

ii) In Government Organizations: Executive Engineer (or equivalent) and above

4. Material Engineer cum Geo Technical Engineer- Geologist

i) On behalf of Consultant: Material Engineer/Material Expert/Geo

Technical Engineer

ii) In Government Organizations: Executive Engineer (or equivalent) and above

iii) On behalf of Contractor: Material Engineer/Material Expert/Geo

Technical Engineer/Manager (Material)

63
5. Traffic and Safety Expert

i) On behalf of Consultant: Executive Engineer or equivalent & above

Safety

ii) In Government Organizations:

iii) On behalf of Contractor :

Senior Survey Engineer/ Survey Engineer/

Senior Surveyor
6. Senior Survey Engineer
i) On behalf of Consultant:
Surveyor/Engineer (or equivalent)

Senior Survey Engineer/Survey Engineer/

Senior Surveyor
ii) In Government Organizations :

iii) On behalf of Contractor:

6. Quantity Surveyor/Documentation Expert

Quantity Surveyor
i) On behalf of Consultant /Contractor:

(ii) In Government Organizations :

Assistant Engineer (or equivalent)

64
 Appendix-VI
DRAFT CONTRACT AGREEMENT
Between

Executive Engineer, National Highway Division, Gandhidham

And

M/s in JV with
M/s ............................................................ and
in Association with M/s .................

For

Consultancy Services for feasibility study and preparation of Detailed Project

Report for Construction of R.O.B. in lieu of existing Railway crossing at Km.
363.625 on NH-8A (K.F.T.Z. – Kandla road ) in the State of Gujarat

65
 CONTENTS
Sl. No. Description Page No.

I CONTRACT FORCONSULTANT’S SERVICES

II GENERAL CONDITIONS OF CONTRACT

1. General Provisions
1.1 Definitions
1.2 Relation between the
1.3 Parties
Law Governing the Contract
1.4 Language
1.5 Headings
1.6 Notices
1.7 Location
1.8 Authority of Member in
1.9 Charge
Authorized Representatives
1.10 Taxes and Duties

2. Commencement, Completion, Modification and Termination of Contract

2.1 Effectiveness of Contract
2.2 Termination of Contract for Failure to Become Effective
2.3 Commencement of Services
2.4 Expiration of Contract
2.5 Entire Agreement
2.6 Modification
2.7 Force Majeure
2.7.1 Definition
2.7.2 No Breach of Contract
2.7.3 Measures to be Taken
2.7.4 Extension of Time
2.7.5 Payments
2.7.6 Consultation
2.8 Suspension
2.9 Termination
2.9.1 By the Client
2.9.2 By the Consultants
2.9.3 Cessation of Rights and Obligations
2.9.4 Cessation of Services
2.9.5 Payment upon Termination
2.9.6 Disputes about Events of Termination

3. Obligations of the Consultants

3.1 General
3.1.1 Standard of Performance
3.1.2 Law Governing Services3.2 Conflict of Interests
3.2.1 Consultants not to Benefit from Commissions,discounts etc.

66
 3.2.2 Consultants and Affiliates not to be otherwise
interested in Project
3.2.3 Prohibition of Conflicting Activities
3.3 Confidentiality
3.4 Liability of the Consultants
3.5 Insurance to be taken out by the Consultants
3.6 Accounting, Inspection and Auditing
3.7 Consultants’ Actions requiring Client’s prior Approval
3.8 Reporting Obligations
3.9 Documents prepared by the Consultants to be the
Property
of the Client
3.10 Equipment and Materials furnished by the Client

4. Consultants’ Personnel
4.1 General
4.2 Description of Personnel
4.3 Approval of Personnel
4.4 Working Hours, Overtime, Leave etc.
4.5 Removal and/or Replacement of
4.6 PersonnelProject Manager
Resident

5. Obligations of the Client

5.1 Assistance and Exemptions
5.2 Access to Land
5.3 Change in the Applicable Law
5.4 Services, Facilities and Property of the Client
5.5 Payment

6. Payment to the Consultants

6.1 Cost Estimates; Ceiling Amount
6.2 Currency of Payment
6.3 Mode of Billing and Payment

7. Responsibility for accuracy of the project document

7.1 General
7.2 Retention money
7.3 Penalty
7.4 Action for deficiency in services

8. Fairness and Good Faith

8.1 Good Faith
8.2 Operation of the Contract

9. SETTLEMENT OF DISPUTES
9.1 Amicable Settlement
9.2 Dispute Settlement

67
 III. SPECIAL CONDITIONS OF CONTRACT

IV. APPENDICES

Appendix A: Terms ofreferencecontaining,inter-alia,the

Description of the Services and Reporting Requirements

Appendix B: Consultants’ Sub consultants, Key Personnel and Sub Professional

Personnel, Task assignment, work programme, manning schedule,
qualification requirements of key personnel, schedule for submission of
various report.
Appendi x C: Hours of work for Consultants’ Personnel
Appendi x D: Duties of the Client Cost Estimate
Appendi x E: Minutes of Financial/ Contract Negotiations with the
Appendi x F: Consultant Copy of letter of invitation
Appendi x G: Copy of letter of acceptance
Appendi x H: Format for Bank Guarantee for Performance Security for individual work
Appendi x I(1): Format for Bank Guarantee for Performance Security for a number of
Appendi x I(2): works
AppendixJ : Minutes of the Pre-bid meeting

68
DRAFT CONTRACT FOR CONSULTANT’S SERVICES

69
 CONTRACT FOR CONSULTANTS’ SERVICES

Consultancy Services for feasibility study and preparation of Detailed

Project Report for Construction of R.O.B. in lieu of existing Railway
crossing at Km. 363.625 on NH-8A (K.F.T.Z. – Kandla road ) in the State of
Gujarat
(From km _____________to km _____________ Of NH.. in the State of ....)

This CONTRACT (hereinafter called the “Contract”) is made on the ---day of the
month of ---------------- 2017 , between, on the one hand, Ministry (hereinafter called the “Client”)
and,
on the other hand,M/s ---------------------------------------- in JV with -----------------------------------
and in Association with ......................................................... (hereinafter
called the “Consultants”).

WHEREAS
(A) the Client has requested the Consultants to provide certain consulting services as
defined in the General Conditions attached to this Contract (hereinafter called the
“Services”);

(B) the Consultants, having represented to the Client that they have the required
professional skills, personnel and technical resources, have agreed to provide the
Services on the terms and conditions set forth in this Contract;

NOW THEREFORE the parties hereto hereby agree as follows:

1 The following documents attached hereto shall be deemed to form an integral part of
this Contract:

(a) The General Conditions of Contract (hereinafter called “GC”);

(b) The Special Conditions of contract (hereinafter called “SC”);

(c) The following Appendices:

Appendix A: Terms of referencecontaining,inter-alia,the Description of theServicesand

Reporting Requirements

Appendix B: Consultants’ Sub consultants, Key Personnel and Sub Professional

Personnel, Task assignment, work programme, manning schedule,
qualification requirements of key personnel, and schedule for submission
of various report.

Appendix C:Hours of work for Consultants’ Personnel

Appendix D: Duties of the Client

Appendix E: Cost Estimate

Appendix F: Minutes of Financial/ Contract Negotiations with the Consultant

70
 Appendix G: Copy of letter of invitation

Appendix H: Copy of letter of acceptance

Appendix I: Copy of Bank Guarantee for Performance Security

Appendix-J: Minutes of the pre-bid meeting

2. The mutual rights and obligations of the Client and the Consultants shall be as set
forth in the Contract; in particular:

(a) The Consultants shall carry out the Services in accordance with the provisions of
the Contract; and

(b) Client shall make payments to the Consultants in accordance with

the provisions of the Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written.

FOR AND ON BEHALF OF Witness

Ministry 1
Signature
Name Address
By
Authorized Representative 2. Signature
Name
Address

FOR AND ON BEHALF OF Witness

(Consultant)

1. Signature
Name
Address
By
Authorised Representative 2. Signature
Name
Address

71
GENERAL CONDITIONS OF CONTRACT

72
 GENERAL CONDITIONS OF CONTRACT
1. GENERAL PROVISIONS

1.1 Definitions
Unless the context otherwise requires, the following terms whenever used in this
Contract has the following meanings:

(a) “Applicable Law means the laws and any other instruments having the force of law
in the Government’s country as they may be issued and in force from time to time;

(b) “Contract” means the Contract signed by the Parties, to which these General
Conditions of Contract are attached, together with all the documents listed in
Clause 1 of such signed Contract;

(c) “Effective Date” means the date on which this Contract comes into force and effect
pursuant to Clause GC 2.1;

(d) “foreign currency” means any currency other than the currency of the Government;

(d) “GC” means these General Conditions of Contract;

(f) “Government” means the Government of India;

(g) “local currency” means the currency of the Government;

(h) “Member”, in case the Consultants consist of a jointventure or consortium of more
than one entity, means any of these entities, and “Members” means all of these
entities;

(i) “Personnel” means persons hired by the Consultants or by any Sub consultant
as employees and assigned to the performance of the Services or any part
thereof; “foreign Personnel” means such persons who at the time of being so hired
had their domicile outside India; and “local Personnel” means such persons who
at the time of being so hired had their domicile inside India;

(j) “Party” means the Client or the Consultants, as the case may be, and Parties
means
both of them;

(k) “Services” means the work to be performed by the Consultants pursuant to this
Contract for the purposes of the Project, as described in Appendix A hereto;

(l) “SC” means the Special Conditions of Contract by which these General
Conditions of Contract may be amended or supplemented;

(m) “Sub consultant” means any entity to which the Consultants subcontract any part of
the Services in accordance with the provisions of Clause GC 3.7; and

(n) “Third Party” means any person or entity other than the Government, the Client, the
Consultants or a Sub consultant.

73
1.2 Relation between the Parties
Nothing contained herein shall be construed as establishing a relation of master and
servant or of agent and principal as between the Client and the Consultants. The
Consultants, subject to this Contract, have complete charge of Personnel performing the
Services and shall be fully responsible for the Services performed by them or on their
behalf hereunder.
1.3 Governing Law and Jurisdiction
This Contract, its meaning and interpretation, and the relation between the Parties shall be
governed by the Applicable Laws of India and the Courts at Bhuj / Ahmedabad hall have
exclusive jurisdiction over matters arising out of or relating to this Agreement.
1.4 Language
This Contract has been executed in the language specified in the SC, which shall be the
binding and controlling language for all matters relating to the meaning or interpretation of
this Contract.
1.5 Table of Contents and Headings
The table of contents, headings or sub-headings in this agreement is for convenience for
reference only and shall not be used in, and shall not limit, alter or affect the construction
and interpretation of this Contract.
1.6 Notices
1.6.1 Any notice,requestor consent required or permitted to be given or made pursuant to
This Contract shall be in writing. Any such notice, request or consent shall be
deemed to have been given or made when delivered in person to an authorized
representative of the Party to whom the communication is addressed, or when sent
by registered mail, facsimile or e-mail to such Party at the address specified in the
SC.
1.6.2 Notice will be deemed to be effective as specified in the SC.
1.6.3 A party may change its address for notice hereunder by giving the other
Party notice of such change pursuant to the provisions listed in the SC with
respect to Clause GC 1.6.2.
1.7 Location

The Services shall be performed at such locations as are specified in Letter of

Acceptance(Appendix-I) hereto and, where the location of a particular task is not so
specified, at such locations, whether in India or elsewhere, as the Client may approve.
1.8 Authority of Member in Charge
In case the Consultants consist of a joint venture of more than one entity, with or without
an Associate the Members hereby authorize the entity specified in the SC to act on their
behalf in exercising all the Consultants’ rights and obligations towards the Client under this
Contract, including without limitation the receiving of instructions and payments from the
Client.
1.9 Authorized Representatives
Any action required or permitted to be taken, and any document required or permitted to
be executed, under this Contract by the Client or the Consultants may be taken or
executed by the officials specified in the SC.
1.10 Taxes and Duties
Unless otherwise specified in the SC, the Consultants shall pay all such taxes, duties,

74
 fees and other impositions as may be levied under the Applicable Law.
2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION
OF CONTRACT
2.1 Effectiveness of Contract
This Contract shall come into force and effect on the date of the Client’s notice to the
Consultants instructing the Consultants to begin carrying out the Services. This notice
shall confirm that the effectiveness conditions, if any, listedin the SC have been met.
2.2 Termination of Contract for Failureto Become Effective
If this Contract has not become effective within such time period after the date of the
Contract signed by the Parties as shall be specified in the SC, either Party may, by not
less than four (4) weeks’ written notice to the other Party, declare this Contract to be null
and void, and in the event of such a declaration by either Party, neither Party shall have
any claim against the other Party with respect hereto.
2.3 Commencement of Services
The Consultants shall begin carrying out the Services at the end of such time period after
the Effective Date as shall be specified in the SC.
2.4 Expiration of Contract
Unless terminated earlier pursuant to Clause GC 2.9 hereof, this Contract shall expire
when services have been completed and all payments have been made at the end of
such time period after the Effective Date as shall be specified in the SC.
2.5 Entire Agreement
This Contract contains all covenants, stipulations and provisions agreed by the Parties.
No agent or representative of either Party has authority to make, and the Parties shall not
be bound by or be liable for, any statement, representation, promise or agreement not set
forth herein.
2.6 Modification
Modification of the terms and conditions of this Contract, including any modification of the
scope of the Services, may only be made by written agreement between the Parties.
Pursuant to Clause GC 7.2 hereof, however, each party shall give due consideration to
any proposals for modification made by the other Party.

2.7 Force Majeure

2.7.1 Definition
(a) For the purposes of this Contract, “Force Majeure” means an event which is
beyond the reasonable control of a Party, and which makes a Party’s
performance of its obligations hereunder impossible or so impractical as
reasonably to be considered impossible in the circumstances, and includes, but
is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood
or other adverse weather conditions, strikes, lockouts or other industrial action
(except where such strikes, lockouts or other industrial action are within the
power of the Party invoking Force Majeure to prevent), confiscation or any other
action by government agencies.

(b) Force Majeure shall not include (i) any event which is caused by the negligence
or intentional action of a Party or such Party’s Sub consultants or agents or

75
 employees, nor

(ii) any event which a diligent Party could reasonably have been expected to
both (A) take into account at the time of the conclusion of this Contract and (B)
avoid or overcome in the carrying out of its obligations hereunder.
(c) Force Majeure shall not include insufficiency of funds or failure to make any
payment required hereunder.

2.7.2 No Breach of Contract

The failure of a Party to fulfill any of its obligations hereunder shall not be considered to
be a breach of, or default under, this Contract insofar as such inability arises from an
event of Force Majeure, provided that the Party affected by such an event has taken all
reasonable precautions, due care and reasonable alternative measures, all with the
objective of carrying out the terms and conditions of this Contract.

2.7.3 Measures to be Taken

(a) A party affected by an event of Force Majeure shall take all reasonable measures to
remove
such Party’s inability to fulfill its obligations hereunder with a minimum of delay.

(b) A party affected by an event of Force Majeure shall notify the other Party of such event
as soon as possible, and in any event not later than fourteen (14) days following the
occurrence of such
event, providing evidence of the nature and cause of such event, and shall similarly
give notice of the restoration of normal conditions as soon as possible.

(c) The Parties shall take all reasonable measures to minimize the consequences of any
event of Force Majeure.

2.7.4 Extension of Time

Any period within which a Party shall, pursuant to this Contract, complete any action or
task, shall be extended for a period equal to the time during which such Party was
unable to perform such action as a result of Force Majeure.

2.7.5 Payments
During the period of their inability to perform the Services as a result of an event of
Force Majeure, the Consultants shall be entitled to be reimbursed for additional costs
reasonably and necessarily incurred by them during such period for the purposes of the
Services and in reactivating the Services after the end of such period.

2.7.6 Consultation
Not later than thirty (30) days after the Consultants, as the result of an event of Force
Majeure, have become unable to perform a material portion of the Services, the Parties
shall consult with each other with a view to agreeing on appropriate measures to be
taken in the circumstances.

2.8 Suspension
The Client may, by written notice of suspension to the Consultants, suspend all
payments to the Consultants hereunder if the Consultants fail to perform any of their
obligations under this Contract, including the carrying out of the Services, provided that

76
 such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request
the Consultants to remedy such failure within a period not exceeding thirty (30) days
after receipt by the Consultants of such notice of suspension.

2.9 Termination
2.9.1 By the Client
The Client may, by not less than thirty (30) days’ written notice of termination to the
Consultants (except in the event listed in paragraph (f) below, for which there shall be a
written notice of not less than sixty (60) days), such notice to be given after the
occurrence of any of the events specified in paragraphs (a) through (f) of this
Clause2.9.1, terminate this Contract:

(a) if the Consultants fail to remedy a failure in the performance of their obligations
are under, as specified in a notice of suspension pursuant to Clause 2.8
hereinabove, within thirty (30) days of receipt of such notice of suspension or
within such further period as the Client may have subsequently approved in
writing;

(b) if the Consultants become (or, if the Consultants consist of more than one entity,
if any of their Members becomes) insolvent or bankrupt or enter into any
agreements with their creditors for relief of debt or take advantage of any law for
the benefit of debtors or go into liquidation or receivership whether compulsory or
voluntary;

(c) if the Consultants fail to comply with any final decision reached as a result of
arbitration
proceedings pursuant to Clause 8 hereof;

(d) if the Consultants submit to the Client a statement which has a material effect on
the rights,
obligations or interests of the Client and which the Consultants know to be false;

(e) if, as the resultof Force Majeure, the Consultants are unable to perform a
material portion of the Services for a period of not less than sixty (60) days; or

(f) if the Client, in its sole discretion and for any reason whatsoever, decides to
terminate this Contract at any stage.

2.9.2 By the Consultants

The Consultants may, by not less than thirty (30) day’s written notice to the Client, such
notice to be given after the occurrence of any of the events specified in paragraphs (a)
through (d) of this Clause 2.9.2, terminate this Contract:

(a) if the Client fails to pay any money due to the Consultants pursuant to this contract
and not subject to dispute pursuant to Clause 8 hereof within forty-five(45) days
after receiving written notice from the Consultants that such payment is overdue;

(b) if the Client is in material breach of its obligations pursuant to this Contract and

77
 has not remedied the same within forty-five (45) days (or such longer period as the
Consultants may have subsequently approved in writing) following the receipt by
the Client of the Consultants’ notice specifying such breach;

(c) if, as the result of Force Majeure, the Consultant are unable to perform a material
portion of the Services for a period of not less than sixty (60) days; or
(d) if the Client fails to comply with any final decision reached as a result of arbitration
pursuant to Clause 8 hereof.

2.9.3 Cessation of Rights and Obligations

Upon termination of this Contract pursuant to Clauses 2.2 or 2.9 hereof, or upon expiration
of this Contract pursuant to Clause 2.4 hereof, all rights and obligations of the Parties
hereunder shall cease, except (i) such rights and obligations as may have accrued on the
date of termination or expiration, (ii) the obligation of confidentiality set forth in Clause 3.3
hereof,
(iii) the Consultant’s obligation to permit inspection, copying and auditing of their accounts
and records set forth in Clause 3.6 (ii) hereof, and (iv) any right which a Party may have
under the Applicable Law.

2.9.4 Cessation of Services

Upon termination of this Contract by notice of either Party to the other pursuant to Clauses
2.9.1 or 2.9.2 hereof, the Consultants shall, immediately upon dispatch or receipt of such
notice, take all necessary steps to bring the Services to a close in a prompt and orderly
manner and shall make every reasonable effort to keep expenditures for this purpose to a
minimum. With respect to documents prepared by the Consultants and equipment and
materials furnished by the Client, the Consultants shall proceed as provided, respectively,
by Clauses 3.9 or 3.10 hereof.

2.9.5 Payment upon Termination

Upon termination of this Contract pursuant to Clauses 2.9.1 or 2.9.2 hereof, the Client
shall make the following payments to the Consultants (after offsetting against these
payments any amount that may be due from the Consultant to the Client):

(i) remuneration pursuant to Clause 6 hereof for Services satisfactorily performed prior
to the effective date of termination.
(ii) reimbursable expenditures pursuant to Clause 6 hereof for expenditures actually
incurred prior to the effective date of termination; and
(iii) except in the case of termination pursuant to paragraphs (a) through (d) of Clause
2.9.1 hereof, reimbursement of any reasonable cost incident to the prompt and
orderly termination of the Contract including the cost of the return travel of the
Consultants’ personnel and their eligible dependents.
2.9.6 Disputes about Events of Termination

If either Party disputes whether an event specified in paragraphs (a) through (e) of Clause
2.9.1 or in Clause 2.9.2 hereof has occurred, such Party may, within forty-five(45) days
after receipt of notice of termination from the other Party, refer the matter to arbitration
pursuant to Clause 8 hereof, and this Contract shall not be terminated on account of such
event except in accordance with the terms of any resulting arbitral award.

78
3. OBLIGATIONS OF THE CONSULTANTS

3.1 General

3.1.1 Standard of Performance

The Consultants shall perform the Services and carry out their obligations here under with
all due diligence, efficiency and economy, in accordance with generally accepted
professional techniques and practices, and shall observe sound management practices,
and employ appropriate advanced technology and safe and effective equipment,
machinery, materials and methods. The Consultants shall always act, in respect of any
matter relating to this Contract or to the Services, as faithful advisers to the Client, and
shall at all times support and safeguard the Client's legitimate interests in any dealings
with Sub consultants or Third Parties.

3.1.2 Law Governing Services

The Consultants shall perform the Services in accordance with the Applicable Law and
shall take all practicable steps to ensure that any Sub consultants, as well as the
Personnel and agents of the Consultants and any Sub consultants, comply with the
Applicable Law. The Client shall advise the Consultants in writing of relevant local customs
and the Consultants shall, after such notifications, respect such customs.

3.2 Conflict of Interests

3.2.1 Consultants not to Benefit from Commissions, Discounts, etc.

The remuneration of the Consultants pursuant to Clause 6 hereof shall constitute the Consultants'
sole remuneration in connection with this Contract or the Services and the Consultants shall not
accept for their own benefit any trade commission, discount or similar payment in connection with
activities pursuant to this Contract or to the Services or in the Discharge of their obligations
hereunder, and the Consultants shall use their best efforts to ensure that any Sub consultants, as
well as the Personnel and agents of either of them, similarly shall not receive any such additional
remuneration.

3.2.2 Consultants and Affiliates not to be otherwise interested in Project

The Consultants agree that, during the term of this Contract and after its termination, the
Consultants and any entity affiliated with the Consultants, as well as any Sub consultant and any
entity affiliated with such Sub consultant, shall be disqualified from providing goods, works or
services (other than the Services and any continuation thereof) for any project resulting from or
closely related to the Services.

3.2.3 Prohibition of Conflicting Activities

Neither the Consultants nor their Sub consultants nor the Personnel of either of them
shall engage, either directly or indirectly, in any of the following activities:

(a) during the term of this Contract, any business or professional activities in the
Government's country which would conflict with the activities assigned to them under this
Contract; or

79
 (b) after the termination of this Contract, such other activities as may be specified in the SC.

3.3 Confidentiality

The Consultants, their Sub consultants and the Personnel of either of them shall not,
either during the term or within two (2) years after the expiration of this Contract, disclose
any proprietary or confidential information relation to the Project, the Services, this
Contract or the Client's business or operations without the prior written consent of the
Client.

3.4 Liability of the Consultants

Subject to additional provisions, if any, set forth in the SC, the Consultants'
liability under this Contract shall be as provided by the Applicable Law.

3.5 Insurance to be taken out by the Consultants

The Consultants (i) shall takeout and maintain, and shall cause any Sub consultants to
take out and maintain, at their (or the Sub consultants', as the case may be) own cost but
on terms and conditions approved by the Client, insurance against the risks, and for the
coverage, as shall be specified in the Special Conditions (SC), and (ii) at the Client's
request, shall provide evidence to the Client showing that such insurance has been taken
out and maintained and that the current premiums therefore have been paid.

3.6 Accounting, Inspection and Auditing

The Consultants (i) shall keep accurate and systematic accounts and records in respect of
the Services hereunder, in accordance with internationally accepted accounting principles
and in such form and detail as will clearly identify all relevant time charges and cost, and
the bases thereof (including the bases of the Consultants' costs and charges), and (ii)
shall permit the Client or its designated representative periodically, and up to one year
from the expiration or termination of this Contact, to inspect the same and make copies
thereof as well as to have them audited by auditors appointed by the Client.

3.7 Consultants' Actions requiring Client's prior Approval

The Consultants shall obtain the Client's prior approval in writing before taking any of the
following actions:

(a) appointing such members of the Personnel as are listed in Appendix B;

(b) entering into a subcontract for the performance of any part of the Services, it being
understood (i)that the selection of the Sub-consultant and the terms and conditions of
the subcontract shall have been approved in writing by the Client prior to the
execution of the subcontract, and (ii) that the Consultants shall remain fully liable for
the performance of the Services by the Sub-consultant and its Personnel pursuant to
this Contract;
(c) any other action that may be specified in the SC.
3.8 Reporting Obligations

The Consultants shall submit to the Client the reports and documents specified in Appendix A/E
here to, in the form, in the numbers and within the time periods set forth in the said Appendix.

80
3.9 Documents prepared by the Consultants to be the Property of the Client

All plans, drawings, specifications, designs, reports and other documents prepared by the
Consultants in performing the Services shall become and remain the property of the Client, and
the Consultants shall, not later than upon termination or expiration of this Contract, deliver all
such documents to the Client, together with a detailed inventory thereof. The Consultants may
retain a copy of such documents. Restrictions about the future use of these documents, shall be
as specified in the SC.
3.10 Equipment and Materials furnished by the Client

Equipment and materials made available to the Consultants by the Client, or purchased by the
Consultants with funds provided by the Client, shall be the property of the Client and shall be
marked accordingly. Upon termination or expiration of this Contract, the Consultants shall make
available to the Client an inventory of such equipment and materials and shall dispose of such
equipment and materials in accordance with the Client's I instructions. While in possession of
such equipment and materials, the Consultants, unless otherwise instructed by the Client in
writing, shall insure them in an amount equal to their full replacement value.
4. CONSULTANTS' PERSONNEL

4.1 General

The Consultants shall employ and provide such qualified and experienced Personnel as are
required to carry out the Services.

4.2 Description of Personnel

(a) The titles, agreed job descriptions, minimum qualification and estimated periods of
Engagement in the carrying out of the Services of each of theConsultants' Key
Professional /
Sub Professional Personnel are described in Appendix B.
(b) If required to comply with the provisions of Clause 3.1.1 of this Contract, adjustments with
respect to the estimated periods of engagement of Key Professional / Sub Professional
Personnel set forth in Appendix B may be made by the Consultants by written notice to the
Client, provided
(i) that such adjustments shall not alter the originally estimated period of engagement of
any individual by more than 10% or one week, whichever is larger, and
(ii) that the aggregate of such adjustments shall not cause payments under this Contract
to exceed the ceilings set forth in Clause 6.1 (b) of this Contract. Any other such
adjustments shall only be made with the Client's written approval.

(c) If additional work is required beyond the scope of the Services specified in Appendix A, the
estimated periods of engagement of Key Personnel set forth in Appendix B may be
increased by agreement in writing between the Client and the Consultants.

4.3 Approval of Personnel

The Key Personnel and Sub consultants listed by title as well as by name in Appendix B
are hereby approved by the Client. In respect of other Key Personnel which the
Consultants propose to use in the carrying out of the Services, the Consultants shall

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 submit to the Client for review and approval a copy of their biographical data. If the Client
does not object in writing (stating the reasons for the objection) within twenty-one (21)
calendar days from the date of receipt of such biographical data, such Key Personnel shall
be deemed to have been approved by the Client.

4.4 Working Hours, Overtime, Leave, etc.

(a) Working hours and holidays for Key Professional / Sub Professional Personnel are set
forth in Appendix C hereto. To account for travel time, foreign Personnel carrying out
Services inside the Government's country shall be deemed to have commenced (or
finished) work in respect of the Services such number of days before their arrival in (or
after their departure from) the Government's country as is specified in Appendix C hereto.

(b) The Key Professional / Sub Professional Personnel shall not be entitled to be paid for
overtime nor to take paid sick leave or vacation leave except as specified in Appendix C
hereto, and except as specified in such Appendix, the Consultants' remuneration shall be
deemed to cover these items. All leave to be allowed to the Personnel is included in the
staff- months of service set for in Appendix B. Any taking of leave by Personnel shall be
subject to the prior approval of the Client by the Consultants, who shall ensure that
absence for leave purposes will not delay the progress and adequate supervision of the
Services.

4.5 Removal and/or Replacement of Personnel

Removal and/or replacement of Personnel shall be regulated as under:
4.5.1 In case notice to commence services pursuant to Clause 2.1 of this Contract is not
ordered by Client within 120 days of negotiations the key personnel can excuse
themselves on valid grounds, e.g., selection on some other assignment, health problem
developed after contract negotiation, etc. In such a case no penalty shall be levied on the
Firm or on the person concerned. The firm shall however be asked to give a replacement
by an equal or better scoring person, whenever mobilization is ordered.
4.5.2 In case notice to commence services is given within 120 days of negotiations the
replacement shall be as below:
a. Replacement up to 33%: Replacement shall be by an equal or better scoring person.
Reduction in remunerations for the balance period shall be @ 5% of the monthly rate.
b. Replacement of more than 33% and up to 50%: Replacement shall be by an equal or
better scoring person. Reduction in remunerations for the balance period shall be @
10% of the monthly rate.
c. Replacement beyond 50% and upto 66% . Replacement shall be by an equal or better
scoring person. Reduction in remunerations for the balance period shall be @ 15% of
the monthly rate.
d. Replacement beyond 66 %shall normally not be considered. However in exceptional
circumstances, where it becomes absolutely essential the remunerations of the
substitute shall be reduced by 50 % of the original person replaced. Replacement shall
be by an equal or better scoring person, The Department may initiate action for
termination/debarment of such consultant for future projects of Ministry for a period of 6
months to 24 months depending upon the severity of case.
4.5.3 Replacement after original contract period is over:

There shall be no limit on the replacements and no reduction in remunerations shall be

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 made. The replacement shall however be of equal or better score.

4.5.4 If the Employer (i) finds that any of the Personnel has committed serious misconduct or
has been charged with having committed a criminal action or (ii) has reasonable ground to
be dissatisfied with the performance of any of the Personnel, then the consultant shall, at
the
Employer’s written request specifying the grounds therefore, forthwith provide a
replacement with qualifications and experience acceptable to him.
4.5.5 If the team leader or any other key personnel/ specialist considered pivotal to the project is
replaced, the substitute may be interviewed by Ministry to assess their merit and suitability.
4.5.6 If any member of the approved team of a consultant engaged by Ministry leaves that
consultant before completion of the job, he shall be barred for a period of 6 months to 24
months from being engaged as a team member of any other consultant working (or to be
appointed) for any other Ministry projects.
4.5.7 In exceptional situations where the replacement with equivalent or better qualification is not
available, replacement with lower qualifications than the originally approved may be
Accepted with reduction in remuneration as per the procedure prescribed below. This
kind of relaxation shall however, be limited to replacement of 2 key personnel only in one
consultancy contract package.
i) The new proposed personnel as a replacement has to be evaluated as per the criteria
fixed at the time of evaluation of original proposal and marks/rating and then:
-If the original personnel (included in the original proposal based on which the contract
was awarded) is to be replaced at the instruction of Ministry and the new proposed
personnel is having less qualification/ experience i.e marks/rating (but fulfilling the
minimum requirement as per TOR), his remuneration would be reduced by 15% over and
above the stipulated conditions in the contract because of less qualified personnel

-If the original personnel (included in Contract Agreement) is to be replaced by the

Consulting firm and the new proposed personnel is having less qualification/ experience
(marks/rating), then his remuneration would be decreased proportionally in comparison to
the marks of the original personnel. This will also take into account the contract condition
and if the proposed reduction is less than that stipulated in contract condition, it would be
as per the contract provision.

It will be ensured that the new proposed personnel should score at least 75% of the
marks of the originally approved key personnel. Both the Consulting firm and the
proposed personnel should give the undertaking in the format available in Form VII of
Appendix II along with the replacement CV.

ii) The CV should be signed by personnel and the consulting firm in every page. If the CV
is found incorrect at later date, the personnel accepted would be removed from the
assignment and debarred from further Ministry works for an appropriate period to be
decided by Ministry and the new proposed personnel in place of removed personnel
would be paid 15% less salary than the original personnel. 15% reduction in the salary
will be imposed as penalty for submitting the incorrect information. This penalty will be
imposed only once. If the same consulting firm submits incorrect information again
second time, necessary action will be taken by Ministry to blacklist the firm.

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4.6 Resident Project Manager

If required by the SC, the Consultants shall ensure that at all times during the
Consultants' performance of the Services in the Government's country a resident project
manager, acceptable to the Client, shall take charge of the performance of such
Services.

5. OBLIGATION OF THE CLIENT

5.1 Assistance and Exemptions

Unless otherwise specified in the SC, the Client shall use its best efforts to ensure that the
Government shall:
(a) provide the Consultants, Sub consultants and Personnel with work permits and such other
documents as shall be necessary to enable the Consultants, Sub consultants or Personnel
to perform the Services;

(b) assist for the Personnel and, if appropriate, their eligible dependents to be provided
promptly with all supporting papers for necessary entry and exit visas, residence permits,
exchange permits and any other documents required for their stay in India;

(c) facilitate prompt clearance through customs of any property required for the Services;

(d) issue to officials, agents and representatives of the Government all such instructions as
may be necessary or appropriate for the prompt and effective implementation of the
Services;

5.2 Access to Land

The Client warrants that the Consultants shall have, free of charge, unimpeded access to
all land in the Government’s country in respect of which access is required for the
performance of the Services. The Client will be responsible for any damage to such land or
any property thereon resulting from such access and will indemnify the Consultants and
each of the Personnel in respect of liability for any such damage, unless such damage is
caused by the default or negligence of the Consultants or any Sub consultants or the
Personnel of either of them.

5.3 Change in the Applicable Law

If, after the date of this Contract, there is any change in the Applicable Law with respect to
taxes and duties which increases or decreases the cost or reimbursable expenses
incurred by the Consultants in performing the Services, then the remuneration and
reimbursable expenses otherwise payable to the Consultants under this Contract shall be
increased or decreased accordingly by agreement between the Parties hereto, and
corresponding adjustments shall be made to the ceiling amounts specified in Clause
6.1(b),

5.4 Services, Facilities and Property of the Client

The client shall make available to the Consultants and the Personnel, for the purposes of
the Services and free of any charge, the services, facilities and property described in
Appendix D at the times and in the manner specified in said Appendix D, provided that if
such services, facilities and property shall not be made available to the Consultants as and

84
 when so specified, the Parties shall agree on (i) any time extension that may be
appropriate to grant to the Consultants for the performance of the Services, (ii) the manner
in which the Consultants shall procure any such services, facilities and property from other
sources, and (iii) the additional payments, if any, to be made to the Consultants as a result
thereof pursuant to Clause 6.1(c) hereinafter.

5.5 Payment

In consideration of the Services performed by the Consultants under this Contract, the
Client shall make to the Consultants such payments and in such manner as is provided by
Clause 6 of this Contract.

6. PAYMENT TO THE CONSULTANTS

6.1 Cost Estimates ; Ceiling Amount

(a) An abstract of the cost of the Services payable in local currency (Indian Rupees) is set forth
in Appendix E.

(b) Except as may be otherwise agreed under Clause 2.6 and subject to Clause 6.1(c), the
payments under this Contract shall not exceed the ceiling specified in the SC. The
Consultants shall notify the Client as soon as cumulative charges incurred for the Services
have reached 80% of the ceiling.

(c) Notwithstanding Clause 6.1(b) hereof, if pursuant to Clauses 5.4 hereof, the Parties shall
agree that additional payments shall be made to the Consultants in order to cover any
necessary additional expenditures not envisaged in the cost estimates referred to in
Clause 6.1(a) above, the ceiling set forth in Clause 6.1(b) above shall be increased by the
amount or amounts, as the case may be, of any such additional payments.

6.2 Currency of Payment

(a) The payment shall be made in Indian Rupees.

6.3 Mode of Billing and Payment

Billing and payments in respect of the Services shall be made as follows:-

(a) The Client shall cause to be paid to the Consultants an advance payment as specified in
the SC, and as otherwise set forth below. The advance payment will be due after provision
by the Consultants to the Client of a bank guarantee by a bank acceptable to the Client in
an amount (or amounts) and in a currency (or currencies) specified in the SC, such bank
guarantee (i) to remain effective until the advance payment has been fully set off as
provided in the SC, and ii) in such form as the Client shall have approved in writing.

(b) Payment Schedule

The Consultant will be paid stage-wise as a percentage of the contract value as per the
schedule given below:

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 Sr. Item Payment as % of
No. Contract Value

1) On submission of Alignment option and inception report 10%

(in 8 copies)……………………..
2) On submission of GAD of proposed ROB including its 10%
approaches (in 8 Copies)……………………
3) On submission of Draft Project Report & EPC Schedules 30%
(in 8 copies)…………………….....
4) On submission of Draft Project Report & EPC Schedules 30 %
(in 8 copies).........................................
5) On Approval of Final Project Report by Authority/ 30 %
MORTH….
100 %

Note: Consultants have to provide a certificate that all key personnel as envisaged in the Contract
Agreement has been actually deployed in the project. They have to submit this certificate at the
time of submission of bills to Ministry from time to time.
(c) No payment shall become eligible for the next stage till the consultant completes to the
satisfaction of the client the work pertaining to the preceding stage. The payment for the
work of sub-soil investigation (Boring)will be as per plan approved by the client and will be
paid as per actual at the rates quoted by the consultants .The payment for the quantity
given by the client for boring will be deemed to be included in the above mentioned
payment schedule. Any adjustment in the payment to the consultants will be made in the
final payment only.

(d) TheClient shall cause the payment of the Consultants in Para 6.4 (b) above as given in
schedule of payment within thirty (30) days after the receipt by the Client of bills. Interests
at the rate specified in the SC shall become payable as from the above due date on any
amount due by, but not paid on, such due date.

(e) The final payment under this Clause shall be made only after the final report and a final
statement, identified as such, shall have been submitted by the Consultants and approved
as satisfactory by the Client. The Services shall be deemed completed and finally
accepted by the Client and the final report and final statement shall be deemed approved
by the Client as satisfactory one hundred and eighty (180) calendar days after receipt of
the final report and final statement by the Client unless the Client, within ninety(90)
day period, gives written notice to the Consultants specifying in detailed
deficiencies in the Services, the final report or final statement. The Consultants shall
thereupon promptly make any necessary corrections, and upon completion of such
corrections, the foregoing process shall be repeated. Any amount which the Client has
paid or caused to be paid in accordance with this Clause in excess of the amounts actually
payable in accordance with the provisions of this Contract shall be reimbursed by the

86
 Consultants to the Client within thirty (30) days after receipt by the Consultants of
notice thereof. Any such claim by the Client for reimbursement must be made within
twelve (12) calendar months after receipt by the Client of a final report and a final
statement approved by the Client in accordance with the above.

(f) All payments under this Contract shall be made to the account of the Consultants specified
in the SC.

7. Responsibility for Accuracy of Project Documents

7.1 General

7.1.1 The Consultant shall be responsible for accuracy of the data collected, by him directly or
procured from other agencies/authorities, the designs, drawings, estimates and all other
details prepared by him as part of these services. He shall indemnify the Authority against
any inaccuracy in the work which might surface during implementation of the project. The
Consultant will also be responsible for correcting, at his own cost and risk, the drawings
including any re-survey / investigations and correcting layout etc. if required during the
execution of the Services.
7.1.2 The Consultant shall be fully responsible for the accuracy of design and drawings of the
bridges and structures. All the designs and drawings for bridges and structures including
all their components shall be fully checked by a Senior Engineer after completion of the
designs. All drawings for bridges and structures shall be duly signed by the (a) Designer,
(b) Senior Checking Engineer, and (c) Senior Bridge / Structure Expert. The designs and
drawings not signed by the three persons mentioned above shall not be accepted. The
Consultant shall indemnify the Client against any inaccuracy / deficiency in the designs
and drawings of the bridges and structures noticed during the construction and even
thereafter and the Client shall bear no responsibility for the accuracy of the designs and
drawings submitted by the Consultants.

7.1.3 The survey control points established by the Consultant shall be protected
by the Consultants till the completion of the Consultancy Services.

7.2. Retention Money

An amount equivalent to 10% of the contract value shall be retained at the end of the contract for
accuracy of design and quantities submitted and the same will be released after the completion of
civil contract works or after 3 years from completion of consultancy services, whichever is earlier.
The retention money will however be released by the Client on substitution by Bank Guarantee of
the same amount valid up to the period as above.

7.3. Penalty
7.3.1. Penalty for Error/Variation
i) If variation in any of the main quantities of work like earth work including sub grade,
GSB, WMM, Bituminous works (BM/DBM/AC/BC),drains, total concrete quantities and
reinforcing steel in bridge works or overall project cost, found during execution is more
than +/- 15%, the penalty equivalent to 5% of the contract value shall be imposed. For
this purpose retention money equivalent to 5% of the contract value will be forfeited.
This shall exclude any additional/deletion of items/works ordered during the execution

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 ii) For inaccuracies in survey/investigation/design work the penalties shall be imposed
as per details given in Table below:
Sl. Item Penalty (%age of
No. contract value)
1 Topographic Surveys 0.5 to 1.0
a) The horizontal alignment does not match with
ground condition.
b) The cross sections do not match with existing
ground.
c) The co-ordinates are defective as instruments of
desired accuracy not used.
2 Geotechnical Surveys 0.5 to 1.0
a) Incomplete surveys
b) Data not analysed properly
c) The substrata substantially different from the actual
strata found during construction.
3 Traffic data found to be varying by more than 25% on 0.2 to 0.5
resurvey at a later date, unless there are justifiable
reasons.
4 Axle load data found to be varying by more than 25% 0.20 to 0.5
on resurvey at a later date, unless there are justifiable
reasons.
5 Structural Designs found to be unsafe or grossly over 1.0 to 2.0
safe.

7.3.2 Penalty for delay

In case of delay in completion of services, a penalty equal to 0.05% of the contract price
per day subject to a maximum 5% of the contract value will be imposed and shall be
recovered from payments due/performance security. However in case of delay due to
reasons beyond the control of the consultant, suitable extension of time will be granted.

7.3.3 Total amount of recovery from all penalties shall be limited to 10% of the Consultancy Fee.

7.4 ACTION FOR DEFICIENCY IN SERVICES

7.4.1 Consultants liability towards the Client

Consultant shall be liable to indemnify the client for any direct loss or damage accrued
or likely to accrue due to deficiency in service rendered by him.

7.4.2 Warning / Debarring

In addition to the penalty as mentioned in para 7.3, warning may be issued to the erring
consultants for minor deficiencies. In the case of major deficiencies in the Detailed
Project Report involving time and cost overrun and adverse effect on reputation of
Ministry, other penal action including debarring for certain period may also be initiated
as per policy of Ministry .

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8. FAIRNESS AND GOOD FAITH
8.1 Good Faith
The Parties undertake to act in good faith with respect to each other’s rights under this
Contract and to adopt all reasonable measures to ensure the realization of the objectives
of this Contract.

8.2 Operation of the Contract

The Parties recognize that it is impractical in this Contract to provide for every contingency
which may arise during the life of the Contract, and the Parties hereby agree that it is their
intention that this Contract shall operate fairly as between them, and without detriment to
the interest of either of them, and that, if during the term of this Contract either Party
believes that this Contract is operating unfairly, the Parties will use their best efforts to
agree on such action as may be necessary to remove the cause or causes of such
unfairness, but no failure to agree on any action pursuant to this Clause shall give rise to a
dispute subject to arbitration in accordance with Clause 9 hereof.

7. SETTLEMENT OF DISPUTES
a. Amicable Settlement
The Parties shall use their best efforts to settle amicably all disputes arising out of or in
connection with this Contract or the interpretation thereof.
b. Dispute Settlement
Any dispute between the Parties as to matters arising pursuant to this Contract which
cannot be settled amicably within thirty (30) days after receipt by one Party of the other
Party’s request for such amicable settlement may be submitted by either Party for
settlement in accordance with the provisions specified in the SC.

8. Change of Scope
The change of Scope on account of variation of total length as well as 4 laned length of
project Highway from the indicative length as given at Annex-1 of Letter of Invitation of the
RFP shall be dealt as follows

i) During the course of consultancy services in case it is considered necessary to

increase/decrease the scope of services( of total length or 4 laned length as compared
to indicative Length as given in the RFP) by the client the same shall be notified by
Change of scope notice. Similarly, if the Consultant determines that change of scope is
needed, he shall inform of the same to the Client. The Client will examine and shall
either reject the proposal or issue change of scope notice.

ii) The Consultancy fee shall be revised on account of change of scope as below:
- In case the total length of project increase/ decrease up to more 10% of indicative
length given in the RFP : No change in Consultancy Fees
- In case the increase/ decrease in total length of project is more than 10 % of the
indicative length as given in the RFP: Theconsultancy fee shall be increased/ decreased
in the same proportion in which the length of the project road is increased/ decreased
beyond 10% .

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 - In case the length of 4 lane road is increased up to 10% of the length as indicated in
the RFP: No change in Consultancy Fees

- In case the length of 4 lane road is increased by more than 10% of the length as
indicated in the RFP : The consultancy fee shall be increased by 0.25 times the average
quoted rate ( Rs per km ) for the increased length of 4 lane beyond 10%

iii) Length of Bypass / realignment shall not be treated as additionality to the existing length of
the highway for the purpose of change / variation in length. Increase/decrease in length on
account of bypasses shall not be considered as change of scope. However, the total length
of the project highway (including bypasses and realignment) along the finally approved
alignment shall be compared with the indicative length in the RFP for the purpose of
variation.

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 SPECIAL CONDITIONS OF CONTRACT
Number of
GC Clause

A. Amendments of, and Supplements to, Clauses in the General Conditions

1.1(a) The words “in the Government’s country” are amended to read “in INDIA”

1.4 The language is: English

1.6.1 The addresses are:

For the Client : Office of the Executive Engineer, National Highway Division,
Plot No.-1, Ward 3B, Old Vishram Gruh, Tagore road,
ADIPUR (Dist. ; Kachchh) -370205
Attention : Executive Engineer
National Highway Division, Gandhidham
Tele-Fax No: 02836-260304

E-mail : nhdgandhidham@[Link]

For the Consultants:

Attention: Name
Designation
Address
Tel: Fax: E-mailaddress
1.6.2 Notice will be deemed to be effective as follows:

(a) in the case of personal delivery or registered mail, on delivery;

(b) In the case of facsimiles, 24 hours following confirmed transmission.
(c) In case of E mail, 24 hours following confirmed transmission.
1.8 Entity to Act as Member in charge (In case of Joint Venture of Consultants) with or without
an Associate:

1.9 The Authorized Representatives are:

For the Client : ( -- )

Executive Engineer, National Highway Division, Gandhidham

For the Consultant: Name

Designation
1.10 The Consultants and the personnel shall pay the taxes, duties, fees, levies and
other impositions levied under the existing, amended or enacted laws (prevailing 7 days
before the last date of submission of bids) during life of this contract and the Client shall
perform such duties in regard to the deduction of such tax as may be lawfully imposed.
2.1 Theeffectiveness conditions are the following:
a) The contract has been approved by Ministry.

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b) The consultant will furnish within 15 days ofthe issue of letter ofacceptance, an
unconditional Bank Guarantee from a Nationalised Bank, IDBI or ICICI/ICICI
Bank/Foreign Bank/EXIM Bank / Any Scheduled Commercial Bank approved by RBI
having a networth of not less than 500 crore as per latest Annual Report of the Bank.
In the case of a Foreign Bank (issued by a Branch in India) the net worth in respect
of Indian operations shall only be taken into account. In case of Foreign Bank, the
BG issued by Foreign Bank should be counter guaranteed by any Nationalised Bank
in India. In case of JV, the BG shall be furnished on behalf of the JV or lead partner
of JV for an amount equivalent to 10 %of the total contract value to be received by
him towards Performance Security valid for a period of three years beyond the date
of completion of services.

2.2 The time period shall be “four months” or such other time period as the parties may
agree in writing.

2.3 Thetime period shall be “fifteen days” or such other timeperiod asthe Parties mayagree
in writing.

2.4 The time period shall be ---- months or such other time period as the parties may agree
in writing.
3.4 Limitation of the Consultants’ Liability towards the Client
(a) Except in case of negligence or willful misconduct on the part of the Consultants or
on the part of any person or firm acting on behalf of the Consultants in carrying out
the Services, the Consultants, with respect to damage caused by the Consultants to
the Client’s property, shall not be liable to the Client:

(i) for any indirect or consequential loss or damage; and

(ii) for any direct loss or damage that exceeds (A) the total payments for Professional
Fees and Reimbursable Expenditure made or expected to be made to the
Consultants hereunder, or (B) the proceeds the Consultants may be entitled to
receive from any insurance maintained by the Consultants to cover such a liability,
whichever of (A) or (B) is higher.

(b) This limitation of liability shall not affect the Consultants’ liability, if any, for damage to
Third Parties caused by the Consultants or any person or firm acting on behalf of the
Consultants in carrying out the Services.

3.5 The risks and the coverage shall be as follows:

(a) Third Party motor vehicle liability insurance as requiredunder Motor Vehicles Act, 1988 in
respect of motor vehicles operated in India by the Consultants or their Personnel or any
Sub consultants or their Personnel for the period of consultancy.
(b) Third Party liability insurance with a minimum coverage, for Rs. 1.00 million for the period
of consultancy.

(c) (i) The Consultant shall provide to Ministry Professional Liability Insurance (PLI) for a period of
Five years beyond completion of Consultancy services or as per Applicable Law,
whichever is higher.

(ii) The Consultant will maintain at its expense PLI including coverage for errors and
omissions

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 caused by Consultant’s negligence in the performance of its duties under this agreement,
(A) For the amount not exceeding total payments for Professional Fees and Reimbursable
Expenditures made or expected to be made to the Consultants hereunder OR (B) the
proceeds, the Consultants may be entitled to receive from any insurance maintained by
the Consultants to cover such a liability, whichever of (A) or (B) is higher.

iii) The policy should be issued only from an Insurance Company operating in India.

iv) The policy must clearly indicate the limit of indemnity in terms of “Any One Accident”
(AOA) and “Aggregate limit on the policy” (AOP) and in no case should be for an amount
less than stated in the contract.

v) If the Consultant enters into an agreement with Ministry in a joint venture or ‘in
association’, the policy must be procured and provided to Ministry by the joint venture/in
association entity and not by the individual partners of the joint venture/ association.

vi) The contract may include a provision thereby the Consultant does not cancel the policy
midterm without the consent of NHAI. The insurance company may provide an undertaking
in this regard.

(d) Employer’s liability and workers’ compensation insurance in respect of the Personnel of
the Consultants and of any Sub consultant, in accordance with the relevant provisions of
the Applicable Law, as well as, with respect to such Personnel, any such life, health,
accident, travel or other insurance as may be appropriate; and all insurances and policies
should start from the date of commencement of services and remain effective as per
relevant requirements of contract agreement.

3.9 The Consultants shall not use these documents for purposes unrelated to this Contract
without the prior written approval of the Client.

4.6 The person designated as Team Leader cum Senior Highway Engineer in
Appendix B
shall serve in that capacity, as specified in Clause 4.6.

6.1 (b) The ceiling amount in local currency is Rs ... …………..Excluding Service Tax)

6.3 (a) No advance payment will be made.

6.3 (e) The interest rate is : @ 12% per annum
6.3 (f) The account is :
9.2 Disputes shall be settled by arbitration in accordance with the following provisions:
9.2.1 Selection of Arbitrators
Each dispute submitted by a Party to arbitration shall be heard by a sole arbitrator or an
arbitration panel composed of three arbitrators, in accordance with the
following provisions:

(a) Where the Parties agree that the dispute concerns a technical matter, they may agree to
appoint a sole arbitrator or, failing agreement on the identity of such sole arbitrator within
thirty (30) days after receipt by the other Party of the proposal of a name for such an
appointment by the Party who initiated the proceedings, either Party may apply to the
President, Indian Roads Congress, New Delhi, for a list of not fewer than five nominees
and, on receipt of such list, the Parties shall alternately strike names there from, and the

93
 last remaining nominee on the list shall be the sole arbitrator for the matter in dispute. If
the last remaining nominee has not been determined in this manner within sixty (60) days
of the date of the list, the president, Indian Roads Congress, New Delhi, shall appoint,
upon the request of either Party and from such list or otherwise, a sole arbitrator for the
matter in dispute.

(b) Where the Parties do not agree that the dispute concerns a technical matter, the Client
and the Consultants shall each appoint one arbitrator, and these two arbitrators shall
jointly appoint a third arbitrator, who shall chair the arbitration panel. If the arbitrators
named by the Parties do not succeed in appointing a third arbitrator within thirty (30) days
after the later of the two arbitrators named by the Parties has been appointed, the third
arbitrator shall, at the request of either Party, be appointed by Secretary, the Indian
Council of Arbitration, New Delhi.

(c) If, in a dispute subject to Clause SC 9.2.1 (b), one Party fails to appoint its arbitrator within
thirty (30) days after the other Party has appointed its arbitrator, the Party which has
named an arbitrator may apply to the Secretary, Indian Council of Arbitration, New Delhi,
to appoint a sole arbitrator for the matter in dispute, and the arbitrator appointed pursuant
to such application shall be the sole arbitrator for that dispute.

9.2.2 Rules of Procedure

Arbitration proceedings shall be conducted in accordance with procedure of the Arbitration

& Conciliation Act 1996, of India unless the Consultant is a foreign national/firm, where
arbitration proceedings shall be conducted in accordance with the rules of procedure for
arbitration of the United Nations Commission on International Trade Law (UNCITRAL) as
in force on the date of this Contract.

9.2.3 Substitute Arbitrators

If for any reason an arbitrator is unable to perform his function, a substitute shall be
appointed in the same manner as the original arbitrator.

9.2.4 Qualifications of Arbitrators

The sole arbitrator or the third arbitrator appointed pursuant to paragraphs (a)through (c)
of Clause 8.2.1 hereof shall be an internationally recognized legal or technical expert with
extensive experience in relation to the matter in dispute.

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(a) Proceedings shall, unless otherwise agreed by the Parties, be held in DELHI

(b) the English language shall be the official language for all purposes; and
[Note: English language may be changed to any other Language, with the
agreement of both the Parties.]

(c) the decision of the sole arbitrator or of a majority of the arbitrators (or of the third arbitrator if
there is no such majority) shall be final and binding and shall be enforceable in any court of
competent jurisdiction, and the Parties hereby waive any objections to or claims of immunity
in respect of such enforcement.

(d) The maximum amount payable per Arbitrator in Arbitration clauses shall be as under

[Link] Particulars Maximum amount payable per Arbitrator/ per

case
1 Arbitrator fee Rs 15,000/- per day subject to a maximum of Rs
4 lacs orRs 2.5 lacs (lump sum) subject to
publishing the award within 12months.
2 Reading charges Rs 15,000/-
3 Secretarial Assistance and Rs 20,000/-
Incidental charges(telephone, fax,
4 postage
Charges etc)
for publishing/ Rs 20,000/-
declaration of the award
5 Other expenses (As per actual against bills subject to maximum of the prescribed
celling given below)
Economy class (by air), First class AC (by
Traveling expenses Lodging and train) and AC Car (by road)
a) Rs 15,000/- per day (in metro cities)
Boarding b) Rs 7,000/- per day (in other cities)
c) Rs 3,000/- per day if any Arbitrator makes
their own arrangements.
6 Local travel Rs 1,500/- per day
7 Extra charges for days other than Rs 3,500/- per day
hearing/ meeting days (maximum
for 2 days)
Note:- 1. Lodging boarding and traveling expenses shall be allowed only for those members
who are residing 100 kms. Away from place of meeting.
2. Delhi, Mumbai, Chennai, Kolkata, Bangalore and Hyderabad shall be considered
as Metro Cities.

In exceptional cases, such as cases involving major legal implications/ wider ramifications/
higher financial stakes etc., a special fee structure could be fixed in consultation with the
Contractor/ Supervision Consultants and with the specific approval of the Ministry before
appointment of the Arbitrator,
 Appendix A

Terms of reference containing, inter-alia, the Description of the Services

and Reporting Requirements

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 Appendix B

Consultants’ Subconsultants, Key Personnel and Sub Professional Personnel

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 Appendix C

Hours of Work for Consultant’s Personnel

The Consultant’s personnel shall normally work for 8 hours in a day and six days a week.
Normally Sundays shall be closed for working. In addition they shall also be allowed to avail
holidays as observed by the Client’s office in the relevant state without deduction of
remunerations. In case any person is required to work on Sunday or Holiday due to exigency of
work, he/she shall be given compensatory leave within the next 15 days.

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 Appendix D

Duties of Client

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 Appendix E
Cost Estimate

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 Appendix F
Minutes of Financial/ Contract Negotiations with the Consultant

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 Appendix G
Copy of Letter of Invitation

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 Appendix H
Copy of Letter of Acceptance

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 Appendix I

Format for Bank Guarantee for Performance Security (For individual work)
BANK GUARANTEE FOR PERFORMANCE SECURITY

To,
The Executive Engineer,
National Highway Division,
Plot No.-1, Ward 32B,
Old Vishramgruh, Tagore road,
ADIPUR (Dist. : Kachchh)-370205

In consideration of “The Executive Engineer, National Highway Division, Plot No.-1, Ward 3B,
Tagore road, Adipur (Dist. ; Kachchh)- Gujarat- 370205” (hereinafter referred as the “Client”, which
expression shall, unless repugnant to the context or meaning thereof include its successors,
administrators and assigns) having awarded to
M/s ................................................................. having its office at ..........................................
(Hereinafter referred to as the “Consultant” which expression shall repugnant to the context or
meaning thereof, include its successors, administrators, executors and assigns), a contract by
issue of client’s Contract Agreement no. / Letter of Acceptance No ............................. dated
...................... and the same having been unequivocally accepted by the Consultant, resulting in
a Contract valued at Rs ................ /- (Rupees .............................. ) excluding service tax for
“Consultancy Services for carrying out feasibility study, Detailed Survey/Investigation,
Preparation of General Arrangement Drawing, Detail Project Report for Construction of
proposed ROB (Six-lane configuration) & its approaches in replacement of temporary LC at
Km.363.625 on NH-8A (New NH- 141) “ (Hereinafter called the “Contract”), and the
Consultant having agreed to furnish a Bank Guarantee to the Client as “Performance Security as
stipulated by the Client in the said contract for performance of the above Contract amounting to
Rs .................. /- (Rupees .................................................... ).

We, .............................................. having registered office at .............................., a body

Registered/constituted under the ................................ (hereinafter referred to as the Bank),
which expression shall, unless repugnant to the context or meaning thereof, include its
successors, administrators, executors and assigns) do hereby guarantee and undertake to pay
the client immediately on demand any or, all money payable by the Consultant to the extent of
Rs.
.............. (Rupees ................................... ) as aforesaid at any time up to ...........without any
demur, reservation, contest, recourse or protest and/or without any reference to the consultant.
Any such demand made by the client on the bank shall be conclusive and binding
notwithstanding any difference between the Client and the Consultant or any dispute pending
before any Court, Tribunal, Arbitrator or any other authority. We agree that the Guarantee herein
contained shall be irrevocable and shall continue to be enforceable till the Client discharges this
guarantee.

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The Client shall have the fullest liberty without affecting in any way the liability of the Bank under
this Guarantee, from time to time to vary or to extend the time for performance of the contract by
the Consultant. The Client shall have the fullest liberty without affecting this guarantee, to
postpone from time to time the exercise of any powers vested in them or of any right which they
might have against the consultant and to exercise the same at any time in any manner, and
either to enforce or to forbear to enforce any covenants, contained or implied, in the Contract
between the Client and the Consultant any other course or remedy or security available to the
Client. The bank shall not be relieved of its obligations under these presents by any exercise by
the Client of its liberty with reference to the matters aforesaid or any of them or by reason of any
other act or forbearance or other acts of omission or commission on the part of the Client or any
other indulgence shown by the Client or by any other matter or thing whatsoever which under
law would but for this provision have the effect of relieving the Bank.

The Bank also agrees that the Client at its option shall be entitled to enforce this Guarantee
against the Bank as a principal debtor, in the first instance without proceeding against the
Consultant and notwithstanding any security or other guarantee that the Client may have in
relation to the Consultant’s liabilities.

Notwithstanding anything contained herein,

a) Our liability under this Bank Guarantee is limited to Rs.

..................... (Rupees ...................................... ) and it shall remain in force up to
and including and shall be extended from time to time for such period as
may be desired by M/s ............................ , on whose behalf this guarantee has been
given.

b) This Bank Guarantee shall be valid up to ...........................................................

c) We are liable to pay the guaranteed amount or any part thereof under this Bank
Guarantee only and only if you serve upon us a written claim or demand on or
before ........................ (date of expiry of Guarantee).

(Signature of the Authorised Official)

(Name & Designation with Bank Stamp)

NOTE:
(i) The bank guarantee(s) contains the name, designation and code number of the
officer(s) signing the guarantee(s).
(ii) The address, telephone no. and other details of the Head Office of the Bank as well as of
issuing branch should be mentioned on the covering letter of issuing Branch.
(iii) The bank guarantee for Rs. 10,000 and above is signed by at least two officials (or as
per the norms prescribed by the RBI in this regard).

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 Appendix J

Reply to Quarries of the Bidder

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