quality & cost based selection (qcbs) - sardar sarovar...

A Govt. of Gujarat Undertaking

Request for Proposal (RFP) for Selection of A Third Party Inspection Agency for

providing Third Party Inspection Services for the work of

Road, carrying out treatment to existing WBM Roads and providing C.C. parapet

walls along Miyagam Branch Canal (from Ch.62.500 to 86.600 km) & Vadodara

Branch canal (from Ch.67.440 to 115.090 km) with O & M for Five Years.

.

Quality & Cost Based Selection (QCBS)

[Last Date of Submission:

[Document Fee: Rs. 10,000/

Sardar

A Govt. of Gujarat Undertaking

Gandhinagar


providing Third Party Inspection Services for the work of �Providing WBM Service





April 2017

Last Date of Submission: 21/04/2017 at18.00hrs]

[Document Fee: Rs. 10,000/-]

CE (CPC) Sardar Sarovar Narmada Nigam Ltd.

Block No.12, 4th

Floor, New Sachivalaya Complex,

Gandhinagar - 382010

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�Providing WBM Service





]

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Sr. No. Description

Preface

1 The Sardar

1.2 A schematic map showing the canal network

1.3 Details of Canal Network

SECTION � 1 LETTER OF INVITATION

1 Objective of the Assignment

2 Request

3 Sale of RFP Documents

4 Address for

SECTION � 2 INSTRUCTIONS TO CONSULTANTS

1 Data Sheet

2 Eligibility

3 Criteria for evaluation

4 Fraud and corrupt practices

5 Preproposal conference and misellaneous

SECTION � 3 TECHNICAL PROPOSAL

Form - 1: Technical Proposal Submission Form

Form - 2: Particulars of the Applicant

Form - 3: Statement of Legal Capacity

Form - 4: Power of Attorney

Form - 5: Financial Capacity of the Applicant

Form - 6: Particulars of Key Personnel

Form - 7: Proposed Methodology and Work Plan

Form - 8: Abstract of Eligible Assignments of the Applicant

Form - 9: Abstract of Eligible Assignments of Key Personnel

Form - 10: Eligible Assignments of Applicant

Form - 11: Eligible Assignments of Key Personnel

Form - 12: CV of Key Personnel

Form - 13: Deployment of Personnel

I N D E X

Description

The Sardar Sarovar Project

A schematic map showing the canal network

Details of Canal Network

LETTER OF INVITATION

Objective of the Assignment

Request for Proposal

Sale of RFP Documents

Address for communication and Submission

INSTRUCTIONS TO CONSULTANTS

Data Sheet

Eligibility of applicants

Criteria for evaluation

Fraud and corrupt practices

Preproposal conference and misellaneous

TECHNICAL PROPOSAL

Technical Proposal Submission Form

Particulars of the Applicant

Statement of Legal Capacity

Power of Attorney

Financial Capacity of the Applicant

Particulars of Key Personnel

Proposed Methodology and Work Plan

Abstract of Eligible Assignments of the Applicant

Abstract of Eligible Assignments of Key Personnel

Eligible Assignments of Applicant

Eligible Assignments of Key Personnel

CV of Key Personnel

Deployment of Personnel

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Page No.

1

4

6

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8

8

10

14

18

47

52

55

72

76

78

79

80

81

82

83

84

85

86

87

89

SECTION � 4 FINANCIAL PROPOSAL

Form FIN � 1 Covering Letter

Form FIN � 2 Total Lump Sum Cost

Form FIN � 3 Cost of services

Form FIN � 4 Estimate of personnel costs

SECTION � 5 TERMS OF REFERENCE

1 Project Packages

2 Scope of consulting services

3 Quality of materials and work

4 Certification of work

5 Reporting requirements

6 Staffing schedule

7 Facilities to be provided by consultants

8 Quality criteria and Task assignments for key personnel

FINANCIAL PROPOSAL

Covering Letter

Total Lump Sum Cost

Cost of services

Estimate of personnel costs

TERMS OF REFERENCE

Project Packages

Scope of consulting services

Quality of materials and work

Certification of work completion

Reporting requirements

Staffing schedule

Facilities to be provided by consultants

Quality criteria and Task assignments for key personnel

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90

91

92

93

57

57

58

60

61

64

65

66

Invitation of Proposal for providing

�Providing WBM Service Road, carrying out treatment to existing WBM Roads and

providing C.C. parapet walls along Miyagam Branch Canal (from Ch.62.500 to 86.600

km) & Vadodara Branch canal (from Ch.67.440 to 1

Years.

Date: ______April.2017

To,

___________________________

___________________________

Selection of a Consultan

to SSNNL for the work of

treatment to existing WBM Roads and providing C.C. parapet walls

along Miyagam Branch Canal (from Ch.62.500 to 86.600 km) &

Vadodara Branch canal (from Ch.67.440 to 115.090 km) with O & M for

Five Years.

1. Sardar Sarovar Project

1.1. The Sardar Sarovar (Narmada) Project is a multipurpose river valley

project on the west flowing river Narmada in Gujarat State located along the

west coast of India.

The project is expected to provide irrigation benefits to a gross area of about

3.43 million hectares, and has hydropower of 1450 MW (installed capacity) and

also provides partial flood control. The project is estimated to cost about Rs.

39240Crores as of 2008-2009

CHAPTER 1

INTRODUCTION

for providing Third Party Inspection Services for the work of

Providing WBM Service Road, carrying out treatment to existing WBM Roads and


km) & Vadodara Branch canal (from Ch.67.440 to 115.090 km) with O & M for Five

7.

___________________________

___________________________

Consultant for Providing Third Party Inspection Services

or the work of � �Providing WBM Service Road, carrying out




roject:

Sarovar (Narmada) Project is a multipurpose river valley


project is expected to provide irrigation benefits to a gross area of about

es, and has hydropower of 1450 MW (installed capacity) and

partial flood control. The project is estimated to cost about Rs.

2009. The key features of the Project are as under:

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Services for the work of

Providing WBM Service Road, carrying out treatment to existing WBM Roads and


15.090 km) with O & M for Five

Third Party Inspection Services

carrying out




Sarovar (Narmada) Project is a multipurpose river valley


project is expected to provide irrigation benefits to a gross area of about

es, and has hydropower of 1450 MW (installed capacity) and

partial flood control. The project is estimated to cost about Rs.

The key features of the Project are as under:

Dam

1 Length of main concrete gravity dam

2 Maximum height above deepest foundation

level

3 Top R.L. of dam.

4 Catchments area of river above dam site

5 Live storage capacity 0.58M.Ha.m

6 Length of reservoir

Maximum width

Average Width

7 Spillway gates

Chute Spillway

Service Spillway

8 Spillway Capacity

Power Houses

1 River bed power house

2 Canal head power house

Canal System

Main Canal

1 Full supply level (F.S.L.) at H.R.

2 Length up

3 Base width in head reach

4 Full supply depth (F.S.D.) in head reach

5 Design discharge capacity

(1) In head reach

(2) At Gujarat

Length of main concrete gravity dam 1210.00 m

Maximum height above deepest foundation 163.00 m

Top R.L. of dam. 146.50 m

Catchments area of river above dam site 88,000 Sq.

Live storage capacity 0.58M.Ha.m (4.7 MAF)

Length of reservoir 214.00 km

Maximum width 16.10 km

Average Width 1.77 km

Spillway gates

Chute Spillway 7 Nos. 60' x 60'

Service Spillway 23 Nos. 60' x 55'

Spillway Capacity 84949.25 cumecs

(30 lakh cusecs)

River bed power house 1200 MW

Canal head power house 250 MW

Full supply level (F.S.L.) at H.R. 91.44 m (300 ft)

Length up to Gujarat - Rajasthan border 458.00 km

Base width in head reach 73.01 m

Full supply depth (F.S.D.) in head reach 7.60 m

Design discharge capacity

(1) In head reach 1133 cumecs

(40,000 cusecs)

(2) At Gujarat-Rajasthan border 71 cumecs

(2,500 cusecs)

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1210.00 m

163.00 m

146.50 m

88,000 Sq. km

(4.7 MAF)

214.00 km

16.10 km

1.77 km

7 Nos. 60' x 60'

23 Nos. 60' x 55'

84949.25 cumecs

(30 lakh cusecs)

1200 MW

250 MW

91.44 m (300 ft)

458.00 km

73.01 m

7.60 m

1133 cumecs

(40,000 cusecs)

71 cumecs

(2,500 cusecs)

Dam

Distribution System

1 Numbers of Branches

2 Length of distribution system network

3 Culturable Command Area

1.2. Schematic map showing the canal network:

1.3. Details of Phase-1

Phase-1 of Narmada Project covers 4,46,609 ha between rivers Narmada

and Mahi. This area is divided in to 52 Blocks. Total CCA 4,46,609 ha

covers five districts i.e. Narmada, Bharuch, Chhotaudepur, Vadodara and

Panchmahal covering 1201 villages.

Distribution System

Numbers of Branches 38

Length of distribution system network 66000 km

Culturable Command Area 18.45 lakh

hectares

chematic map showing the canal network:

1:

1 of Narmada Project covers 4,46,609 ha between rivers Narmada



Panchmahal covering 1201 villages.

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66000 km

18.45 lakh

hectares

1 of Narmada Project covers 4,46,609 ha between rivers Narmada



The Phase-1 covers 14 Branch Canals offtaking from Narmada Main Canal

from Ch 0km to 144.5 km and 11 Sub Branch Canal offtakes from Branch

Canal. The Total length of 25 Branch canal is 656.91 km. The works of

Branch canals are completed in 2002

297.74 Crore

201 Nos of distributory

1101.50 km. The works of

The expenditure incurred is Rs. 292.37 Crore

1235 Nos of minors offtakes from

length of 4321 km. The works of Minors having length of 4289 km are

completed and remaining 32 km will be completed by March

expenditure incurred is Rs. 427 Crore

The Irrigation is started since 2002

2. Objective of the A

Sardar Sarovar Narmada

Sardar Sarovar Project is a wholly owned Govt.

SSNNL has decided to undertake the work of

carrying out treatment to existing WBM Roads and providing C.C. parapet walls

along Miyagam Branch Canal (from Ch.62.500 to 86.600 km) & Vadodara Branch

canal (from Ch.67.440 to 115.090 km) with O & M for Five Years.

Whole work has been divided into

Engineers, N P Canal Dn. No.

Jambusar in Gujarat.

The contractors for this package have

bidding process and the work would be implemented in accordance with the

terms and conditions of the

1 covers 14 Branch Canals offtaking from Narmada Main Canal



Branch canals are completed in 2002-03. The expenditure incurred is Rs.

201 Nos of distributory offtakes from Branch Canals having length of

1101.50 km. The works of distributaries are completed in upto 2008

The expenditure incurred is Rs. 292.37 Crore

1235 Nos of minors offtakes from Distributaries and Branch Canals having


completed and remaining 32 km will be completed by March

expenditure incurred is Rs. 427 Crore

The Irrigation is started since 2002-03 in completed Branch, Distry and Minors

Assignment:

armada Nigam Limited (SSNNL), the implementing agency of

Sarovar Project is a wholly owned Govt. of Gujarat Undertaking.

undertake the work of Providing WBM Service Road,




Whole work has been divided into 1 slice, under the jurisdiction of the

N P Canal Dn. No.15,Jambusar having their offices located in

contractors for this package have been selected through a competitive

ding process and the work would be implemented in accordance with the

terms and conditions of the Item Rate tender.

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1 covers 14 Branch Canals offtaking from Narmada Main Canal



incurred is Rs.

offtakes from Branch Canals having length of

are completed in upto 2008-09.

and Branch Canals having


completed and remaining 32 km will be completed by March-17. . The

d Branch, Distry and Minors.

imited (SSNNL), the implementing agency of

f Gujarat Undertaking.

Providing WBM Service Road,



the Executive

having their offices located in

been selected through a competitive

ding process and the work would be implemented in accordance with the

In pursuance of above, and with a view to ensure quality assurance, timely

completion of the work within the determined costs and without

cost overrun, SSNNL has decided to outsource the Project Management

Consultancy to the qualified, technically competent and experienced firms who

have proven track record in the field of highway projects.

3. Request for Proposal

SSNNL invites Proposals for selection of a Project Management Consultant who

shall provide consultancy services to SSNNL for quality

implementation of the work. The consultancy work shall broadly include

construction supervision, quality assuran

Reference (the �TOR�) specified at Schedule

SSNNL intends to select the Consultant through [an open competitive bidding /

limited tender enquiry process] in accordance with the procedure set out herein.

4. Due Diligence by Applicants:

Applicants are encouraged to inform themselves fully about the assignment and

the local conditions before submitting the Proposal by paying a visit to the Work

site, sending written queries to the employer, and attending a Pre

conference on the date and time specified in clause 1.10.

5. Sale of RFP Document:

5.1 The RFP document is available in electronic form

www.ssnnl.nprocure.com. Interested bidder can view this bid

online. Bidders who are

bid document online. Bidders who are interested in bidding for

can down load the documents from the said web site up

21.04.2017. Those bidders who wish to have the hard copy (Printe

and with a view to ensure quality assurance, timely

completion of the work within the determined costs and without any time and


sultancy to the qualified, technically competent and experienced firms who

k record in the field of highway projects.

roposal:

Proposals for selection of a Project Management Consultant who

shall provide consultancy services to SSNNL for quality-efficient and time bound


construction supervision, quality assurance in accordance with the Terms of

) specified at Schedule � 1.



Diligence by Applicants:



site, sending written queries to the employer, and attending a Pre

conference on the date and time specified in clause 1.10.

Sale of RFP Document:

The RFP document is available in electronic form 1.4.17 on the

www.ssnnl.nprocure.com. Interested bidder can view this bid

online. Bidders who are interested in bidding for the work can

bid document online. Bidders who are interested in bidding for

can down load the documents from the said web site up to 18:00Hrs on

. Those bidders who wish to have the hard copy (Printe

8 | P a g e

and with a view to ensure quality assurance, timely

any time and


sultancy to the qualified, technically competent and experienced firms who

Proposals for selection of a Project Management Consultant who

efficient and time bound


ce in accordance with the Terms of





site, sending written queries to the employer, and attending a Pre-proposal

on the web site

www.ssnnl.nprocure.com. Interested bidder can view this bid document

interested in bidding for the work can view this

bid document online. Bidders who are interested in bidding for the works

to 18:00Hrs on

. Those bidders who wish to have the hard copy (Printed

http://www.ssnnl.nprocure.com.



Version) of the Bidding Documents can download the same and take the

printout of the same for their use.

5.2 Bidder who wish to submit their offer shall pay INR

Thousand) non refundable

favor of �Sardar Sarovar Narmada Nigam Ltd., Gandhinagar payable at

Gandhinagar drawn

India including the cooperative bank approved by the Finance Department

of Government of Gujarat and SSNNL

.

6. Validity of the Proposal:

The Proposal shall be valid for a period of not less than

Proposal Due Date (extended if any)

7. Preparation of Technical& Financial

7.1 The Techno-Financial Proposal must be submitted online on website

www.ssnnl.nprocure.com not later than the submission date shown in the data sheet

given in Chapter 2.Instructions for preparation of

in Chapter 2. The Criteria

Narmada Nigam Limited for evaluation of technical and financial proposals

mentioned in Chapter 3.

provided at Appendix-I and

7.2

8. Brief description of the Selection Process

SSNNL has adopted a two stage selection process in evaluating the Proposals

comprising technical and financial bids to be submitted

a technical evaluation will be carried out as specified in clause 3.1. Based on this

evaluation, a list of short

clause 3.2. In the second stage, a financial evaluation will be carri

specified in clause 3.3. Proposals will finally be ranked on Quality and

Cost Based Selection (QCBS).


printout of the same for their use.

Bidder who wish to submit their offer shall pay INR 10

refundable in the form of Account Payee Demand Draft in

Sarovar Narmada Nigam Ltd., Gandhinagar payable at

Gandhinagar drawn on any schedule bank listed by the Reserve Bank of


Gujarat and SSNNL.

e Proposal:

The Proposal shall be valid for a period of not less than 180 days from the

(extended if any) (the �PDD�)

echnical& Financial Proposals:

Financial Proposal must be submitted online on website

not later than the submission date shown in the data sheet

Instructions for preparation of Proposal are provided in

riteria and sub-criteria to be applied by the Sardar

for evaluation of technical and financial proposals

. The necessary Forms for submission of Proposal are

and Appendix-II.

rief description of the Selection Process


comprising technical and financial bids to be submitted online. In the first stage,


evaluation, a list of short-listed applicants shall be prepared as specified in

clause 3.2. In the second stage, a financial evaluation will be carri

Proposals will finally be ranked on Quality and

Cost Based Selection (QCBS).

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10,000/- (Ten

in the form of Account Payee Demand Draft in

Sarovar Narmada Nigam Ltd., Gandhinagar payable at

on any schedule bank listed by the Reserve Bank of


days from the


not later than the submission date shown in the data sheet

provided in detail

Sardar Sarovar

for evaluation of technical and financial proposals are

The necessary Forms for submission of Proposal are


. In the first stage,


listed applicants shall be prepared as specified in

clause 3.2. In the second stage, a financial evaluation will be carried out as

Proposals will finally be ranked on Quality and

http://www.ssnnl.nprocure.com

9. Pre-Proposal Site-visit

Prospective applicants may visit the site and review the available data at any

time prior to PDD. All communication

nodal officer specified below:

For Providing WBM Service Road, carrying out treatment to

existing, WBM Roads and providing C.C. parapet walls along Miyagam

Branch Canal (from Ch.62.500 to 86.600 km) & Vadodara Bra

canal (from Ch.67.440 to 115.090 km)

Executive Engineer, N.P.CanalDn No

10. Address for Communication and

All communications including the submission of Proposal should be addressed to

as given hereunder. You

Proposalis to be submitted

day of PDD and Financial Proposal

should submit two hard copies and two CD

Proposal �Official Documents

Consultancy/Project and clear identification of the contents on the envelope

submit on the next working day of the last date of bid submi

between 11.00 hrs to 18.00 hrs

The Chief Engineer (CPC

Sardar

Block No. 12,

Gandhinagar

Phone:- +91 79 232

email: [email protected]

11. Mode of physical

The technical and financial proposal shall be submitted online.

Technical Bid only along with supporting documents shall be submitted

visit:


All communications for such purpose may be addressed to the

nodal officer specified below:

Providing WBM Service Road, carrying out treatment to

WBM Roads and providing C.C. parapet walls along Miyagam

Branch Canal (from Ch.62.500 to 86.600 km) & Vadodara Bra


Executive Engineer, N.P.CanalDn No-15, Jambusar.

Communication and Submission:


You are requested to ensure that the

is to be submitted online before PDD as well as physically on the next

Financial Proposal is to be submitted on line before PDD

wo hard copies and two CD-ROMs of the

Official Documents� with the RFP Notice No., Name of the

and clear identification of the contents on the envelope

submit on the next working day of the last date of bid submission on online,

between 11.00 hrs to 18.00 hrs:

Chief Engineer (CPC)

Sardar Sarovar Narmada Nigam Limited,

Block No. 12, 6thFloor, New Sachivalaya Complex,

Gandhinagar (Gujarat) � 382 010

+91 79 23252734Fax:- +91 79 23223056

[email protected], [email protected],

physical Submission:

The technical and financial proposal shall be submitted online. One hard copy of the

Technical Bid only along with supporting documents shall be submitted

10 | P a g e


such purpose may be addressed to the

Providing WBM Service Road, carrying out treatment to

WBM Roads and providing C.C. parapet walls along Miyagam

Branch Canal (from Ch.62.500 to 86.600 km) & Vadodara Branch

with O & M for Five Years.


are requested to ensure that the Technical

physically on the next

on line before PDD. You

the Technical

ame of the

and clear identification of the contents on the envelope and

ssion on online,

One hard copy of the

Technical Bid only along with supporting documents shall be submitted by hand

mailto:[email protected]


mailto:[email protected],

delivery only at the time of submission of EMD

Executive Engineer (CPC �

382010, (Ph. No.-079-23252734) from 1

Purchase of Demand Draft for Tender Fee shall be made on or before the date

of online submission of bids

12. Schedule of Selection

SSNNL would endeavor

Sr.No. Event Description

1. Last Date for receiving

queries / clarifications

2. Pre-proposal conference

3. SSNNL response to queries

4. Proposal

5. Expected date

Technical

6. Expected date

opening of

7. Validity of Proposals

13. Consultancy Contract

Selected consultant will have to sign the Consultancy

with Sardar Sarovar Narmada Nigam Limited (SSNNL)

document.

14. Professional Team

Consultants shall propose separate and dedicated professional team as per

the TOR. No restructuring will be allowed except with the

permission of the SSNNL

15 Award of Contract

The competent

unquestionable authority to award

at the time of submission of EMD,Tender fee etc. to the office of

3), Floor No.-6, New Sachivalaya Complex, Gandhinag

23252734) from 11:00 to 18:00 Hrs on 24.04.2017


of online submission of bids.

election Process:

ndeavor to adhere to the following schedule:

Event Description Date

ate for receiving

queries / clarifications

6.4.2017upto 18.00 hrs

proposal conference 10.4.2017 at 12.00 hrs

SSNNL response to queries 12.4.2017

Proposal Due Date (PDD) 21.4.2017upto 18.00 hrs

Expected date for opening of

echnical Proposal

25.4.2017at 11.00 hrs

Expected date for public

pening of Financial Proposal

29.4.2017 at 11.00 hrs

Validity of Proposals 180 days from PDD(Extended if

any)

ontract:

Selected consultant will have to sign the Consultancy Agreement/C

Sarovar Narmada Nigam Limited (SSNNL) as contained in this

eam:


No restructuring will be allowed except with the

SSNNL.

ontract:

authority of SSNNL reserves its absolute and

unquestionable authority to award the work or cancel the bid process.

11 | P a g e

Tender fee etc. to the office of

6, New Sachivalaya Complex, Gandhinagar-

24.04.2017.


upto 18.00 hrs

at 12.00 hrs

upto 18.00 hrs

at 11.00 hrs

at 11.00 hrs

(Extended if

Agreement/Contract

as contained in this


No restructuring will be allowed except with the written

absolute and

the work or cancel the bid process.

16 Clarifications:

After the issuance of this Letter of invitation and before submission date of

proposals, the SSNNL

clarifications concerning the proposed services and copy

to all short listed firms. However, any delay caused by seeking such

clarification will not be considered a reason for extending the submission

date for your proposal.

It should be clearly understood that the

incurred by the consultants

collection of information, or

17 Pre-Proposal Conference

A Pre-proposal conference is scheduled on

the Committee Room

12, 3rd Floor, New Sachivalaya Complex, Gandhinagar

consultants desirous of participating

confirm their participation to the contact officer

18 Extension of Assignment

The Item rate contracts for which

to be assigned will have a performance period

schedule(Table-1). These contracts may get extended on bonafide

grounds. Such extensio

such a case, the

agreement. During the extended period, the consultant shall provide the

services and deploy his staff as per mutual agreement. During this peri

the TPI consultant�s

(eight percent) per

financial proposal.


SSNNL may, if necessary, reply to your written request for

clarifications concerning the proposed services and copy of the same reply

isted firms. However, any delay caused by seeking such


date for your proposal.

It should be clearly understood that the SSNNL will not reimburse any cost

the consultants for the preparation of proposals, site visit,

collection of information, or on selection for contract negotiations.

onference:

conference is scheduled on dt.10.4.2017 at 12.00

Committee Room of SardarSarovar Narmada Nigam Limited, Block No.

Floor, New Sachivalaya Complex, Gandhinagar. The

consultants desirous of participating in the pre-bid conference

confirm their participation to the contact officer mentioned hereinabove.

ssignment:

tem rate contracts for which Third Party Inspection services

to be assigned will have a performance period as listed in deployment

. These contracts may get extended on bonafide

Such extension of time will be at the discretion of SSNNL.

the TPI assignment will also be extended

During the extended period, the consultant shall provide the

services and deploy his staff as per mutual agreement. During this peri

consultant�s total lump-sum price will be increased by adding 8%

per annum of the total lump-sum price as per the accepted

12 | P a g e


may, if necessary, reply to your written request for

the same reply

isted firms. However, any delay caused by seeking such


will not reimburse any cost

for the preparation of proposals, site visit,

for contract negotiations.

12.00 hrs. at

Narmada Nigam Limited, Block No.

. The short listed

bid conference may kindly

hereinabove.

Third Party Inspection services (TPI) is

as listed in deployment

. These contracts may get extended on bonafide

n of time will be at the discretion of SSNNL. In

on mutual

During the extended period, the consultant shall provide the

services and deploy his staff as per mutual agreement. During this period,

by adding 8%

sum price as per the accepted

19 Consultants are requested to acknowledge receipt of this letter within five

days of receipt to officer nominated hereinabove

clear indication whether

are requested to acknowledge receipt of this letter within five

officer nominated hereinabove by email or facsimile with

clear indication whether consultant intends to submit a proposal or not.

Chief Engineer (CPC),SSNNL

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are requested to acknowledge receipt of this letter within five

facsimile with

to submit a proposal or not.

Chief Engineer (CPC),SSNNL

INSTRUCTION

1. DATA SHEET

Name of Employer

Name of Assignment/Consultancy

Type of Proposal Submission

method of Selection

Pre-Proposal Conference

Language of Proposal

Amount of Bid security/Earnest Money

CHAPTER � 2

NSTRUCTION ON PREPARATION OF PROPOSAL

Sardar Sarovar Narmada Nigam Limited

(SSNNL), Gandhinagar

/Consultancy Selection of a Consultant for Providing


SSNNL for the work of

WBM Service Road, carrying out

treatment to existing WBM Roads and

providing C.C. parapet walls along

Miyagam Branch Canal (from Ch.62.500

to 86.600 km) & Vadodara Branch canal

(from Ch.67.440 to 115.090 km) with O

& M for Five Years.

Type of Proposal Submission and Submission of Financial Proposal

Online and Technical Proposal

well as physically..


A pre-proposal conference will be held on

Date:10.4.2017 Time:12.00 hrs

Venue: Committee Room of SardarSarovar

Narmada Nigam Limited, Block No. 12, 3


Gandhinagar

Proposals shall be submitted in English

language

Earnest Money Rs. One (1) lac (Rs. 100,000)

14 | P a g e

armada Nigam Limited

Selection of a Consultant for Providing

Third Party Inspection Services to

or the work of � �Providing

WBM Service Road, carrying out

treatment to existing WBM Roads and

providing C.C. parapet walls along

Miyagam Branch Canal (from Ch.62.500

to 86.600 km) & Vadodara Branch canal

(from Ch.67.440 to 115.090 km) with O

Proposal is to be

Proposal is online as


will be held on

12.00 hrs

Committee Room of SardarSarovar

Narmada Nigam Limited, Block No. 12, 3rd


Proposals shall be submitted in English

000)Payable in favor

Deposit

Submission Date of Technical

Financial Proposal ( On line)

Expected date of opening of Technical

Proposal

Expected date for public

Financial Proposal

Expected date and address for contract

negotiations

Expected date for commencement of

consulting services

Representative / Contact Person

& Address of the Implementing

Agency

Inputs to be provided by the

SardarSarovar Narmada Nigam Limited

(SSNNL)

Validity of Proposal

Clarifications on RFP

Minimum technical score required for

of �Sardar Sarovar Narmada Nigam Ltd

Submission Date of Technical &

( On line)

Proposals must upload online

Date: 21.4.2017upto 18.00 hrs.

of opening of Technical Date: [email protected] hrs.

for public opening of Date: 29.4.2017 on 12.00 hrs.

Expected date and address for contract Date:

Expected date for commencement of Date:

Representative / Contact Person

& Address of the Implementing

Inputs to be provided by the

SardarSarovar Narmada Nigam Limited

Certified copies of all the

along with the technical bid, price bid,

general conditions of contract, work

specifications, terms of payment and all

other relevant data relating to the item

rate contracts awarded by SSNNL to the

contractor for the applicable packages.

Detailed engineering designs, drawings

provided to the works contractor

Proposal must remain valid for a period of

180 days from the Proposal Due Date (PDD)

The consultants may request for clarifications

on the RFP and the TOR

person nominated hereinabove not later than

6.4.2017

Minimum technical score required for Applicant firm must score a minimum

15 | P a g e

Sarovar Narmada Nigam Ltd �

upload online not later than

upto 18.00 hrs.

.00 hrs.

Certified copies of all the works contracts

along with the technical bid, price bid,

general conditions of contract, work

specifications, terms of payment and all

other relevant data relating to the item

rate contracts awarded by SSNNL to the

contractor for the applicable packages.

designs, drawings

contractor

Proposal must remain valid for a period of

Proposal Due Date (PDD).

The consultants may request for clarifications

TOR to the contact

person nominated hereinabove not later than

Applicant firm must score a minimum


technical qualification

Formula for determining the Financial

scores

Association of short listed consultant

with other short listed consultants

whether permitted?

Amounts payable by the SSNNL to the

consultant under the contract

whether subject to local taxation?

Contract Package : Bid Package: Sr.

No.

Slice Name of Work

1.

1. Slice-1 Providing WBM Service Road,

carrying out treatment to existing

WBM Roads and providing C.C.

parapet walls along Miyagam

Branch Canal (from Ch.62.500 to

86.600 km) & Vadodara Branch

canal (from Ch.67.440 to 115.090

km) with O & M for Five Years.

2. INSTRUCTIONS TO

A. GENERAL

technical score (St) of 200 marks out of 250

marks. Criteria and sub-criteria for evaluation

of technical proposal are given in Chapter 3

Formula for determining the Financial Sf = 100 X Fm/ F, where S

score, Fmis the lowest price and F the quoted

price of proposal under consideration. The

weights given to Technical and Financial

proposals are : Tp = 0.70 and F

Association of short listed consultant

with other short listed consultants �

Not Permitted

the SSNNL to the

consultant under the contract �

whether subject to local taxation?

Yes � SSNNL will reimburse service tax as

per GOI guidelineother taxes shall be born

by the Consultant.

: Bid Package-1

Name of Work Estimated

Tender

amount

Rs. In

Lacs

Name of

Division

3. 4. 5.






km) & Vadodara Branch



4736.56 N P Canal

Dn. No.1

Jambusar

NSTRUCTIONS TO APPLICANT CONSULTANTS

16 | P a g e

marks out of 250

criteria for evaluation

of technical proposal are given in Chapter 3

/ F, where Sfis the financial

is the lowest price and F the quoted

price of proposal under consideration. The

weights given to Technical and Financial

0 and Fp= 0.30

SSNNL will reimburse service tax as

other taxes shall be borne

Name of

Division

Contract Period

6.

N P Canal

15

Jambusar

9 Months

2.1 Scope of Proposal

2.1.1 Detailed description of the objectives, scope of services, Deliverables and

other requirements relating to this Consultancy are specified in this RFP.

In case an Applicant Consultant

and capabilities required for und

participate in the Selection Process. The term

�Applicant Consultant

may be. The manner in which the Proposal is required to be submitted,

evaluated and accepted is explained in this RFP.

The term SSNNL (�

Nigam Limited, Gandhingar, Gujarat.

2.1.2 Applicant Consultant

on the basis of an evaluation by the

specified in this RFP.

understood and agreed that no explanation or justification for any aspect

of the Selection Process will be given and that the

without any right of appeal whatsoever.

2.1.3 The Applicant Consultant

manner specified in this Part

submitted in the Form

submitted in the F

Consultant shall be required to enter into an agreement with the

the form specified at Schedule

2.1.4 Key Personnel

The Consultancy Team shall consist of the following key personnel

(the �Key Personnel

responsibilities as specified below:

Sr.

No.

Designation

1 Team Leader

Scope of Proposal

Detailed description of the objectives, scope of services, Deliverables and


Applicant Consultant firm possesses the requisite experience

and capabilities required for undertaking the Consultancy, it may

participate in the Selection Process. The term Applicant Consultant

Applicant Consultant�) means the Sole Firm / Company, as the case


accepted is explained in this RFP.

(�The SSNNL�) means Sardar Sarovar Narmada

Nigam Limited, Gandhingar, Gujarat.

Applicant Consultants are advised that the selection of Consultant shall be

on the basis of an evaluation by the SSNNL through the Selection Process

specified in this RFP. Applicant Consultants shall be deemed to have


of the Selection Process will be given and that the SSNNL�s decisions are

t of appeal whatsoever.

Applicant Consultant shall submit its Proposal in the form and

manner specified in this Part-2 of the RFP. The Technical proposal shall be

orm-1at Appendix-I and the Financial Proposal shall be

Form-1 at Appendix-II. Upon selection, the

shall be required to enter into an agreement with the

the form specified at Schedule- II.

tancy Team shall consist of the following key personnel

Key Personnel�) who shall discharge their respective

responsibilities as specified below:

Responsibilities

He will lead, co-ordinate and supervise the multi

17 | P a g e

Detailed description of the objectives, scope of services, Deliverables and


firm possesses the requisite experience

ertaking the Consultancy, it may

Applicant Consultant (the

, as the case


Sarovar Narmada

s are advised that the selection of Consultant shall be

the Selection Process

s shall be deemed to have


�s decisions are

shall submit its Proposal in the form and

2 of the RFP. The Technical proposal shall be

I and the Financial Proposal shall be

II. Upon selection, the Applicant

shall be required to enter into an agreement with the SSNNL in

tancy Team shall consist of the following key personnel

�) who shall discharge their respective

ordinate and supervise the multi-

Sr.

No.

Designation

2 Resident Engineer

3 Field Engineer

(Quality)

2.2 Conditions of Eligibility of


eligibility (the �Conditions of Eligibility

only those Applicant Consultant

will be considered for evaluation.

2.2.2 To be eligible for evaluation of its Proposal, the

fulfill the following:

(A) Technical Capacity

Responsibilities

disciplinary team involved in providing

Management Services. He will interact and

coordinate with the construction contractor

as the SSNNL�s Engineer-in-charge and will be

responsible for the overall performance and

administration of the Consultant�s team

successful management of the project.

He will be responsible to supervise all the activities

at the site and assist team leader with review of

Contractors� activities, work programme, strictly

monitor the progress of work for timely completion

of work in consultation with the SSNNL�sE

charge. . He will also be responsible for maintaining

complete record of quantities of materials procured

and used in the work.

He will be responsible for total quality control and

quality assurance of all the components of the

project as per work specifications contained in the

construction contract, relevant Bureau of Indian

standard codes of practices, standard engineering

practices.

2.2 Conditions of Eligibility of Applicant Consultants

Applicant Consultants must read carefully the minimum conditions of

Conditions of Eligibility�) provided herein. Proposals of

Applicant Consultants who satisfy the Conditions of Eligibility

will be considered for evaluation.

To be eligible for evaluation of its Proposal, the Applicant Consultant

e following:

Technical Capacity: The Applicant Consultant shall have, over

18 | P a g e

disciplinary team involved in providing Project

ervices. He will interact and

coordinate with the construction contractors as well

and will be

responsible for the overall performance and

onsultant�s team for

be responsible to supervise all the activities

and assist team leader with review of

Contractors� activities, work programme, strictly

monitor the progress of work for timely completion

Engineer-in-

He will also be responsible for maintaining

record of quantities of materials procured

He will be responsible for total quality control and

quality assurance of all the components of the

project as per work specifications contained in the

n contract, relevant Bureau of Indian

standard codes of practices, standard engineering

nimum conditions of

�) provided herein. Proposals of

s who satisfy the Conditions of Eligibility

Applicant Consultant shall

shall have, over

the past 5 (five) years preceding

completed a

in Clause 3.1.4

(B) Financial Capacity

a minimum income of

professional fees

preceding the Proposal Due Date. For the avoidance of doubt,

professional fees hereunder refer

Consultant for providing advisory or consultancy services to its

clients.

(C) Availability of Key Personnel:

make available all Key Personnel meeting the requirements

specified in sub

have age more than 62 yrs.

(D) Conditions of Eligibility for Key Personnel:

Personnel must fulfill the Conditions of Eligibility specified below

Sr.

No.

Key

Personnel

Educational

Qualification

1 Team Leader Graduate in Civil

Engineering

a

university/

2 Resident

Engineer

Graduate in Civil

Engineering

a

university/

the past 5 (five) years preceding Proposal Due Date (PDD)

completed a minimum of 1 (one) Eligible Assignment

in Clause 3.1.4.

Financial Capacity: The Applicant Consultant shall have received

a minimum income of 1 Cr( One Crore) per annum from

professional fees during each of the 3 (three) financial years

the Proposal Due Date. For the avoidance of doubt,

professional fees hereunder refer to fees received by the

for providing advisory or consultancy services to its

Availability of Key Personnel: The Applicant shall offer and


specified in sub-clause (D) below. All the key personnel should not

have age more than 62 yrs.

Conditions of Eligibility for Key Personnel: Each of the Key


Educational

Qualification

Length of

professional

Experience

Experience on

eligible

assignments

Graduate in Civil

Engineering from

a recognized

university/institute

15 years He should have led

a project

management

consultancy

assignment for

minimum one

Eligible A

Graduate in Civil

Engineering from

a recognized


7 years He should have

worked as a

Engineer/Resident

Engineer on

minimum

19 | P a g e

Proposal Due Date (PDD),

as specified

shall have received

per annum from

during each of the 3 (three) financial years

the Proposal Due Date. For the avoidance of doubt,

to fees received by the Applicant

for providing advisory or consultancy services to its

The Applicant shall offer and


All the key personnel should not

Each of the Key


Experience on

eligible

assignments

He should have led

a project

management

consultancy

assignment for

minimum one

Assignment.

He should have

worked as a Project

Engineer/Resident

Engineer on

minimum one ligible

Sr.

No.

Key

Personnel

Educational

Qualification

3 Field Engineer

(Quality)

Graduate /

Diploma in Civil

Engineering

a

university/


from its Statutory Auditors stating its total revenues from professional

fees during each of the past three financial years and the fee received in

respect of each of the Eligible Assignments speci

the event that the

it shall provide the requisite certificate(s) from the firm of Chartered

Accountants that ordinarily audits the annual accounts of the

Consultant.


format at Form-4of Appendix

Attorney would not be required if the Application is signed by a partner of

the Applicant Consultant

firm or limited liability partnership.

2.2.5 Any entity which has been barred by the Central Government, any State

Government, a statutory

case may be, from participating in any pro

the date of Proposal, would not be eligible to submit a Proposal either by

itself or through its Associate.

2.2.6 An Applicant Consultant

years, neither failed to perform on any

imposition of a penalty by an arbitral or judicial

pronouncement or arbitration award against the

Educational

Qualification

Length of

professional

Experience

Experience on

eligible

assignments

Assignment

Graduate /

Diploma in Civil

Engineering from

a recognized


5 years for

Graduate

Engineer and

10 years for

Diploma

Engineer

He should have

worked as a quality

control engineer

minimum one

Eligible A

Consultant shall enclose with its Proposal, certificate(s)



respect of each of the Eligible Assignments specified in the Proposal. In

the event that the Applicant Consultant does not have a statutory auditor,


Accountants that ordinarily audits the annual accounts of the

Applicant Consultant should submit a Power of Attorney as per the

4of Appendix-I; provided, however, that such Power of


Applicant Consultant, in case the Applicant Consultant is a partnership

firm or limited liability partnership.

Any entity which has been barred by the Central Government, any State

Government, a statutory SSNNL or a public sector undertaking, as the

case may be, from participating in any project, and the bar subsists as on


itself or through its Associate.

Applicant Consultant or its Associate should have, during the last three

years, neither failed to perform on any agreement, as evidenced by

imposition of a penalty by an arbitral or judicial ,SSNNL or a judicial

pronouncement or arbitration award against the Applicant Consultant

20 | P a g e

Experience on

eligible

assignments

ssignment.

He should have

worked as a quality

control engineer on

minimum one

Assignment.

shall enclose with its Proposal, certificate(s)



fied in the Proposal. In

does not have a statutory auditor,


Accountants that ordinarily audits the annual accounts of the Applicant

should submit a Power of Attorney as per the

I; provided, however, that such Power of


is a partnership

Any entity which has been barred by the Central Government, any State

or a public sector undertaking, as the

ject, and the bar subsists as on


or its Associate should have, during the last three

agreement, as evidenced by

or a judicial

Applicant Consultant or

its Associate, nor been expelled from any project or agreement nor have

had any agreement terminated for breach by such

its Associate.

2.2.7 While submitting a Proposal, the

clearly marked and referenced continuation sheets in the event that the

space provided in the specified forms in t

Alternatively, Applicant Consultant

making due provision for incorporation of the requested information.

2.3 Conflict of Interest

SSNNL policy requires that

and impartial advice and at all times hold the SSNNL�s interests

paramount, strictly avoid conflicts with other assignments or their own

corporate interests and act without any consideration for future work

2.3.1 Without limitation on

any of their affiliates, shall be considered to have a conflict of

interest and shall not be recruited, under any of the circumstances set

forth below.

a) A firm that has been engaged by the SSNNL to

goods, works or services other than consulting services for

a project, and any of its affiliates, shall be disqualified

from providing consulting services related to those goods, works

or services. Conversely, a

services for the preparation or implementation of a

project, and any of its affiliates, shall be disqualified from

subsequently providing goods or works or services other than

consulting services resulting from or directly related to the

firm�s consulting services for such preparation or

implementation. For the purpose of this paragraph, services other

than consulting services are defined as those leading to a

measurable physical output, for example surveys, exploratory

drilling, aerial photography, and satellite imagery


ment terminated for breach by such Applicant Consultant

While submitting a Proposal, the Applicant Consultant should attach


space provided in the specified forms in the Appendices is insufficient.

Applicant Consultants may format the specified forms


Conflict of Interest

SSNNL policy requires that Consultants provide professional



corporate interests and act without any consideration for future work

Without limitation on the generality of the foregoing, Consultants, and



A firm that has been engaged by the SSNNL to




or services. Conversely, a firm hired to provide consulting








easurable physical output, for example surveys, exploratory

drilling, aerial photography, and satellite imagery

21 | P a g e


Applicant Consultant or

should attach


he Appendices is insufficient.

s may format the specified forms


Consultants provide professional, objective,



corporate interests and act without any consideration for future work.

, Consultants, and



A firm that has been engaged by the SSNNL to provide




firm hired to provide consulting








easurable physical output, for example surveys, exploratory

b) A Consultant (including its Personnel and Sub Consultants) or any

of its affiliates shall not be hired for any assignment that, by its

nature, may be in conflict with another assignment of the

Consultant for the same or for another Client

The Consultant shall be aware of its obligations under the Contract

to

i) notify the SSNNL of any Personnel including Sub consultant�s

Personnel assigned to provi

Contract who is a former SSNNL staff member and

to warrant that the said former SSNNL staff member is

not subject to any work restrictions by virtue of such

former employment with the SSNNL.

clause, SSNNL staff members are defined as current

and retired SSNNL employees, and individuals that have

worked for the SSNNL with at least one of the following

types of appointments: Short Term Consultant

Term Temporary (STT), Extended Term Consultant (ETC),

Extended Term Temporary (ETT) or Junior Professional

Associate (JPA);

ii) use its best efforts not to assign any Personnel (including Sub

consultant�s Personnel) to the Contract who are rel

current SSNNL staff, and in the event that the SSNNL or

Consultant discovers that any Personnel is a close relative of a

current SSNNL staff member, to promptly replace the said

Personnel at no cost to the SSNNL with an individual having

equivalent skills. For purposes of this clause, a relative is

defined as (including those related by adoption and/or step or

half relationships): Mother, Father, Sister, Brother, Son,

Daughter, Aunt, Uncle, Niece and Nephew, and

iii) confirm, at the time of signing the Contract, that the

Consultant is not knowingly advising any �outside party,�

A Consultant (including its Personnel and Sub Consultants) or any


ay be in conflict with another assignment of the

Consultant for the same or for another Client


notify the SSNNL of any Personnel including Sub consultant�s

Personnel assigned to provide the Services under the




former employment with the SSNNL. For purposes of this




types of appointments: Short Term Consultant (STC), Short



Associate (JPA);

use its best efforts not to assign any Personnel (including Sub

consultant�s Personnel) to the Contract who are rel





nt skills. For purposes of this clause, a relative is



Daughter, Aunt, Uncle, Niece and Nephew, and

confirm, at the time of signing the Contract, that the


22 | P a g e

A Consultant (including its Personnel and Sub Consultants) or any


ay be in conflict with another assignment of the


notify the SSNNL of any Personnel including Sub consultant�s

de the Services under the




For purposes of this




(STC), Short



use its best efforts not to assign any Personnel (including Sub

consultant�s Personnel) to the Contract who are relatives of





nt skills. For purposes of this clause, a relative is



confirm, at the time of signing the Contract, that the


defined to mean an individual or firm (A) with which the SSNNL

is engaged in a formal dispute (i.e., the outside Party is suing

or has been sue

by the SSNNL for fraud or corruption, or is ineligible to be

awarded a SSNNL

corruption, or (C) whose complaint against a procurement

decision

2.3.2 Consultants have an obligation to disclose any situation of actual or

potential conflict that impacts their capacity to serve the best interest of

the SSNNL, or that may reasonably be perceived as having this effect.

Failure to disclose said situations ma

Consultant or the termination of its Contract.

2.3.3 No agency or current employees of SSNNL shall work as Consultants

under their own departments or agencies. Recruiting former government

employees or SSNNL retired officers

provided no conflict of interest exists. When the Consultant

nominates any government employee as Personnel in their technical

proposal, such Personnel must have written certification from their

government or employer confirming that they are on leave without

pay from their official position and allowed to work full

their previous official position. Such certification shall be provided to the

SSNNL by the Consultant as part of hi

2.3.4 If a Consultant could derive a competitive advantage from having

provided consulting services related to the assignment in question, the

SSNNL shall make available to all the Consultants together with this RFP

all information that would in that respect give such Consultant any

competitive advantage over competing Consultants

2.4 Number of Proposals

No Applicant Consultant

Application for the Consultancy

.An Applicant Consultant



or has been sued by the SSNNL), (B) who is being investigated


awarded a SSNNL-financed contract because of fraud or


is under review by the SSNNL

Consultants have an obligation to disclose any situation of actual or



Failure to disclose said situations may lead to the disqualification of the

Consultant or the termination of its Contract.

No agency or current employees of SSNNL shall work as Consultants


employees or SSNNL retired officers to work for SSNNL is acceptable




rnment or employer confirming that they are on leave without

pay from their official position and allowed to work full-time outside of


SSNNL by the Consultant as part of his technical proposal.

If a Consultant could derive a competitive advantage from having



on that would in that respect give such Consultant any

competitive advantage over competing Consultants

Number of Proposals

Applicant Consultant or its Associate shall submit more than one

Application for the Consultancy services to be provided for one

Applicant Consultant applying individually or as an Associate shall not

23 | P a g e



d by the SSNNL), (B) who is being investigated


financed contract because of fraud or


Consultants have an obligation to disclose any situation of actual or



y lead to the disqualification of the

No agency or current employees of SSNNL shall work as Consultants


to work for SSNNL is acceptable




rnment or employer confirming that they are on leave without

time outside of


If a Consultant could derive a competitive advantage from having



on that would in that respect give such Consultant any

or its Associate shall submit more than one

one Package

applying individually or as an Associate shall not

be entitled to submit another application either individually or as a

member of any consortium, as the case may be for the

2.5 Cost of Proposal

The Applicant Consultant

associated with the preparation of their Proposals and their participation

in the Selection Process including subsequent negotiation, visits to the

SSNNL, Project site etc. The

liable for such costs, regardless of the conduct or outcome of the

Selection Process.

2.6 Site visit and verification of information

Applicant Consultant

Proposals after visiting the Project site and ascertaining for themselves

the site conditions, traffic, location, surroundings, climate, access to the

site, availability of drawings and other data with the

Laws and regulations or any other matter considered relevant by them.

Visits shall be organized

Consultants on dates, time and venue as specified in Clause 1.9.

2.7 Acknowledgement by

2.7.1 It shall be deemed that by submitting the Proposal, the

Consultant has:

(a) made a complete and careful examination of the RFP;

(b) received all relevant information requested from the

(c) acknowledged and accepted the risk of inadequ

mistake in the information provided in the RFP or furnished by or

on behalf of the

in Clause 2.6 above;

(d) satisfied itself about all matters, things and information, including

matters referred

required for submitting an informed Application and performance

of all of its obligations there

(e) acknowledged that it does not have a Conflict of Interest; and


consortium, as the case may be for the same Pa

Applicant Consultants shall be responsible for all of the costs



, Project site etc. The SSNNL will not be responsible or in any way


Site visit and verification of information

Applicant Consultants are encouraged to submit their respective



site, availability of drawings and other data with the SSNNL


organized for the benefit of prospective

s on dates, time and venue as specified in Clause 1.9.

Acknowledgement by Applicant Consultant

It shall be deemed that by submitting the Proposal, the

made a complete and careful examination of the RFP;

received all relevant information requested from the SSNNL

acknowledged and accepted the risk of inadequacy, error or


on behalf of the SSNNL or relating to any of the matters referred to

in Clause 2.6 above;

satisfied itself about all matters, things and information, including

matters referred to in Clause 2.6 herein above, necessary and


of all of its obligations there under;

acknowledged that it does not have a Conflict of Interest; and

24 | P a g e


same Package.

s shall be responsible for all of the costs



be responsible or in any way


s are encouraged to submit their respective



SSNNL, Applicable


for the benefit of prospective Applicant

s on dates, time and venue as specified in Clause 1.9.

It shall be deemed that by submitting the Proposal, the Applicant

SSNNL;

acy, error or


or relating to any of the matters referred to

satisfied itself about all matters, things and information, including

to in Clause 2.6 herein above, necessary and


acknowledged that it does not have a Conflict of Interest; and

(f) agreed to be bound by the undertaking provid

terms hereof.

2.7.2 The SSNNL shall not be liable for any omission, mistake or error on the

part of the Applicant Consultant

account of any matter or thing arising

RFP or the Selection Process, including any error

any information or data given by the

2.8 Right to reject any or all Proposals

2.8.1 Notwithstanding anything contained in this RFP, the

right to accept or reject an

and reject all Proposals, at any time without any liability or any obligation

for such acceptance, rejection or annulment, and without assigning any

reasons thereof.

2.8.2 Without prejudice to the generality of Claus

the right to reject any Proposal if:

(a) at any time, a material misrepresentation is made or discovered, or

(b) the Applicant Consultant

specified by the

the SSNNL for evaluation of the Proposal.

Misrepresentation/ improper response by the

lead to the disqualification of the

Consultant is the Lead Member

consortium may be disqualified / rejected. If such disqualification /

rejection occurs after the Proposals have been opened and the highest

ranking Applicant Consultant

reserves the right to consider the next best

any other measure as may be deemed fit in the sole discretion of the

SSNNL, including annulment of the Selection Process.

B. DOCUMENTS

2.9 Contents of the RFP

agreed to be bound by the undertaking provided by it under and in

terms hereof.

shall not be liable for any omission, mistake or error on the

Applicant Consultant in respect of any of the above or on

account of any matter or thing arising out of or concerning or relating to

or the Selection Process, including any error or mistake therein or in

any information or data given by the SSNNL.

Right to reject any or all Proposals

Notwithstanding anything contained in this RFP, the SSNNL reserves the

right to accept or reject any Proposal and to annul the Selection Process



Without prejudice to the generality of Clause 2.8.1, the SSNNL

the right to reject any Proposal if:

at any time, a material misrepresentation is made or discovered, or

Applicant Consultant does not provide, within the time

specified by the SSNNL, the supplemental information sought by

for evaluation of the Proposal.

Misrepresentation/ improper response by the Applicant Consultant

lead to the disqualification of the Applicant Consultant. If the

is the Lead Member of a consortium, then the entire



Applicant Consultant gets disqualified / rejected, then the

the right to consider the next best Applicant Consultant


, including annulment of the Selection Process.

Contents of the RFP

25 | P a g e

ed by it under and in

shall not be liable for any omission, mistake or error on the

in respect of any of the above or on

out of or concerning or relating to

or mistake therein or in

reserves the

y Proposal and to annul the Selection Process



SSNNL reserves

at any time, a material misrepresentation is made or discovered, or

does not provide, within the time

, the supplemental information sought by

Applicant Consultant may

. If the Applicant

of a consortium, then the entire



gets disqualified / rejected, then the SSNNL

Applicant Consultant, or take


2.9.1 This RFP comprises the Disclaimer set

contents as listed below and will additionally include any Addendum /

Amendment issued in accordance with Clause 2.11:


1 Invitation of Proposal

2 Instructions to Applicant

3 Criteria for Evaluation

4 Fraud and corrupt practices

5 Pre-Proposal Conference

6 Miscellaneous

Schedules

1 Terms of Reference

2 Form of Agreement

ANNEX 1: Terms of Reference

ANNEX 2: Deployment of Personnel

ANNEX 3: Estimate of Personnel Costs

ANNEX 4: Cost of Services

ANNEX 5: Payment Schedule

ANNEX 6: Bank Guarantee for Performance Security

Appendix-I: Technical Proposal

Form - 1:

Form - 2:

Form - 3:

Form - 4:

Form - 5:

Form - 6:

Form - 7:

Form - 8:

Form - 9:

This RFP comprises the Disclaimer set forth hereinabove, the

as listed below and will additionally include any Addendum /

Amendment issued in accordance with Clause 2.11:


Invitation of Proposal

Instructions to Applicant Consultants

Criteria for Evaluation

Fraud and corrupt practices

Proposal Conference

Miscellaneous

Terms of Reference

Form of Agreement







I: Technical Proposal




Power of Attorney






26 | P a g e

forth hereinabove, the

as listed below and will additionally include any Addendum /


Assignments of Key Personnel

Form - 10:

Form - 11:

Form - 12:

Form - 13:

Appendix-II: Financial Proposal

Form FIN - 1

Form FIN - 2

Form FIN - 3

Form FIN - 4

2.10 Clarifications


queries to the SSNNL

Schedule of Selection Process at

The envelopes shall clearly bear the following identification:

�Queries/Request for Additional Information concerning RFP for

The SSNNL shall endeavor

specified therein but not later than

Due Date. The responses will be sent by fax or e

post the reply to all such queries on the Official Website and copies

thereof will also be circulated to all

purchased the RFP document without identifying the source of queries.

2.10.2 The SSNNL reserves the right not to respond to any questions or provide

any clarifications, in its sole disc

shall be construed as

to provide any clarification.

2.11 Amendment of RFP

2.11.1 At any time prior to the deadline for submission of Proposal, the

may, for any reason, whether at its own initiative or in response to

clarifications requested by an

document by the issuance of Addendum/ Amendment and posting it on

the Official Website and by conveying the same to th



CV of Key Personnel


II: Financial Proposal

1 � Covering Letter

2 � Total Lump-sum Cost

3 � Cost of Services

4 � Estimate of Personnel Costs

Applicant Consultants requiring any clarification on the RFP may send their

SSNNL in writing before the date mentioned in the

Schedule of Selection Process at Para 7 of Chapter 1.

The envelopes shall clearly bear the following identification:

�Queries/Request for Additional Information concerning RFP for

endeavor to respond to the queries within the period

specified therein but not later than 15 (fifteen) days prior to the Proposal

Due Date. The responses will be sent by fax or e-mail. The


thereof will also be circulated to all Applicant Consultants who have


reserves the right not to respond to any questions or provide

clarifications, in its sole discretion, and nothing in this Clause 2.10

shall be construed as obliging the SSNNL to respond to any question or

to provide any clarification.

Amendment of RFP

At any time prior to the deadline for submission of Proposal, the


clarifications requested by an Applicant Consultant, modify the RFP


the Official Website and by conveying the same to the prospective

27 | P a g e

s requiring any clarification on the RFP may send their

in writing before the date mentioned in the

�Queries/Request for Additional Information concerning RFP for . �

espond to the queries within the period

) days prior to the Proposal

mail. The SSNNL will


s who have


reserves the right not to respond to any questions or provide

retion, and nothing in this Clause 2.10

to respond to any question or

At any time prior to the deadline for submission of Proposal, the SSNNL


, modify the RFP


e prospective


e-mail.

2.11.2 All such amendments will be notified in writing through fax or e

all Applicant Consultant

amendments will also be

revised RFP containing the amendments and will be binding on all


2.11.3 In order to afford the

an amendment into account, or for any other reas

its sole discretion, extend the Proposal Due Date.

C. PREPARATION AND SUBMISSION OF PROPOSAL

2.12 Language

The Proposal with all accompanying documents (the �

all communications in relation to or concerning the Selecti

be in English language and strictly on the forms provided in this RFP. No

supporting document or printed literature shall be submitted with the

Proposal unless specifically asked for and in case any of these Documents

is in another languag

translation of the relevant passages in English, in which case, for all

purposes of interpretation of the Proposal, the translation in English shall

prevail.

2.13 Format and signing of Proposal


this RFP. The SSNNL

received in the specified forms and complete in all respects.


(together with originals/ copies of Documents required to be submitted

along therewith pursuant to this RFP) and clearly marked �ORIGINAL�. In

addition, the Applicant Consultant

Proposal, along with Documents, marked �CO

Applicant Consultants (who have purchased the RFP document) by fax or

All such amendments will be notified in writing through fax or e

Applicant Consultants who have purchased the RFP document. The

amendments will also be posted on the Official Website along with the


Applicant Consultants.

In order to afford the Applicant Consultants a reasonable time for taking

an amendment into account, or for any other reason, the SSNNL

its sole discretion, extend the Proposal Due Date.

PREPARATION AND SUBMISSION OF PROPOSAL

The Proposal with all accompanying documents (the �Documents

all communications in relation to or concerning the Selection Process shall




is in another language, it must be accompanied by an accurate



Format and signing of Proposal

Consultant shall provide all the information sought under

SSNNL would evaluate only those Proposals that are

received in the specified forms and complete in all respects.

Applicant Consultant shall prepare one original set of the Proposal



Applicant Consultant shall submit 2 (two) copies of the

with Documents, marked �COPY�. In the event of any

28 | P a g e

s (who have purchased the RFP document) by fax or

All such amendments will be notified in writing through fax or e-mail to

s who have purchased the RFP document. The

posted on the Official Website along with the


s a reasonable time for taking

SSNNL may, in

Documents�) and

on Process shall




e, it must be accompanied by an accurate



shall provide all the information sought under

would evaluate only those Proposals that are

shall prepare one original set of the Proposal



shall submit 2 (two) copies of the

PY�. In the event of any

discrepancy between the original and its copies, the original shall prevail.

2.13.3 The Proposal and its copy shall be typed or written in indelible ink and

signed by the authorized

initial each page, in blue ink. In case of printed and published

Documents, only the cover shall be initialed. All the alterations,

omissions, additions, or any other amendments made to the Proposal

shall be initialed by the person(s) signing the Proposal. The Pro

must be properly signed by the

�Authorized Representative

a) by the proprietor, in case of a proprietary firm; or

b) by a partner, in case of a partnership firm and/or a limited liability

partnership; or

c) by a duly authorized

of a Limited Company or a corporation; or

d) by the authorized

consortium.

A copy of the Power of Attorney certified under the hands of a partner

director of the Applicant Consultant

the Form-4at Appendix

2.13.4 The Proposal and its copy shall be typed or written in indelible ink and


Chapter 1, for submission of Proposals. Except as specifically provided in

this RFP, no supplementary material will be entertained by the

and that evaluation will be carried out only on the basis

received by the closing time of Proposal Due Date as specified in Clause

2.17.1. Applicant Consultant

additional material information or documents subsequent to the date of

submission, and unsolicited m

rejected. For the avoidance of doubt, the

seek clarifications under and in accordance with the provisions of Clause .

2.14 Technical Proposal


The Proposal and its copy shall be typed or written in indelible ink and

authorized signatory of the Applicant Consultant

each page, in blue ink. In case of printed and published



shall be initialed by the person(s) signing the Proposal. The Pro

must be properly signed by the authorized representative (the

Representative�) as detailed below:

by the proprietor, in case of a proprietary firm; or

by a partner, in case of a partnership firm and/or a limited liability

partnership; or

authorized person holding the Power of Attorney, in case

of a Limited Company or a corporation; or

authorized representative of the Lead Member, in case of

A copy of the Power of Attorney certified under the hands of a partner

Applicant Consultant and notarized by a notary public in

Appendix-I shall accompany the Proposal.


Applicant Consultants should note the Proposal Due Date, as specified in

, for submission of Proposals. Except as specifically provided in

this RFP, no supplementary material will be entertained by the

and that evaluation will be carried out only on the basis of Documents


Applicant Consultants will ordinarily not be asked to provide


submission, and unsolicited material if submitted will be summarily

rejected. For the avoidance of doubt, the SSNNL reserves the right to


Technical Proposal

29 | P a g e



Applicant Consultant who shall

each page, in blue ink. In case of printed and published



shall be initialed by the person(s) signing the Proposal. The Proposals

representative (the

by a partner, in case of a partnership firm and/or a limited liability

person holding the Power of Attorney, in case

representative of the Lead Member, in case of

A copy of the Power of Attorney certified under the hands of a partner or

by a notary public in


s should note the Proposal Due Date, as specified in

, for submission of Proposals. Except as specifically provided in

this RFP, no supplementary material will be entertained by the SSNNL,

of Documents


s will ordinarily not be asked to provide


aterial if submitted will be summarily

reserves the right to



1 at Appendix-I (the �

2.14.2 While submitting the Technical Proposal, the

in particular, ensure that:

(a) The Bid Security is provided;

(b) all forms are submitted in the prescribed formats and

prescribed signatories;

(c) Power of Attorney, if applicable, is executed as per Applicable

Laws;

(d) CVs of all Professional Personnel have been included;

(e) Key Personnel have been proposed o

of Eligibility laid down at

(f) no alternative proposal for any Key Personnel is being made and

only one CV for each position has been furnished

(g) the CVs have been recently signed and dated in blue ink by the

respective Personnel and countersigned by the

Consultant. Photocopy or unsigned / countersigned CVs shall be

rejected;

(h) the CVs shall contain an undertaking from the respective Key

Personnel about his/her availability for the duration specified in the

RFP;

(i) Professional Personnel proposed have good

English language;

(j) Key Personnel would be available for the period indicated in the

TOR;

(k) no Key Personnel should have attained the age of

years at the time of submitting the proposal; and

(l) the proposal is responsive in

2.14.3 Failure to comply with the requirements spelt out in this Clause 2.14 shall

make the Proposal liable to be rejected.

2.14.4 If an individual Key Personnel makes a false averment regarding his

Applicant Consultants shall submit the technical proposal in the

I (the �Technical Proposal�).

While submitting the Technical Proposal, the Applicant Consultant

in particular, ensure that:

The Bid Security is provided;

all forms are submitted in the prescribed formats and signed by the

prescribed signatories;

Power of Attorney, if applicable, is executed as per Applicable

CVs of all Professional Personnel have been included;

Key Personnel have been proposed only if they meet the Conditions

of Eligibility laid down at Clause 2.2.2 (D) of the RFP;

no alternative proposal for any Key Personnel is being made and

only one CV for each position has been furnished

the CVs have been recently signed and dated in blue ink by the

respective Personnel and countersigned by the

. Photocopy or unsigned / countersigned CVs shall be

the CVs shall contain an undertaking from the respective Key


Professional Personnel proposed have good working knowledge of

English language;

Key Personnel would be available for the period indicated in the

no Key Personnel should have attained the age of 62

years at the time of submitting the proposal; and

the proposal is responsive in terms of Clause 2.21.3.

Failure to comply with the requirements spelt out in this Clause 2.14 shall

make the Proposal liable to be rejected.

If an individual Key Personnel makes a false averment regarding his

30 | P a g e

roposal in the Proforma

Applicant Consultant shall,

signed by the

Power of Attorney, if applicable, is executed as per Applicable

nly if they meet the Conditions

no alternative proposal for any Key Personnel is being made and

the CVs have been recently signed and dated in blue ink by the

respective Personnel and countersigned by the Applicant

. Photocopy or unsigned / countersigned CVs shall be

the CVs shall contain an undertaking from the respective Key


working knowledge of

Key Personnel would be available for the period indicated in the

62 (sixty two)

Failure to comply with the requirements spelt out in this Clause 2.14 shall

If an individual Key Personnel makes a false averment regarding his

qualification, experience or other particulars,

regarding availability for the Project is not fulfilled at any stage after

signing of the Agreement, he shall be liable to be debarred for any future

assignment of the

Consultancy to the

in such an event.

2.14.5 The Technical Proposal shall not include any financial information relating

to the Financial Proposal.

2.14.6 The proposed team shall be composed of experts and specialists (the

�Professional Personnel

managerial/support staff (the �

Consultant should be able to complete the Consultancy within the

specified time schedule. The Key Personnel specified in Clause

be included in the proposed team of Professional Personnel. Other

competent and experienced Professional Personnel in the relevant areas

of expertise must be added as required for successful completion of this

Consultancy. The CV of each such

also be submitted in the

2.14.7 Sub-Consultants will not be permitted in any case.

2.14.8 The SSNNL reserves the right to verify all statements, information and

documents, submitted by the

RFP. Any such verification or the lack of such verification by the

undertake such verification shall not relieve the

obligations or liabilities hereunder nor will it affect any rights of th

SSNNL thereunder.

2.14.9 In case it is found during the evaluation or at any time before signing of

the Agreement or after its execution and during the period of subsistence

thereof, that one or more of the eligibility conditions have not been met

by the Applicant Consultant

material misrepresentation or has given any materially incorrect or false

information, the Applicant Consultant

yet appointed as the Consultant either by issue

qualification, experience or other particulars, or his commitment



assignment of the SSNNL for a period of 5 (five) years. The award of this

o the Applicant Consultant may also be liable to cancellation

The Technical Proposal shall not include any financial information relating

to the Financial Proposal.

The proposed team shall be composed of experts and specialists (the

essional Personnel�) in their respective areas of expertise and

managerial/support staff (the �Support Personnel�) such that the


specified time schedule. The Key Personnel specified in Clause




Consultancy. The CV of each such Professional Personnel, if any, should

also be submitted in the Form-12 at Appendix-I.

will not be permitted in any case.

reserves the right to verify all statements, information and

documents, submitted by the Applicant Consultant in response to the

RFP. Any such verification or the lack of such verification by the

undertake such verification shall not relieve the Applicant Consultant

obligations or liabilities hereunder nor will it affect any rights of th

thereunder.

In case it is found during the evaluation or at any time before signing of



Applicant Consultant or the Applicant Consultant


Applicant Consultant shall be disqualified forthwith if not

yet appointed as the Consultant either by issue of the LOA or entering

31 | P a g e

or his commitment



for a period of 5 (five) years. The award of this

may also be liable to cancellation

The Technical Proposal shall not include any financial information relating

The proposed team shall be composed of experts and specialists (the

�) in their respective areas of expertise and

�) such that the


specified time schedule. The Key Personnel specified in Clause 2.1.4 shall




Professional Personnel, if any, should

reserves the right to verify all statements, information and

in response to the

RFP. Any such verification or the lack of such verification by the SSNNL to

Applicant Consultant of its

obligations or liabilities hereunder nor will it affect any rights of the

In case it is found during the evaluation or at any time before signing of



Applicant Consultant has made


shall be disqualified forthwith if not

of the LOA or entering

into of the Agreement, and if the Selected

already been issued the LOA or has entered into the Agreement, as the

case may be, the same shall, notwithstanding anything to the contrary

contained therein or in

communication in writing by the

any manner whatsoever to the

case may be.

In such an event, the

as mutually agreed pre

the SSNNL for, inter alia,

prejudice to any other right or remedy that may be available to the

SSNNL.

2.15 Financial Proposal

While submitting the Financial Proposal, the Applicant Consultant shall

ensure the following:


-1 to Form FIN �

indicating the tota

Appendix-II) only online on ssnnl.nprocure.com. No financial proposal

shall be submitted in physical form.

2.15.2 Financial Proposal shall be read in conjunction with the TOR (Scope of

Services) and RFP,

Packages/Slices.

2.15.3 All the costs associated with the assignment shall be included in the Financial

Proposal. These shall normally cover remuneration for all the Personnel

(Expatriate and Resident, in the

equipment, printing of documents, surveys, geo

The total amount indicated in the Financial Proposal shall be without any

condition attached or subject to any assumption, and shall b

into of the Agreement, and if the Selected Applicant Consultant



contained therein or in this RFP, be liable to be terminated, by a

communication in writing by the SSNNL without the SSNNL being liable in

any manner whatsoever to the Applicant Consultant or Consultant, as the

In such an event, the SSNNL shall forfeit and appropriate the Bid Security

as mutually agreed pre-estimated compensation and damages payable to

inter alia, time, cost and effort of the SSNNL


Financial Proposal


ensure the following:

Applicant Consultants shall submit the financial proposal in the

4 of Appendix-II (the �Financial Proposal

indicating the total lump-sum cost of the Consultancy (Form

only online on ssnnl.nprocure.com. No financial proposal

shall be submitted in physical form.

Financial Proposal shall be read in conjunction with the TOR (Scope of

Services) and RFP, Clarifications, set forth applicable to the respective

All the costs associated with the assignment shall be included in the Financial


(Expatriate and Resident, in the field, office etc), accommodation, air fare

equipment, printing of documents, surveys, geo-technical investigations etc.


condition attached or subject to any assumption, and shall b

32 | P a g e

Applicant Consultant has



this RFP, be liable to be terminated, by a

being liable in

or Consultant, as the

e the Bid Security

estimated compensation and damages payable to

SSNNL, without



s shall submit the financial proposal in the Form FIN

Financial Proposal�) clearly

cost of the Consultancy (Form FIN-2 of

only online on ssnnl.nprocure.com. No financial proposal

Financial Proposal shall be read in conjunction with the TOR (Scope of

Clarifications, set forth applicable to the respective

All the costs associated with the assignment shall be included in the Financial


field, office etc), accommodation, air fare

technical investigations etc.


condition attached or subject to any assumption, and shall be final and

binding. In case any assumption or condition is indicated in the Financial

Proposal, it shall be considered non

2.15.4 The lump sum prices and other rates of the

be inclusive of all costs, risk and expense, head office and site office

overheads, profit and/or fee related to the satisfactory performance and

completion of the work and all taxes and duties (excluding service tax)

2.15.5 The lump-sum prices and other rates shall include but not limited to any and

all costs related to Project Management, day to day supervision on 24X7

basis, attendance at all meetings with the SSNNL and Item Rate Contractors

(whether at SSNNL�s premises, SSNNL�s

Premises and Item Rate Contractor�s Site / Campus, inspection, witnessing

100% tests carried out by the Item Rate Contractors as per construction

contract, additional 10% Conformity Testing and quality assurance/quality

control as Third Party Quality Inspection Agency, contract administration,

project scheduling , controlling and monitoring, progress monitoring, project

financial monitoring, witnessing and approving Performance Tests and

Commissioning Tests as more particular

contract documents, TOR, and elsewhere in the RFP as per the requirement

of the respective construction contract documents.

2.15.6 The quoted price of the bidder shall include, but not limited to

the following:

1. Wages / Salaries, benefits, payroll, incentives, all the allowances, bonus,

medical expenses, overtime, charges for working on holidays and all other

costs or expenses of any type or kind whatsoever which directly or indirectly

relate to accomplishing the work and complyin

the construction contract of the respective Packages/Slices and which are not

otherwise set forth or referred to in the contract as a reimbursable expenses

under Form FIN-2 of the Financial Proposal.

2. Head Office and Site O

be reimbursed as an extra / additional to the Project Management Consultant.


Proposal, it shall be considered non-responsive and liable to be rejected

The lump sum prices and other rates of the TPI Bidder set forth herein shall



completion of the work and all taxes and duties (excluding service tax)

sum prices and other rates shall include but not limited to any and



(whether at SSNNL�s premises, SSNNL�s nominated location or the




rol as Third Party Quality Inspection Agency, contract administration,



Commissioning Tests as more particularly described in the construction


of the respective construction contract documents.

The quoted price of the bidder shall include, but not limited to

benefits, payroll, incentives, all the allowances, bonus,



relate to accomplishing the work and complying in full with the provisions of



of the Financial Proposal.

Head Office and Site Office / Project Office overhead costs and profit shall not


33 | P a g e


responsive and liable to be rejected.

Bidder set forth herein shall



completion of the work and all taxes and duties (excluding service tax).

sum prices and other rates shall include but not limited to any and



nominated location or the TPI�s




rol as Third Party Quality Inspection Agency, contract administration,



ly described in the construction


The quoted price of the bidder shall include, but not limited to

benefits, payroll, incentives, all the allowances, bonus,



g in full with the provisions of



ffice / Project Office overhead costs and profit shall not


It is deemed to be included in the lump

under the Financial Proposal.

3. All the costs and expenses towards equipment rental, communication

equipment, communications charges, general administrative costs of the

operation (including travel, lodging, boarding, transport facility, camp sites,

offices).

4. Usage of all existing and / or ne

electricity charges.

5. Usage of all existing and/ or new computers, hardware, required office

administration, management, engineering and application software, statistics

and CAD software, planning, scheduling

etc.

6. All printing, black & white / colour plotting, reproduction, internal and long

distance communications and courier costs.

7. Fees paid to any other agency, company, organization, consultant /

specialists, techno-lega

engineering and geo

8. Any additional efforts due to re

technical specifications, revision in drawings or execution meth

required and decided by the SSNNL for the respective packages/Slices.

9. All the costs and expenses towards third party equipment rental ,

communication equipment, communications charges, general administrative

costs of the TPI�s operation (

facility, camp sites, offices).

10. All the insurance requirements.

11. All downtime due to weather, communication and mechanical breakdown

shall be to the TPI�s account and is deemed to be included in the lump sum

prices quoted under Form FIN

It is deemed to be included in the lump-sum price under Form FIN

under the Financial Proposal.

s and expenses towards equipment rental, communication

equipment, communications charges, general administrative costs of the


Usage of all existing and / or new office and field laboratory facilities and

Usage of all existing and/ or new computers, hardware, required office


and CAD software, planning, scheduling and monitoring and control software

All printing, black & white / colour plotting, reproduction, internal and long

distance communications and courier costs.

Fees paid to any other agency, company, organization, consultant /

legal experts, technology experts, scheduling expert, soil

engineering and geo-technical experts etc. for use of the TPI.

Any additional efforts due to re-engineering / re-routing, changes in the

technical specifications, revision in drawings or execution methodology etc., if


All the costs and expenses towards third party equipment rental ,


�s operation (including travel, lodging, boarding, transport

facility, camp sites, offices).

All the insurance requirements.

All downtime due to weather, communication and mechanical breakdown

�s account and is deemed to be included in the lump sum

prices quoted under Form FIN-3.

34 | P a g e

sum price under Form FIN-3 set forth

s and expenses towards equipment rental, communication

equipment, communications charges, general administrative costs of the TPI�s


w office and field laboratory facilities and

Usage of all existing and/ or new computers, hardware, required office


and monitoring and control software

All printing, black & white / colour plotting, reproduction, internal and long-

Fees paid to any other agency, company, organization, consultant /

l experts, technology experts, scheduling expert, soil

routing, changes in the

odology etc., if


All the costs and expenses towards third party equipment rental ,


including travel, lodging, boarding, transport

All downtime due to weather, communication and mechanical breakdown

�s account and is deemed to be included in the lump sum

12. Income Tax and any other taxes payable in the

India (except Service Tax).

2.15.7 TPI APPLICANTS TO NOTE

1. SSNNL shall not pay any expenses / fees in addition to the Agreed Contract

Price to the TPI as additional fees, financial claim and/or compensation due to

increase in the combined

respective Package

work, claims, compensation, price escalation of

Item Rate Tenders.

increases beyond thirty percent (30%) specifically on account of excess/extra

works, then the

proportionately towards

construction contractors

whole Package.

2. The TPI Applicant

resources proposed to be deployed at a Package for which he has been

awarded the consultancy

awarded to him. TPI

(man, material, equipment, systems, testing facilities, infrastructure, and

vehicles etc.) deployed in accordance with the agreed Contract Agreement

regularly.

3. All the Testing Charges towards additional 10% Field Conformity Tests at site

shall be administered, managed and borne by the

4. Actual Testing Charges for Additional

in the SSNNL approved Material Testing Laboratory or GERI / Polytechnic /

Engineering Colleges / Govt Laboratories

However, all the expenses towards handling, re

management, communication, expediting, conveyance, witnessing etc. shall

be borne by the TPI

Income Tax and any other taxes payable in the TPI�s country or payable in

India (except Service Tax).

APPLICANTS TO NOTE

SSNNL shall not pay any expenses / fees in addition to the Agreed Contract

as additional fees, financial claim and/or compensation due to

combined Bid Price of the Construction Contractor

because of change in the scope of work, excess / extra

claims, compensation, price escalation of the respective Packages

. However, if the combined bid price of the Package


works, then the TPI Consultant shall be paid additional amount

wards only such additional works carried out by the

construction contractors which exceed thirty percent (30%)in totality for the

Applicant shall not be allowed to share and use any or all the


awarded the consultancy in another / adjoining Package which in case

TPI shall inform the EIC in writing about all the resources



All the Testing Charges towards additional 10% Field Conformity Tests at site

hall be administered, managed and borne by the TPI Applicant.

Actual Testing Charges for Additional 10% Conformity Tests to be carried out


Engineering Colleges / Govt Laboratories shall be borne by the SSNNL.

all the expenses towards handling, re-handling, administration,


TPI Applicant for such Additional 10% Conformity Tests

35 | P a g e

�s country or payable in

SSNNL shall not pay any expenses / fees in addition to the Agreed Contract

as additional fees, financial claim and/or compensation due to

Bid Price of the Construction Contractors for

excess / extra

the respective Packages for

of the Package


Consultant shall be paid additional amount

carried out by the

in totality for the

shall not be allowed to share and use any or all the


Package which in case also

l the resources



All the Testing Charges towards additional 10% Field Conformity Tests at site

% Conformity Tests to be carried out


shall be borne by the SSNNL.

handling, administration,


% Conformity Tests

carried out in the SSNNL approved Material Testing Laboratory or GERI /

Polytechnic / Engineering Colleges / Govt Laboratories.

5. The lump-sum price as quoted in Form FIN

final bid price for financial evaluation.

6. During negotiation,

justify the reasonableness of the Lump

(Under Forms FIN-

unbalanced Financial Proposal

acceptable to the SSNNL.

7. TPI applicant who will be finally awarded the consultancy assignment shall

have to deploy various resources including support staff which are

commensurate with the requirement as seem to be adequate a

by EIC in achieving effective and time bound completion/implementation of

the work.

8. The Consultants are advised to refer the Detailed Tender Documents of Item

rate Contracts of Construction Contract. These will be available on the web

site www.ssnnl.nprocure.com

thereon, the Chief Engineer (

EIC may be contacted for the

2.16 Submission of Proposal

2.16.1 The Techno-Financial Proposal must be submitted online on website

www.ssnnl.nprocure.com not later than the submission date shown in t

data sheet given in Chapter 2

the Proposal in hard bound form with all pages numbered serially and by

giving an index of submissions. Each page of the submission shall be

initialed by the Authorized

per the terms of the RFP. In case

document down loaded from Official Website, the

shall be responsible for its accuracy and correctness as per the version

t in the SSNNL approved Material Testing Laboratory or GERI /

Polytechnic / Engineering Colleges / Govt Laboratories.

price as quoted in Form FIN-2 only shall be considered as the

final bid price for financial evaluation.

SSNNL shall reserve an express right to ask the

justify the reasonableness of the Lump-sum Prices quoted for all the items

-3 to FIN-4).SSNNL may reject the unreasonable and

unbalanced Financial Proposal if justification made by the TPI Bidder

acceptable to the SSNNL.

applicant who will be finally awarded the consultancy assignment shall


commensurate with the requirement as seem to be adequate and necessary


The Consultants are advised to refer the Detailed Tender Documents of Item


www.ssnnl.nprocure.com. If not available or in case of any clarification

Chief Engineer (Vadodara) / Chief Engineer (CPC) / respective

EIC may be contacted for the same.

Proposal


www.ssnnl.nprocure.com not later than the submission date shown in t

data sheet given in Chapter 2. The Applicant Consultants shall



Authorized Representative of the Applicant Consultant

per the terms of the RFP. In case the proposal is submitted on the

document down loaded from Official Website, the Applicant Consultant


36 | P a g e

t in the SSNNL approved Material Testing Laboratory or GERI /

2 only shall be considered as the

SSNNL shall reserve an express right to ask the TPI to

sum Prices quoted for all the items

SSNNL may reject the unreasonable and

Bidder is not

applicant who will be finally awarded the consultancy assignment shall


nd necessary


The Consultants are advised to refer the Detailed Tender Documents of Item


If not available or in case of any clarification

) / Chief Engineer (CPC) / respective


www.ssnnl.nprocure.com not later than the submission date shown in the

s shall also submit



Applicant Consultant as

the proposal is submitted on the








uploaded by the

caused in the content of the downloaded document. In case of any

discrepancy between the downloaded or photocopied version of the RFP

and the original RFP issued by the

2.16.2 The Proposal will be sealed in an outer envelope which will bear the

address of the Employer

Package No. as indicated

address of the Applicant Consultant

�Do not open, except in presence of the Authorised Person of the

If the envelope is not sealed and marked as instructed above, the

assumes no responsibility for the misplacement or premature opening of

the contents of the Proposal submitted and consequent losses, if any,

suffered by the Applicant Consultant

2.16.3 The aforesaid outer envelope will contain sealed

�Technical Proposal

contain:

(a) Application in the prescribed

to 13of Appendix

(ii) Bid security as specified in Clause 2.20.1

(iii) Tender (RFP document) fee in the form as specified in Chapter

downloaded version of document from official website of SSNNL

2.16.4 The Technical Proposal shall be typed or written in indelible ink and

signed by the Authorized

pages of the original Technical Proposal must be numbered and initialed

by the person or persons signing the Proposal.

2.16.5 The completed Proposal must be delivered on or before the specified

time on Proposal Due Date. Proposals subm

or e-mail shall not be entertained.

2.16.6 The Proposal shall be made in the Forms specified in this RFP. Any

uploaded by the SSNNL and shall ensure that there are no changes

ntent of the downloaded document. In case of any


and the original RFP issued by the SSNNL, the latter shall prevail.

The Proposal will be sealed in an outer envelope which will bear the

Employer, RFP Notice number, Consultancy name

as indicated in Clause 10.0 of Chapter 1 and the name and

Applicant Consultant. It shall bear on top, the following:

�Do not open, except in presence of the Authorised Person of the

If the envelope is not sealed and marked as instructed above, the


the Proposal submitted and consequent losses, if any,

Applicant Consultant.

The aforesaid outer envelope will contain sealed envelope; clearly

Technical Proposal� The envelope marked �Technical Proposal� shall

plication in the prescribed Form-1 of Appendix-I along with

Appendix-I and supporting documents; and

Bid security as specified in Clause 2.20.1

(iii) Tender (RFP document) fee in the form as specified in Chapter


The Technical Proposal shall be typed or written in indelible ink and

Authorized Representative of the Applicant Consultant


by the person or persons signing the Proposal.

The completed Proposal must be delivered on or before the specified

time on Proposal Due Date. Proposals submitted by fax, telex, telegram

mail shall not be entertained.

The Proposal shall be made in the Forms specified in this RFP. Any

37 | P a g e

and shall ensure that there are no changes

ntent of the downloaded document. In case of any


, the latter shall prevail.

The Proposal will be sealed in an outer envelope which will bear the

, RFP Notice number, Consultancy name with

and the name and

on top, the following:

�Do not open, except in presence of the Authorised Person of the SSNNL�

If the envelope is not sealed and marked as instructed above, the SSNNL


the Proposal submitted and consequent losses, if any,

clearly marked

envelope marked �Technical Proposal� shall

I along with Forms2

(iii) Tender (RFP document) fee in the form as specified in Chapter � 1 for


The Technical Proposal shall be typed or written in indelible ink and

Applicant Consultant. All


The completed Proposal must be delivered on or before the specified

itted by fax, telex, telegram

The Proposal shall be made in the Forms specified in this RFP. Any

attachment to such Forms must be provided on separate sheets of paper

and only information that is directly relevant should

may include photocopies of the relevant pages of printed documents. No

separate documents like printed annual statements, company brochures,

copy of contracts etc. will be entertained.

2.16.7 The rates quoted shall be firm throughout the period

the assignment upto and including acceptance of the Feasibility Report by

the SSNNL and discharge of all obligations of the Consultant under the

Agreement.

2.17 Proposal Due Date

2.17.1 Proposal should be submitted at or before 1

Date specified in

manner and form as detailed in this RFP. A receipt thereof should be

obtained from the person specified therein.

2.17.2 The SSNNL may, in its sole discretion, extend t

issuing an Addendum in accordance with Clause 2.11 uniformly for all


2.18 Late Proposals

Proposals received by the

Date shall not be eligible for consideration an

rejected.

2.19 Modification/ substitution/ withdrawal of Proposals


after submission, provided that written notice of the modification,

substitution, or withdrawa

Due Date. No Proposal shall be modified, substituted, or withdrawn by


2.19.2 The modification, substitution, or withdrawal notice shall be prepared,

sealed, marked, and delivered in accordance with Clause 2.16, with the

envelopes being additionally marked �MODIFICATION�, �SUBSTITUTION�

or �WITHDRAWAL�, as appropriate.

2.19.3 Any alteration / modification in the Proposal or additional information or


and only information that is directly relevant should be provided. This



copy of contracts etc. will be entertained.

The rates quoted shall be firm throughout the period of performance of


and discharge of all obligations of the Consultant under the

Proposal Due Date

Proposal should be submitted at or before 18:00 hrs on the Proposal Due

Chapter 1 at the address provided therein,


obtained from the person specified therein.

may, in its sole discretion, extend the Proposal Due Date by


Applicant Consultants.

Proposals received by the SSNNL after the specified time on Proposal Due

Date shall not be eligible for consideration and shall be summarily

Modification/ substitution/ withdrawal of Proposals

Applicant Consultant may modify, substitute, or withdraw its Proposal


substitution, or withdrawal is received by the SSNNL prior to Proposal


Applicant Consultant on or after the Proposal Due Date.

The modification, substitution, or withdrawal notice shall be prepared,

marked, and delivered in accordance with Clause 2.16, with the


or �WITHDRAWAL�, as appropriate.

Any alteration / modification in the Proposal or additional information or

38 | P a g e


be provided. This



of performance of


and discharge of all obligations of the Consultant under the

00 hrs on the Proposal Due

therein, in the


he Proposal Due Date by


after the specified time on Proposal Due

d shall be summarily

may modify, substitute, or withdraw its Proposal


prior to Proposal


The modification, substitution, or withdrawal notice shall be prepared,

marked, and delivered in accordance with Clause 2.16, with the


Any alteration / modification in the Proposal or additional information or

material supplied subsequent to the Proposal Due Date, unless the same

has been expressly sought for by the

2.20 Bid Security (EMD):

Consultant has to furnish, as part of its proposal, Bid

Deposit amounting to

Security (EMD) shall be given in

Limited for the valid period of not less than 180 (One hundred eighty) days and

shall be in any one of the following form:

(a) Bank Guarantee issued by any scheduled bank listed with the

Reserve Bank of India including co

the Finance Department in the Government of Gujarat/SSNNL in the

form prescribed in Annexure

Region only.

(b) A Fixed Deposit Receipt (FDR) issued by a scheduled bank

pledged in the

Notes:

1. Cheques /Demand Drafts shall not be accepted.

2. Proposal without

non-responsive.

3. EMD shall be forfeited if, (a) if they fail to furnish security of

performance, (b) if the consultant fails to sign the agreement within

ten days from the award, and (c) if the consultant

modifies his proposal before the expir

offer.

The Selected Applicant Consultant


Deliverables assigned to i

in accordance with the provisions thereof.

2.20.1 Any Bid not accompanied by the Bid Security shall be rejected by the

SSNNL as non-responsive.

2.20.2 The SSNNL shall not be liable to pay any interest on the Bid Security

the same shall be interest free.

subsequent to the Proposal Due Date, unless the same

has been expressly sought for by the SSNNL, shall be disregarded.

(EMD):

Consultant has to furnish, as part of its proposal, Bid Security/Earnest Money

Deposit amounting to Rs. 1, 00,000/- (i.e. Rupees One Lakhonly

Security (EMD) shall be given in favor of the� Sardar Sarovar Narmada Nigam

for the valid period of not less than 180 (One hundred eighty) days and

shall be in any one of the following form:

Bank Guarantee issued by any scheduled bank listed with the

Reserve Bank of India including co-operative banks and


form prescribed in Annexure-IV operable at its Branch in

Region only.(As per SSNNL Circular. Attached herewith).

A Fixed Deposit Receipt (FDR) issued by a scheduled bank

pledged in the name of the �Sardar Sarovar Narmada Nigam Limited�

Cheques /Demand Drafts shall not be accepted.

Proposal without submission of EMD shall be rejected and treated as

responsive.

EMD shall be forfeited if, (a) if they fail to furnish security of


ten days from the award, and (c) if the consultant withdraws or

modifies his proposal before the expiry of the validity (180 days) of

Applicant Consultant�s Bid Security shall be returned, upon

Applicant Consultant signing the Agreement and completing the

Deliverables assigned to it for the first 2 (two) months of the Consultancy

in accordance with the provisions thereof.

Any Bid not accompanied by the Bid Security shall be rejected by the

responsive.

shall not be liable to pay any interest on the Bid Security

the same shall be interest free.

39 | P a g e

subsequent to the Proposal Due Date, unless the same

, shall be disregarded.

Security/Earnest Money

Rupees One Lakhonly). The Bid

Sarovar Narmada Nigam

for the valid period of not less than 180 (One hundred eighty) days and

Bank Guarantee issued by any scheduled bank listed with the

and approved by


operable at its Branch in Gujarat

(As per SSNNL Circular. Attached herewith).

A Fixed Deposit Receipt (FDR) issued by a scheduled bank and

Sarovar Narmada Nigam Limited�

submission of EMD shall be rejected and treated as

EMD shall be forfeited if, (a) if they fail to furnish security of


withdraws or

of the validity (180 days) of

�s Bid Security shall be returned, upon

signing the Agreement and completing the

t for the first 2 (two) months of the Consultancy

Any Bid not accompanied by the Bid Security shall be rejected by the

shall not be liable to pay any interest on the Bid Security and

2.20.3 The Applicant Consultant, by submitting its Application pursuant to this

RFP, shall be deemed to have acknowledged that without prejudice to

the SSNNL�s any other right or remedy hereunder or in law or otherwise,

the Bid Security shall be forfeited and app

mutually agreed pre

SSNNL for, inter alia

the RFP including the consideration and evaluation of the Proposal under

the following conditions:

(a) If an Applicant Consultant

Practices specified in Section 4 of this RFP;

(b) If an Applicant Consultant

of its validity as specified in this RFP and as extended by the


(c) In the case of the Selected

Consultant fails to reconfirm its commitments during negotiations

as required vide Clause 2.24.1;

(d) In the case of a Selected

Consultant

assignment as specified in Clauses 2.28 and 2.29 respectively; or

(e) If the Applicant Consultant

as specified in Clause 2.3.

D. EVALUATION PROCE

2.21 Evaluation of Proposals

2.21.1 The SSNNL shall open the Proposals at 11

working day of Proposal Due Date, at the place specified and in the

presence of the

envelopes marked �Technical Proposal� shall be opened first.

�Financial Proposal� shall be

2.21.2 Proposals for which a notice of withdrawal has been submitted in

accordance with Clause 2.19 shall not

2.21.3 Prior to evaluation of Proposals, the

The Applicant Consultant, by submitting its Application pursuant to this



the Bid Security shall be forfeited and appropriated by the SSNNL as the

mutually agreed pre-estimated compensation and damage payable to the

inter alia, the time, cost and effort of the SSNNL in regard to


wing conditions:

Applicant Consultant engages in any of the Prohibited

Practices specified in Section 4 of this RFP;

Applicant Consultant withdraws its Proposal during the period


pplicant Consultant from time to time;

In the case of the Selected Applicant Consultant, if the

fails to reconfirm its commitments during negotiations

as required vide Clause 2.24.1;

In the case of a Selected Applicant Consultant, if the

fails to sign the Agreement or commence the


Applicant Consultant is found to have a Conflict of Interest

as specified in Clause 2.3.

EVALUATION PROCESS

2.21 Evaluation of Proposals

shall open the Proposals at 11:30 hours probably

Proposal Due Date, at the place specified and in the

presence of the Applicant Consultants who choose to attend. The

envelopes marked �Technical Proposal� shall be opened first.

�Financial Proposal� shall be opened online at a later date.

Proposals for which a notice of withdrawal has been submitted in

accordance with Clause 2.19 shall not be opened.

Prior to evaluation of Proposals, the SSNNL will determine whether each

40 | P a g e

The Applicant Consultant, by submitting its Application pursuant to this



ropriated by the SSNNL as the

estimated compensation and damage payable to the

, the time, cost and effort of the SSNNL in regard to


engages in any of the Prohibited

withdraws its Proposal during the period


, if the Applicant

fails to reconfirm its commitments during negotiations

, if the Applicant

fails to sign the Agreement or commence the


is found to have a Conflict of Interest

on the next

Proposal Due Date, at the place specified and in the

s who choose to attend. The

envelopes marked �Technical Proposal� shall be opened first. The

Proposals for which a notice of withdrawal has been submitted in

will determine whether each

Proposal is responsive to the requirements of the RFP. The

in its sole discretion, reject any Proposal that is not responsive

hereunder. A Proposal shall be cons

(a) the Technical Proposal is received in the form specified at

Appendix-I;

(b) it is received by the PDD including any extension thereof pursuant

to Clause 2.17;

(c) it is accompanied by the tender (RFP document) fee in the form as

specified in Chapter 1 for downloaded

from official website

(d) it is accompanied by the Bid Security

specified in Clause 2.20.1;

(e) it is signed, s

stipulated in Clauses 2.13 and 2.16;

(f) it is accompanied by the Power of Attorney as specified in Clause

2.2.4;

(g) it contains all the information (complete in all respects) as

requested in the RFP;

(h) it does not contain any condition or qualification; and

(i) it is not non-

2.21.4 The SSNNL reserves the right to reject any Proposal which is non

responsive and no request for alteration, modification, substitution or

withdrawal shall be entertained b

Proposals.

2.21.5 The SSNNL shall subsequently examine and evaluate Proposals in

accordance with the Selection Process specified at

and the criteria set out in Section 3 of this RFP.

2.21.6 After the technical evaluatio

qualified and shortlisted

opening of their Financial Proposals. A date, time and venue will be

notified to all Applicant Consultant

evaluation and opening of Financial Proposals. Before opening of the

Proposal is responsive to the requirements of the RFP. The SSNNL


hereunder. A Proposal shall be considered responsive only if

he Technical Proposal is received in the form specified at

t is received by the PDD including any extension thereof pursuant

to Clause 2.17;

it is accompanied by the tender (RFP document) fee in the form as

specified in Chapter 1 for downloaded version of the document

from official website

t is accompanied by the Bid Security/Earnest money deposit

specified in Clause 2.20.1;

t is signed, sealed, bound together in hard cover and marked as

stipulated in Clauses 2.13 and 2.16;

it is accompanied by the Power of Attorney as specified in Clause

it contains all the information (complete in all respects) as

requested in the RFP;

contain any condition or qualification; and

-responsive in terms hereof.

reserves the right to reject any Proposal which is non


withdrawal shall be entertained by the SSNNL in respect of such

shall subsequently examine and evaluate Proposals in

accordance with the Selection Process specified at Para 7 of Chapter 1

and the criteria set out in Section 3 of this RFP.

After the technical evaluation, the SSNNL shall prepare a list of pre

qualified and shortlisted Applicant Consultants in terms of Clause 3.2 for


Applicant Consultants for announcing the result of

uation and opening of Financial Proposals. Before opening of the

41 | P a g e

SSNNL may,


he Technical Proposal is received in the form specified at

t is received by the PDD including any extension thereof pursuant

it is accompanied by the tender (RFP document) fee in the form as

version of the document

/Earnest money deposit as

ealed, bound together in hard cover and marked as

it is accompanied by the Power of Attorney as specified in Clause

it contains all the information (complete in all respects) as

reserves the right to reject any Proposal which is non-


in respect of such

shall subsequently examine and evaluate Proposals in

Para 7 of Chapter 1

shall prepare a list of pre-

s in terms of Clause 3.2 for


s for announcing the result of

uation and opening of Financial Proposals. Before opening of the

Financial Proposals, the list of pre

Consultants along with their Technical Score will be read out. The opening

of Financial Proposals shall be done

any query or clarification from

any stage of the Selection Process. The financial evaluation and final

ranking of the Proposals shall be carried out in terms of Clauses 3.3 and

3.4.


discretion of the SSNNL

understood and agreed that no explanation or justification on any aspect

of the Selection Process or Selection

Any information contained in the Proposal shall not in any way be

construed as binding on the

assigns, but shall be binding against the

Consultancy is subsequently awarded to it.

2.22 Confidentiality

Information relating to the examination, clarification, evaluation, and

recommendation for the selection of

be disclosed to any person who is not officially concerned with the

process or is not a retained

in relation to matters arising out of, or concerning the Selection

Process. The SSNNL

the Proposal, in confidence and will require all those who have

access to such material to treat the same in confidence. The

may not divulge any such information unless it is directed to do so

by any statutory entity that has the power under law to require its

disclosure or is to enforce or assert any right or privilege of the

statutory entity and/or the

2.23 Clarifications

2.23.1 To facilitate evaluation of Proposals, the

discretion, seek clarifications from any

Financial Proposals, the list of pre-qualified and shortlisted

s along with their Technical Score will be read out. The opening

of Financial Proposals shall be done online. The SSNNL will not entertain

any query or clarification from Applicant Consultants who fail to qualify at



Applicant Consultants are advised that Selection will be entirely at the

SSNNL. Applicant Consultants will be deemed to have


of the Selection Process or Selection will be given.


construed as binding on the SSNNL, its agents, successors or

assigns, but shall be binding against the Applicant Consultant

Consultancy is subsequently awarded to it.


recommendation for the selection of Applicant Consultants shall not


process or is not a retained professional adviser advising the


SSNNL will treat all information, submitted as part of


access to such material to treat the same in confidence. The


statutory entity that has the power under law to require its


statutory entity and/or the SSNNL.

To facilitate evaluation of Proposals, the SSNNL may, at its sole

etion, seek clarifications from any Applicant Consultant regarding its

42 | P a g e

qualified and shortlisted Applicant

s along with their Technical Score will be read out. The opening

will not entertain

s who fail to qualify at



s are advised that Selection will be entirely at the

s will be deemed to have



, its agents, successors or

Applicant Consultant if the


s shall not


professional adviser advising the SSNNL


will treat all information, submitted as part of


access to such material to treat the same in confidence. The SSNNL


statutory entity that has the power under law to require its


may, at its sole

regarding its

Proposal. Such clarification(s) shall be provided within the time specified

by the SSNNL for this purpose. Any request for clarification(s) and all

clarification(s) in response thereto

2.23.2 If an Applicant Consultant

Clause 2.23.1 above within the specified time, its Proposal shall be liable

to be rejected. In case the Proposal is not rejected, the

proceed to evaluate

clarification to the best of its understanding, and the

shall be barred from subsequently questioning such interpretation of the

SSNNL.

E. APPOINTMENT OF CONSULTANT

2.24 Negotiations

2.24.1 The Selected Applicant Consultant

negotiations. The negotiations shall generally not be for reducing the price

of the Proposal, but will be for re

Consultant under this

understanding of the RFP, methodology and quality of the work plan shall

be discussed during negotiations.

Consultant fails to reconfirm its commitment, the

to designate the next ranked


2.24.2 The SSNNL will examine the CVs of all other Professional Personnel and

those not found suitable shall be replaced by the

the satisfaction of the

2.24.3 The SSNNL will examine the credentials of all Sub

for this Consultancy and those not found suitable shall be replaced by the


2.25 Substitution of Key Personnel

2.25.1 The SSNNL will not normally consider any request of the Selected




for this purpose. Any request for clarification(s) and all

clarification(s) in response thereto shall be in writing.

Applicant Consultant does not provide clarifications sought under


to be rejected. In case the Proposal is not rejected, the

proceed to evaluate the Proposal by construing the particulars requiring

clarification to the best of its understanding, and the Applicant Consultant


APPOINTMENT OF CONSULTANT

Applicant Consultant may, if necessary, be invited for


of the Proposal, but will be for re-confirming the obligations of the

Consultant under this RFP. Issues such as deployment of Key Personnel,


be discussed during negotiations. In case the Selected

fails to reconfirm its commitment, the SSNNL reserves the

to designate the next ranked Applicant Consultant as the Selected

Applicant Consultant and invite it for negotiations.

will examine the CVs of all other Professional Personnel and

those not found suitable shall be replaced by the Applicant Consultant

the satisfaction of the SSNNL.

will examine the credentials of all Sub-Consultants proposed


Applicant Consultant to the satisfaction of the SSNNL.

ion of Key Personnel

will not normally consider any request of the Selected

Applicant Consultant for substitution of Key Personnel as the ranking of

Applicant Consultant is based on the evaluation of Key Personnel and

43 | P a g e


for this purpose. Any request for clarification(s) and all

does not provide clarifications sought under


to be rejected. In case the Proposal is not rejected, the SSNNL may

the Proposal by construing the particulars requiring



may, if necessary, be invited for


confirming the obligations of the

RFP. Issues such as deployment of Key Personnel,


In case the Selected Applicant

reserves the right

as the Selected

will examine the CVs of all other Professional Personnel and

Consultant to

Consultants proposed


will not normally consider any request of the Selected

for substitution of Key Personnel as the ranking of

is based on the evaluation of Key Personnel and

any change therein may upset the ranking. Substitution will, however, be

permitted if the Key Personnel is not available for reasons of any

incapacity or due to health, subject to equally or better qualified and

experienced personnel being provided to the

2.25.2 The SSNNL expects all the Key Personnel to be available during

implementation of the Agreement. The

substitution of Key Personnel except for reasons of any incapacity or due

to health. Such substitution sh

Personnel subject to equally or better qualified and experienced personnel

being provided to the satisfaction of the

substitution, a sum equal to

specified for the original Key Personnel shall be deducted from the

payments due to the Consultant. In the case of a second substitution

hereunder, such deduction shall be

remuneration specified for the original Key Personnel. Any

substitution the deduction shall be in the increment of additional 5% (five

percent)per substitution of the

Personnel.

2.25.3 For extended period, maximum two substitution of Key personnel shall be

allowed without deduction.

2.25.4 Substitution of the Team Leader will not normally be considered and may

lead to disqualification of the

Agreement. However ,in special circumstances, SSNNL shall be allowed

after due consideration.

2.26 Indemnity

The Consultant shall, subject to the provisions of the Agreement,

indemnify the SSNNL

value of the Agreement for any direct loss or damage that is caused due

to any deficiency in services

2.27 Award of Consultancy




experienced personnel being provided to the satisfaction of the

expects all the Key Personnel to be available during

implementation of the Agreement. The SSNNL will not consider


to health. Such substitution shall ordinarily be limited to one Key


being provided to the satisfaction of the SSNNL. As a condition to such

substitution, a sum equal to 10% (ten per cent) of the remuneration

ified for the original Key Personnel shall be deducted from the


hereunder, such deduction shall be 20% (twenty per cent) of the

remuneration specified for the original Key Personnel. Any

the deduction shall be in the increment of additional 5% (five

percent)per substitution of the remuneration specified for the original Key

For extended period, maximum two substitution of Key personnel shall be

ut deduction.

Substitution of the Team Leader will not normally be considered and may

lead to disqualification of the Applicant Consultant or termination of the

. However ,in special circumstances, SSNNL shall be allowed

after due consideration.


SSNNL for an amount not exceeding 3 (three) times the


to any deficiency in services

Award of Consultancy

44 | P a g e




satisfaction of the SSNNL.

expects all the Key Personnel to be available during

will not consider


all ordinarily be limited to one Key


. As a condition to such

per cent) of the remuneration

ified for the original Key Personnel shall be deducted from the


per cent) of the

remuneration specified for the original Key Personnel. Any further

the deduction shall be in the increment of additional 5% (five

remuneration specified for the original Key

For extended period, maximum two substitution of Key personnel shall be

Substitution of the Team Leader will not normally be considered and may

or termination of the

. However ,in special circumstances, SSNNL shall be allowed


for an amount not exceeding 3 (three) times the


After selection, a Letter of Award (the �

by the SSNNL to the Selected


sign and return the duplicate copy of the LOA in acknowledgement

thereof. In the event the duplicate copy of the LOA duly signed by the

Selected Applicant Consultant

SSNNL may, unless it consents to extension of time for submission

thereof, appropriate the Bid Security of such

mutually agreed genuine pre

SSNNL on account of failure of the Sele

acknowledge the LOA, and the next highest ranking

may be considered.

2.28 Execution of Agreement

After acknowledgement of the LOA as aforesaid by the Selected

Consultant, it shall execute the Agre

than 15(Fifteen days).

entitled to seek any deviation in the Agreement.

2.29 Commencement of assignment

The Consultant shall commence the Services at the Project site within 7

(seven) days of the date of the Agreement, or such other date as may be

mutually agreed. If the Consultant fails to either sign the Agreement as

specified in Clause 2.28 or commence the assignment as specified herein,

the SSNNL may invite the second ranked

negotiations. In such an event, the Bid Security of the first ranked


with the provisions of Clause 2.20.4.

2.30 Proprietary data

Subject to the provisions of Cl

information provided by the

Consultant to the

SSNNL. Applicant Consultant

to treat all information as strictly confidential. The

After selection, a Letter of Award (the �LOA�) shall be issued, in duplicate,

to the Selected Applicant Consultant and the Selected

Applicant Consultant shall, within 7 (seven) days of the receipt of the LOA,



Applicant Consultant is not received by the stipulated

may, unless it consents to extension of time for submission

thereof, appropriate the Bid Security of such Applicant Consultant

mutually agreed genuine pre-estimated loss and damage suffered by the

on account of failure of the Selected Applicant Consultant

acknowledge the LOA, and the next highest ranking Applicant Consultant

may be considered.

Execution of Agreement

After acknowledgement of the LOA as aforesaid by the Selected

, it shall execute the Agreement within the period

than 15(Fifteen days).The Selected Applicant Consultant shall not be

entitled to seek any deviation in the Agreement.

Commencement of assignment


seven) days of the date of the Agreement, or such other date as may be



may invite the second ranked Applicant Consultant


Applicant Consultant shall be forfeited and appropriated in accordance

with the provisions of Clause 2.20.4.

Subject to the provisions of Clause 2.22, all documents and other

information provided by the SSNNL or submitted by an

to the SSNNL shall remain or become the property of the

Applicant Consultants and the Consultant, as the case may be, are

mation as strictly confidential. The SSNNL will not return

45 | P a g e

�) shall be issued, in duplicate,

and the Selected

shall, within 7 (seven) days of the receipt of the LOA,



is not received by the stipulated date, the

may, unless it consents to extension of time for submission

Applicant Consultant as

estimated loss and damage suffered by the

Applicant Consultant to


After acknowledgement of the LOA as aforesaid by the Selected Applicant

ement within the period not more

shall not be


seven) days of the date of the Agreement, or such other date as may be



Applicant Consultant for


shall be forfeited and appropriated in accordance

ause 2.22, all documents and other

or submitted by an Applicant

shall remain or become the property of the

s and the Consultant, as the case may be, are

will not return

any Proposal or any information related thereto. All information collected,

analysed, processed or in whatever manner provided by the Consultant to

the SSNNL in relation to the Consultancy shall be

SSNNL



in relation to the Consultancy shall be the property of the

46 | P a g e



the property of the

CRITERIA FOR

3.1 Evaluation of Technical Proposals

3.1.1 In the first stage, the Technical Proposal will be evaluated on the basis of

Applicant Consultant�s experience, its understanding of TOR, proposed

methodology and Work Plan, and the experience of Key Personnel. Only

those Applicant Consultants whose Techni

marks or more out of

be ranked from highest to the lowest on the basis of their technical score

(St). Only top three bidder

3.1.2 The scoring criteria to be used for evaluation shall be as follows:

Item

Code

Parameters

1 Relevant Experience of the


CHAPTER - 3

RITERIA FOR EVALUATION

3.1 Evaluation of Technical Proposals

In the first stage, the Technical Proposal will be evaluated on the basis of



those Applicant Consultants whose Technical Proposals get a score of

marks or more out of 250 shall qualify for further consideration, and shall


Only top three bidder�s financial proposal will be opened.

scoring criteria to be used for evaluation shall be as follows:

Max.

Marks

Criteria

Relevant Experience of the


100 100 marks for Consultant�s

experience in providing Project

Management Consultancy

Services for three or more

eligible assignments.

85 marks for Consultant�s



Services for Two or more

eligible assignments




Services for at least one eligible

assignments

47 | P a g e

In the first stage, the Technical Proposal will be evaluated on the basis of



cal Proposals get a score of 200

shall qualify for further consideration, and shall


s financial proposal will be opened.

scoring criteria to be used for evaluation shall be as follows:




three or more

eligible assignments.




Services for Two or more

eligible assignments




es for at least one eligible

Item

Code

Parameters

2 Annual Turn over

3 Proposed methodology and work plan

4 Relevant experience of the key

personnel

a. Team Leader 1 nos

b. Resident Engineer

c. Field Engineer (Quality)

3.1.3 Number of points to be assigned to each of the above positions shall be determined

considering the following three sub

1) General qualifications (general education, training, and experience):

i. Education

ii. Overall Experience

iii. Training

2) Adequacy for the Assignment:

i. Years of experience on similar projects

ii. Size and no. of similar projects

iii. Type & Quality of other projects

3) Years with the firm:

Year with the firm

4) Experience in region and language:

i. Experience in similar projects in similar

regions

ii. Proficiency in Hindi/Gujarati/English

Max.

Marks

Criteria

30 Torn over more than 50 Cr

Torn over more than 40 Cr



Proposed methodology and work plan 20 Evaluation will be based on the quality

of submissions

Relevant experience of the key

1 nos

Engineer 1 nos

Field Engineer (Quality) 4 nos�.

100

25

15

60

Marks shall be given as per the

qualification, experience,

Adequacy of assignments,

the firm and Experience in region

and language as detailed in

para3.1.3. If the no of key

personnel in each cadre is more

than one, the marks will be equally

divided among the cadre.

Total 250

of points to be assigned to each of the above positions shall be determined

considering the following three sub-criteria and relevant percentage weights:

1) General qualifications (general education, training, and experience):

Education : 10

Overall Experience : 15

Training : 5

2) Adequacy for the Assignment:

Years of experience on similar projects : 25

Size and no. of similar projects : 15

Type & Quality of other projects : 10

Year with the firm : 10

4) Experience in region and language:

Experience in similar projects in similar

: 5

Proficiency in Hindi/Gujarati/English : 5

Total weight: 100 %

48 | P a g e

Torn over more than 50 Cr- 30 Marks.

Torn over more than 40 Cr- 25 Marks.

Torn over more than 30 Cr- 20 Marks

Torn over more than 20 Cr- 10 Marks

Evaluation will be based on the quality

Marks shall be given as per the

qualification, experience, Training,

Adequacy of assignments, Years with

Experience in region

as detailed in

. If the no of key

personnel in each cadre is more

than one, the marks will be equally

divided among the cadre.

of points to be assigned to each of the above positions shall be determined

criteria and relevant percentage weights:

3.1.4 Eligible Assignments

For the purposes of

evaluating the Proposals under this RFP, advisory/ consultancy

assignments in respect of providing project management services as

detailed in the terms of reference and the scope of work, following

projects shall be deemed as eligible assignments (the �

Assignments�):

(i) The applicant consultant should have experience of

Inspection services ( TPI) (but not limited only to preparation of

feasibility report) for

work at least one single project having length of

(ii) The consultant should have

of workprojects for the total length of

Provided that the Applicant Consultant firm claiming cred

Assignment shall have, prior to PDD,

professional fees for such assignment, and where credit is being claimed

by a Key Personnel, she/he should have completed the relevant

assignment prior to PDD.

Provided further that if the Applicant Consultant firm is taking credit for

an Eligible Assignment which was undertaken for a

Govt/Public sector Organization(Boards ,Corporations of Govt),

assignment shall have been completed prior to PDD an

Consultant shall have received professional fees

behalf of Contractor shall not be considered.

3.1.5 The Applicant Consultant shall also produce authentic and valid

certificates from the clients, establishing their experience in similar

projects. The SSNNL may, at its own discretion, verify the veracity and

validity of the certificates produced by the Ap

Applicant Consultant shall also produce authentic and valid certificates

from the clients, establishing their experience in similar projects. Only

those similar projects whose valid completion certificate clearly stated date

Assignments

For the purposes of determining Conditions of Eligibility and for




all be deemed as eligible assignments (the �

The applicant consultant should have experience of Third Party


feasibility report) for National /state highway / M.D.R. /

work at least one single project having length of 25 km

The consultant should have also experience of the similar nature

for the total length of 180 km in last seven

Provided that the Applicant Consultant firm claiming credit for an Eligible

Assignment shall have, prior to PDD, fully completed and

fees for such assignment, and where credit is being claimed


assignment prior to PDD.

rther that if the Applicant Consultant firm is taking credit for

an Eligible Assignment which was undertaken for a Govt of India/ State

Govt/Public sector Organization(Boards ,Corporations of Govt),

assignment shall have been completed prior to PDD and the Applicant

Consultant shall have received professional fees. Projects undertaken on

behalf of Contractor shall not be considered.

The Applicant Consultant shall also produce authentic and valid



validity of the certificates produced by the Applicant Consultant. The




49 | P a g e

determining Conditions of Eligibility and for




all be deemed as eligible assignments (the �Eligible

Third Party


National /state highway / M.D.R. / O.D.R.

km.

experience of the similar nature

seven year.

it for an Eligible

fully completed and received

fees for such assignment, and where credit is being claimed


rther that if the Applicant Consultant firm is taking credit for

Govt of India/ State

Govt/Public sector Organization(Boards ,Corporations of Govt), such

d the Applicant

. Projects undertaken on

The Applicant Consultant shall also produce authentic and valid



plicant Consultant. The




of start, date of completion, Cost of the project, etc. attached with RFP

are considered for technical evaluation, However if any documents from

clients establishing about the information required which is true it shall be

considered.

3.2 Short-listing of A

The first three Applicant

Evaluation to be considered responsive for Financial Evaluation. If the

number of such pre

in its sole discretion, pre

less than 200but has

3.3 Evaluation of Financial Proposal

3.3.1 In the second stage, the financial

be opened, who are declared qualified on technical grounds. The date

and time of opening of the financial proposal shall be informed separately

to qualified Applicants.

3.3.2 For financial evaluation, the total cost indic

will be considered.

3.3.3 The SSNNL will determine whether the Financial Proposals are complete,

unqualified and unconditional. The cost indicated in the Financial

Proposal shall be deemed as final and reflecting the total cost of services.

Omissions, if any, in costing any item shall not entitle the firm to be

compensated and the liability to

within the total quoted price shall be that of the Consultant.

3.4 Combined and final evaluation

3.4.1 The lowest financial proposal inclusive of all taxes (

financial score (Sf) of 250 (two hundred fifty) points. The financial scores

(Sf) of other financial proposals will be computed as indicated in Data

Sheet. Proposals will be ranked according to their

and financial (Sf) scores using weights (T

t, date of completion, Cost of the project, etc. attached with RFP



listing of Applicant Consultants

Applicants whose score more than200 marks in Technical


number of such pre-qualified Applicants is less than two, the SSNNL may,

ion, pre-qualify the Applicant(s) whose technical score is

but has / have scored between175 to 200 marks

Evaluation of Financial Proposal

In the second stage, the financial proposals of top three Applicants shall


of opening of the financial proposal shall be informed separately

to qualified Applicants.

For financial evaluation, the total cost indicated in the Financial

will be considered.

The SSNNL will determine whether the Financial Proposals are complete,



if any, in costing any item shall not entitle the firm to be

compensated and the liability to fulfill its obligations as per the TOR

within the total quoted price shall be that of the Consultant.

Combined and final evaluation

al proposal inclusive of all taxes (Fm) will be given a

) of 250 (two hundred fifty) points. The financial scores

) of other financial proposals will be computed as indicated in Data

Sheet. Proposals will be ranked according to their combined technical (S

) scores using weights (TP= the weight given

50 | P a g e

t, date of completion, Cost of the project, etc. attached with RFP



marks in Technical


qualified Applicants is less than two, the SSNNL may,

qualify the Applicant(s) whose technical score is

marks.

Applicants shall


of opening of the financial proposal shall be informed separately

ated in the Financial Proposal

The SSNNL will determine whether the Financial Proposals are complete,



if any, in costing any item shall not entitle the firm to be

its obligations as per the TOR

) will be given a

) of 250 (two hundred fifty) points. The financial scores

) of other financial proposals will be computed as indicated in Data

combined technical (St)

weight given to the

technical proposal, F

Tp+Fp=1) indicated in the Data Sheet;

achieving the highest combined technical + financial score will be declared

as the first ranked Applicant and will be invited for negotiations.

3.4.2 The second ranked Applicant Consultant shall be kept in reserve and may

be invited for negotiations in case the first ranked Applicant Consultant

withdraws, or fails to comply with the requirements specified in Clauses

2.24, 2.28 and 2.29, as the case may be.

technical proposal, Fp= the weight given to the financial proposal;

=1) indicated in the Data Sheet; S=StX TP+ SfX Fp. The Applicant



The second ranked Applicant Consultant shall be kept in reserve and may

egotiations in case the first ranked Applicant Consultant


2.24, 2.28 and 2.29, as the case may be.

51 | P a g e

= the weight given to the financial proposal;

. The Applicant



The second ranked Applicant Consultant shall be kept in reserve and may

egotiations in case the first ranked Applicant Consultant


FRAUD

4.1 The Applicant Consultant and their respective

and advisers shall observe the highest standard of ethics during the

Selection Process. Notwithstanding anything to the contrary contained in

this RFP, the SSNNL shall reject a Proposal without being liable in any

manner whatsoever to the Applicant Consultants, if it determines that the

Applicant Consultants has, directly or indirectly or through an agent,

engaged in corrupt practice, fraudulent practice, coercive practice,

undesirable practice or restrictive practice (collective

Practices�) in the Selection Process. In such an event, the SSNNL shall,

without prejudice to its any other rights or remedies, forfeit and

appropriate the Bid Security or Performance Security, as the case may be,

as mutually agreed genuine pre

payable to the SSNNL for,

regard to the RFP, including consideration and evaluation of such

Applicant Consultant�s Proposal.

4.2 Without prejudice to the rights of the SSNNL under Clause 4.1

hereinabove and the rights and remedies which the SSNNL may have

under the LOA or the Agreement, if an Applicant Consultants or

Consultant, as the case may be, is found by the SSNNL to have directly or

indirectly or through an agent, engaged or indulged in a

practice, fraudulent practice, coercive practice, undesirable practice or

restrictive practice during the Selection Process, or after the issue of the

LOA or the execution of the Agreement, such Applicant Consultants or

Consultant shall not be e

by the SSNNL during a period of 2 (two) years from the date such

Applicant Consultants or Consultant, as the case may be, is found by the

SSNNL to have directly or through an agent, engaged or indulged in

CHAPTER 4

RAUD & CORRUPT PRACTICES

The Applicant Consultant and their respective officers, employees, agents




ver to the Applicant Consultants, if it determines that the



undesirable practice or restrictive practice (collectively the �

�) in the Selection Process. In such an event, the SSNNL shall,



as mutually agreed genuine pre-estimated compensation and damages

payable to the SSNNL for, inter alia, time, cost and effort of the SSNNL, in


Applicant Consultant�s Proposal.

Without prejudice to the rights of the SSNNL under Clause 4.1

reinabove and the rights and remedies which the SSNNL may have



indirectly or through an agent, engaged or indulged in a




Consultant shall not be eligible to participate in any tender or RFP issued



SSNNL to have directly or through an agent, engaged or indulged in

52 | P a g e

officers, employees, agents




ver to the Applicant Consultants, if it determines that the



ly the �Prohibited

�) in the Selection Process. In such an event, the SSNNL shall,



on and damages

time, cost and effort of the SSNNL, in


Without prejudice to the rights of the SSNNL under Clause 4.1

reinabove and the rights and remedies which the SSNNL may have



indirectly or through an agent, engaged or indulged in any corrupt




ligible to participate in any tender or RFP issued



SSNNL to have directly or through an agent, engaged or indulged in any

corrupt practice, fraudulent practice, coercive practice, undesirable

practice or restrictive practice, as the case may be.

4.3 For the purposes of this Section, the following terms shall have the

meaning hereinafter respectively assigned to them:

(a) �corrupt practice

soliciting, directly or indirectly, of anything of value to influence the

action of any person connected with the Selection Process (for

avoidance of doubt, offering of employment to or employing or

engaging in any manner whatsoever, directly or indirectly, any

official of the SSNNL who is or has been associated in any manner,

directly or indirectly with the Selection Process or the LOA or has

dealt with matters concerning the Agreement or arising th

before or after the execution thereof, at any time prior to the

expiry of one year from the date such official resigns or retires from

or otherwise ceases to be in the service of the SSNNL shall be

deemed to constitute influencing the actions of

with the Selection Process); or (ii) save as provided herein,

engaging in any manner whatsoever, whether during the Selection

Process or after the issue of the LOA or after the execution of the

Agreement, as the case may be, any person i

matter relating to the Project or the LOA or the Agreement, who at

any time has been or is a legal, financial or technical consultant/

adviser of the SSNNL in relation to any matter concerning the

Project;

(b) �fraudulent practice

facts or disclosure of incomplete facts, in order to influence the

Selection Process;

(c) �coercive practice

impair or harm, directly or indirectly, any persons or property to

influence any person�s participation or action in the Selection

Process;


practice or restrictive practice, as the case may be.

For the purposes of this Section, the following terms shall have the

meaning hereinafter respectively assigned to them:

t practice� means (i) the offering, giving, receiving, or







dealt with matters concerning the Agreement or arising th




deemed to constitute influencing the actions of a person connected




Agreement, as the case may be, any person in respect of any




fraudulent practice� means a misrepresentation or omission of


Selection Process;

coercive practice� means impairing or harming or threatening to


e any person�s participation or action in the Selection

53 | P a g e


For the purposes of this Section, the following terms shall have the

� means (i) the offering, giving, receiving, or







dealt with matters concerning the Agreement or arising there from,




a person connected




n respect of any




representation or omission of


� means impairing or harming or threatening to


e any person�s participation or action in the Selection

(d) �undesirable practice

person connected with or employed or engaged by the SSNNL with

the objective of canvassing, lobbying or in any manner influencin

or attempting to influence the Selection Process; or (ii) having a

Conflict of Interest; and

(e) �restrictive practice

understanding or arrangement among Applicant Consultant with

the objective of restricting or man

competition in the Selection Process.

undesirable practice� means (i) establishing contact with any


the objective of canvassing, lobbying or in any manner influencin


Conflict of Interest; and

restrictive practice� means forming a cartel or arriving at any


the objective of restricting or manipulating a full and fair

competition in the Selection Process.

54 | P a g e

� means (i) establishing contact with any


the objective of canvassing, lobbying or in any manner influencing


� means forming a cartel or arriving at any


ipulating a full and fair

PRE-PROPOSAL

5.1 Pre-proposal conference of the Applicants shall be convened at the

designated date, time and place. Only those Applicants, who have

purchased the RFP document or download the same from the official

website of SSNNL, shall be allowed to participate in the pre

conference. A maximum of two representatives of each Applicant shall be

allowed to participate on production of an Autho

Applicant.

5.2 During the course of pre

to seek clarifications and make suggestions for consideration of the

SSNNL. The SSNNL shall

further information as it may, in its sole discretion, consider appropriate

for facilitating a fair, transparent and competitive selection process.

5.3 The Selection Process shall be governed by, and construed in accordance

with, the laws of India and the Courts at

have exclusive jurisdiction over all disputes arising under, pursuant to

and/or in connection with the Selection Process

5.4 The SSNNL, in its sole discretion and without incurring any obligation or

liability, reserves the right, at any t

(a) suspend and/or cancel the Selection Process and/or amend and/or

supplement the Selection Process or modify the dates or other

terms and conditions relating thereto;

(b) consult with any Applicant consultant in order to receive

clarification or further

(c) retain any information and/or evidence submitted to the SSNNL by,

on behalf of and/or in relation to any Applicant consultant; and/or

(d) independently verify, disqualify, reject and/or accept any and all

CHAPTER 5

ROPOSAL CONFERENCE &MISCELLANEOUS

proposal conference of the Applicants shall be convened at the



website of SSNNL, shall be allowed to participate in the pre


allowed to participate on production of an Authority letter from the

During the course of pre-proposal conference, the Applicants will be free


SSNNL. The SSNNL shall endeavor to provide clarifications and such

ation as it may, in its sole discretion, consider appropriate


The Selection Process shall be governed by, and construed in accordance

with, the laws of India and the Courts at Gandhinagar/Ahmedabad


and/or in connection with the Selection Process.

The SSNNL, in its sole discretion and without incurring any obligation or

liability, reserves the right, at any time, to:

suspend and/or cancel the Selection Process and/or amend and/or


terms and conditions relating thereto;

consult with any Applicant consultant in order to receive

clarification or further information;

retain any information and/or evidence submitted to the SSNNL by,


independently verify, disqualify, reject and/or accept any and all

55 | P a g e

ISCELLANEOUS

proposal conference of the Applicants shall be convened at the



website of SSNNL, shall be allowed to participate in the pre-proposal


rity letter from the

proposal conference, the Applicants will be free


to provide clarifications and such

ation as it may, in its sole discretion, consider appropriate


The Selection Process shall be governed by, and construed in accordance

agar/Ahmedabad shall


The SSNNL, in its sole discretion and without incurring any obligation or

suspend and/or cancel the Selection Process and/or amend and/or


consult with any Applicant consultant in order to receive

retain any information and/or evidence submitted to the SSNNL by,


independently verify, disqualify, reject and/or accept any and all

submissions or other information and/or

on behalf of any Applicant consultant.

5.3 It shall be deemed that by submitting the Proposal, the Applicant

consultant agrees and releases the SSNNL, its employees, agents and

advisers, irrevocably, unconditionally, fully and finally

liability for claims, losses, damages, costs, expenses or liabilities in any

way related to or arising from the exercise of any rights and/or

performance of any obligations hereunder, pursuant hereto and/or in

connection herewith and waiv

have in this respect, whether actual or contingent, whether present or

future.

5.4 All documents and other information supplied by the SSNNL or submitted

by an Applicant consultant shall remain or become, as the case

the property of the SSNNL. The SSNNL will not return any submissions

made hereunder. Applicant consultants are required to treat all such

documents and information as strictly confidential.

5.5 The SSNNL reserves the right to make inquiries with any

listed by the Applicant consultants in their previous experience record

submissions or other information and/or evidence submitted by or

on behalf of any Applicant consultant.



advisers, irrevocably, unconditionally, fully and finally from any and all




connection herewith and waives any and all rights and/or claims it may


All documents and other information supplied by the SSNNL or submitted

by an Applicant consultant shall remain or become, as the case



documents and information as strictly confidential.

The SSNNL reserves the right to make inquiries with any of the clients


56 | P a g e

evidence submitted by or



from any and all




es any and all rights and/or claims it may


All documents and other information supplied by the SSNNL or submitted

by an Applicant consultant shall remain or become, as the case may be,



of the clients


SCHEDULE

TERMS OF REFERENCE

1. Project Package

SSNNL intends to appoint Project Manage

following Item Rate contract

in Gujarat.

Sr.

No.

Slice Name of Work

1.

1 Slice-1 Providing WBM Service Road,


WBM Roads and providing






Scope of Consulting Services

The Scope of Consulting Services shall include but not necessarily be

limited to the terms and conditions as defined hereon.

Work Programme

1. Interpretation of the General and Technical Specifications and Contract

Documents. While detailed design and drawings shall not be the

responsibility of the consultant, he shall be fully responsible to provide

operationally efficient and safe roadways wit

and safety features. He must ensure that drainage pattern of the area

should not be disturbed.

SCHEDULE � 1

TERMS OF REFERENCE (TOR)

ge:

SSNNL intends to appoint Project Management Consultants for the

ng Item Rate contract Package under Division located at

Name of Work Estimated

Tender

amount

Rs. In

Lacs

Name of

Division

3. 4. 5.









4736.56 N P Canal

Dn. No.15

Jambusar

f Consulting Services

Consulting Services shall include but not necessarily be

limited to the terms and conditions as defined hereon.

Work Programme

Interpretation of the General and Technical Specifications and Contract



operationally efficient and safe roadways within the constraints of site


should not be disturbed.

57 | P a g e

Consultants for the

Division located at Jambusar

Name of

Contract Period

6.

Dn. No.15

9 Months

Consulting Services shall include but not necessarily be

Interpretation of the General and Technical Specifications and Contract



hin the constraints of site


2. Prepare a project monitoring scheme (which will include technical,

physical and financial details), and finalize formats for repor

progress of works and procedures for expediting supply of materials

and equipments for construction in accordance with the technical

specifications and project time schedule.

3. Initial ground levels shall be taken in presence of the authorized

representatives of the construction contractor and SSNNL�s Engineer

in-Charge (EIC). The Consultant shall check and verify governing

ground levels and data relating to the site and its interface with the

designs and drawings supplied by SSNNL for implementation a

an expert opinion with regard to reaching a solution in case of these

are significant variations in these levels, data, site conditions or

otherwise.

4. To set out on the ground the alignment of the road and other works as

per the standard engineerin

data provided in the approved construction drawings.

5. Examine and chek the flow chart of earthwork every month and ensure

that all the quantity of useful soil/rock met with during execution of

work is utilized on f

minimum with minimum lead. The Consultant shall report to the EIC

any discrepancy and any irregularity found in the flow chart.

Quality of Materials and Works

6. Evolve and implement a quality assurance plan for t

comprising of methods and criteria for sampling, acceptance, testing,

quality control measures etc. based on

methods, relevant standards as well as international practices during

and after execution of work to ens

standards and consistency in quality.

Prepare a project monitoring scheme (which will include technical,

physical and financial details), and finalize formats for repor



specifications and project time schedule.

Initial ground levels shall be taken in presence of the authorized

tatives of the construction contractor and SSNNL�s Engineer

Charge (EIC). The Consultant shall check and verify governing


designs and drawings supplied by SSNNL for implementation a



To set out on the ground the alignment of the road and other works as

per the standard engineering practices based on the dimensions and

data provided in the approved construction drawings.

Examine and chek the flow chart of earthwork every month and ensure


work is utilized on field and borrow area quantity should be the



Quality of Materials and Works

Evolve and implement a quality assurance plan for t


quality control measures etc. based on tender specification, statistical


and after execution of work to ensure required compliance with

standards and consistency in quality.

58 | P a g e

Prepare a project monitoring scheme (which will include technical,

physical and financial details), and finalize formats for reporting



Initial ground levels shall be taken in presence of the authorized

tatives of the construction contractor and SSNNL�s Engineer-

Charge (EIC). The Consultant shall check and verify governing


designs and drawings supplied by SSNNL for implementation and give



To set out on the ground the alignment of the road and other works as

g practices based on the dimensions and

Examine and chek the flow chart of earthwork every month and ensure


ield and borrow area quantity should be the



Evolve and implement a quality assurance plan for the works


ender specification, statistical


ure required compliance with

7. Inspect the performance of works with regard to workmanship and

compliance with the specification / order, supervise and perform field

tests on materials and / or work and approve / disapp

material / equipment of Contractor and ensure removal of disapproved

works / materials / equipments from the site immediately, after

consultation with the concerned Engineer

8. In the event any material or item of work is found to

and unacceptable, the Consultant shall intimate the Engineer

Charge for initiating actions so that such cases do not recur.

9. The Consultant shall make quality surveillance of all activities from

engineering, survey, construction upto fi

commissioning during execution of the works. The Consultant will also

certify quantity of material /equipment used in the work. If during

field testing of works the quality / quantity of Material / Equipment is

suspected to be infer

will be reported to the concerned officers like the Employer, the

respective EIC for the project who, in turn, shall get the testing done

at any of the recognized testing laboratory in presence of contracto

vendor or his representative. Such material / equipment shall not be

used by in the execution of works.

10. The consultant shall witness all the tests

the contractor as per Quality Assurance plan for quality control in

accordance with tender specification. He shall also undertake 10%

additional random representative sample checks (in addition to

mentioned hereinabove)

representatives of contractor and EIC. The consultant shall establish

his own laboratory or use laboratories of SSNNL/GERI / Engineering

Colleges performing desired tests.

Inspect the performance of works with regard to workmanship and


tests on materials and / or work and approve / disapprove the work /



consultation with the concerned Engineer-in-Charge.

In the event any material or item of work is found to be substandard

and unacceptable, the Consultant shall intimate the Engineer


The Consultant shall make quality surveillance of all activities from

engineering, survey, construction upto final field testing and




suspected to be inferior or less than what was supposed to be used, it



at any of the recognized testing laboratory in presence of contracto


used by in the execution of works.

The consultant shall witness all the tests (100%) being carried out by


nce with tender specification. He shall also undertake 10%


mentioned hereinabove) independently in presence of authorized



Colleges performing desired tests.

59 | P a g e

Inspect the performance of works with regard to workmanship and


rove the work /



be substandard

and unacceptable, the Consultant shall intimate the Engineer �in-


The Consultant shall make quality surveillance of all activities from

nal field testing and




ior or less than what was supposed to be used, it



at any of the recognized testing laboratory in presence of contractor /


being carried out by


nce with tender specification. He shall also undertake 10%


independently in presence of authorized



11. The Consultant shall witness contractor�s concrete / asphalt mix design

and ensure that the cement / bitumen is in conformity with the

relevant IS codes

12. The consultant will witness calibration of testing equipments of

contractor as per standard frequency specified in relevant BIS / tender

specification / standard practices. The consultant shall also witness and

inspect the calibration of computerized batching and mixing plants

regularly and report any discrepancy to the EIC.

13. The Consultant shall check all the records required to be maintained as

per quality assurance program of the contractor periodically.

Specifically consultant will check cement / asphalt consumption register

with physical balance of respective materials every 15 days and shall

report to EIC of any discrepancy noticed or found and also incorporate

such incident in his reports.

14. The consultant w

adequate curing in accordance with contract / IS specifications is done

by the contractors.

15. The consultant shall also furnish EIC with the summary of quality

control test results of all materials used i

of work and OK cards as prescribed by SSNNL and furnish a QC

certificate (regarding quality of material, workmanship and

performance) and issue No Objection Certificate (NOC) with

recommendation for payment along with each

contractor.

Certification of Work Completion

Consultant shall have to ensure Certification of Work Completion within

seven (7) days after submission of the bill by the contractor in addition to

undertaking following activities

The Consultant shall witness contractor�s concrete / asphalt mix design


relevant IS codes or any applicable engineering standards.

The consultant will witness calibration of testing equipments of




regularly and report any discrepancy to the EIC.

The Consultant shall check all the records required to be maintained as


fically consultant will check cement / asphalt consumption register



such incident in his reports.

The consultant will review curing arrangements and will ensure that


by the contractors.

The consultant shall also furnish EIC with the summary of quality

control test results of all materials used in construction in each activity




recommendation for payment along with each invoice / R.A. bill

Certification of Work Completion



undertaking following activities.

60 | P a g e

The Consultant shall witness contractor�s concrete / asphalt mix design


The consultant will witness calibration of testing equipments of




The Consultant shall check all the records required to be maintained as


fically consultant will check cement / asphalt consumption register



ill review curing arrangements and will ensure that


The consultant shall also furnish EIC with the summary of quality

n construction in each activity




R.A. bill of the



16. Upon receipt of notice of completion from the Contractor, inspect the

works and inform Contractor and Employer, in writing, items needing

rectification for completion.

17. Before the issuance of the certificate of completion specify and

supervises any remedial works to be carried out and recommend the

same upon completion. The inspection should be carried out with

representative of the Employer.

18. Shall carry out final inspection of the completed section including the

test on completion.

19. Prepare Certificate of Completion stating date(2) from which the defect

liability period of supply and installation work shall commence.

20. Ensure that all post

quantities that may arise thereof are furnished / submit

Reporting Requirements

1.16 Inception R

with a construction supervision manual in 5 copies each shall be

submitted by the Consultant within 30 days of commencement of

services. The commencement report shall contain the details of all

meetings held wit

taken therein, the resources mobilized by the Consultants as well as

the Contractor and the Consultants� perception in the management

and supervision of the project with detailed situational analysis of

the current structure. The report shall also include the master work

programme and resource mobilization plan for the project. The

primary objective of the supervision manual will be to evolve

guidelines for administration, supervision and management of the

project. Such a manual is not intended to be a contractual

document, nor is it to take precedence over the specifications. The

manual will merely act as a guide and reference to the various staff

Upon receipt of notice of completion from the Contractor, inspect the


rectification for completion.

Before the issuance of the certificate of completion specify and

remedial works to be carried out and recommend the


representative of the Employer.

Shall carry out final inspection of the completed section including the

test on completion.

Certificate of Completion stating date(2) from which the defect


. Ensure that all post-construction (as built) drawings and bills of

quantities that may arise thereof are furnished / submitted.

Reporting Requirements

Report: An inception / commencement report along




meetings held with the Employer and the Contractor and decisions




urrent structure. The report shall also include the master work




roject. Such a manual is not intended to be a contractual



61 | P a g e

Upon receipt of notice of completion from the Contractor, inspect the


Before the issuance of the certificate of completion specify and

remedial works to be carried out and recommend the


Shall carry out final inspection of the completed section including the

Certificate of Completion stating date(2) from which the defect


construction (as built) drawings and bills of

ted.

: An inception / commencement report along




h the Employer and the Contractor and decisions




urrent structure. The report shall also include the master work




roject. Such a manual is not intended to be a contractual



of the Consultant in discharging their duties in a smooth a

systematic manner.

1.17 The Consultant shall be required to:

(a) Prepare all reporting formats relating to the project, in which the

progress of the works, material supply, performance of the

contractor etc. shall be monitored and getting them approved by

the Employer. / EIC

(b) Certify the achievement of the contractual milestones, and the

satisfactory quality of the progress, in line with the progress

milestone laid down in the Contract.

1.18 The progress reports submitted by the Consultant should clearly

indicate the contractor�s performance, quality of work, and giving

recommendation for action.

1.19 Fortnightly physical progress report:

The consultant will submit fortnightly physical progress report on

the first day of the 1

1.20 Monthly progr

Monthly progress report shall be submitted to the Employer and it

shall be brief and concise and provide means of closely monitoring

project progress and shall cover the following.

(a) Main activities undertaken and events for the period

under

(b) Report on the activities of the c

staff including the report of

representative sample checks

TOR.

(c) Monitoring and evaluation of project progress.

(d) Photographs show

of the Consultant in discharging their duties in a smooth a

systematic manner.

The Consultant shall be required to:

Prepare all reporting formats relating to the project, in which the



Employer. / EIC

Certify the achievement of the contractual milestones, and the


milestone laid down in the Contract.

The progress reports submitted by the Consultant should clearly

e contractor�s performance, quality of work, and giving

recommendation for action.

Fortnightly physical progress report:


the first day of the 1st and 3

rd week of every month.

Monthly progress report:



project progress and shall cover the following.

Main activities undertaken and events for the period

under review and progress.

Report on the activities of the contractor and supervision

staff including the report of 10% additional random

representative sample checks as laid down in para 21 of

TOR.

Monitoring and evaluation of project progress.

Photographs showing progress of the works.

62 | P a g e

of the Consultant in discharging their duties in a smooth and

Prepare all reporting formats relating to the project, in which the



Certify the achievement of the contractual milestones, and the


The progress reports submitted by the Consultant should clearly

e contractor�s performance, quality of work, and giving




Main activities undertaken and events for the period

ontractor and supervision

10% additional random

as laid down in para 21 of

Monitoring and evaluation of project progress.

(e) Other issues as may be necessary to provide additional

information to the Employer.

1.21 Monthly progress Report will be prepared at the end of each

calendar month and delivered in the 1

3 copies.

1.22 Quarterly p

A detailed quarterly report in 3 copies shall be submitted within

15 days of the end of each quarter. Quarterly report should

include description of project activities, illustrated by pr

completion photographs

quarterly) shall contain details of all meetings, decisions taken

therein.

1.23 Final Report :

A detailed Contract Completion / Final Report in 3 copies is to be

submitted to the Employer. The Consultant will prepare a

comprehensive final completion report of the construction

contract package within 3 months of completion of the work.

The report shall incorporate summary of the method of

construction, the construction supervision performed, problems

encountered and solu

recommendations for future projects of similar nature to be

undertaken by the employer. The consultant shall submit the

self appraisal report within the prescribed time summarizing the

following details.

(a) Details of Personnel

the assignment.

(b) Details of Quality Assurance System.

(c) Quality observed at site by the consultant.

Other issues as may be necessary to provide additional

information to the Employer.

Monthly progress Report will be prepared at the end of each

calendar month and delivered in the 1st week of every month in

Quarterly progress report with presentation:



include description of project activities, illustrated by pr

completion photographs. The progress reports (monthly and


Final Report :







encountered and solutions undertaken thereon and




following details.

Details of Personnel including substitution made during

the assignment.

Details of Quality Assurance System.

Quality observed at site by the consultant.

63 | P a g e

Other issues as may be necessary to provide additional

Monthly progress Report will be prepared at the end of each

week of every month in



include description of project activities, illustrated by progress /

The progress reports (monthly and








tions undertaken thereon and




including substitution made during

(d) Special preventive measures for maintenance suggested

by the Consultant.

1.24 A Maintenance manual, detailing routine and periodi

maintenance tasks that will be required to maintain the

completed project shall also have to be prepared and submitted

by the Consultant. Draft copies of this manual should be

submitted for comments to the Employer within 12 months of

commencing service

Staffing Schedule:

1.25 The Consultant will engage the minimum staff as detailed in

Table 1 below. The qualification, experience and task

assignment of the staff will be in accordance with Annexure

attached herewith.

1.26 The same team given in technical propo

employed on the work.

1.27 The period of construction of works contract shall be

indicated below

the Supervision Team will be as given in Table1

Table 1:DEPLOYMENT OF KEY PERSONNEL FOR THE

Sr.

No.

Designation

1 Team Leader

2 Resident Engineer

3 Field Engineer

(Quality)

5 Total

(a) A Defect Liability Period of 24 months

proposed.

Special preventive measures for maintenance suggested

by the Consultant.

A Maintenance manual, detailing routine and periodi





commencing services.

Staffing Schedule:

The Consultant will engage the minimum staff as detailed in



attached herewith.

The same team given in technical proposal will have to be

employed on the work.

The period of construction of works contract shall be

indicated below.The composition and duration for Services for

the Supervision Team will be as given in Table1.

EY PERSONNEL FOR THE PACKAGES ARE AS UNDER

Designation Package-1 Man Months

Team Leader 1 09

Engineer 1 09

Field Engineer

4 09

6

t Liability Period of 24 months as per the arrangement

proposed. However, during defect liability period the consultant

64 | P a g e

Special preventive measures for maintenance suggested

A Maintenance manual, detailing routine and periodic





The Consultant will engage the minimum staff as detailed in



sal will have to be

The period of construction of works contract shall be as

The composition and duration for Services for

CKAGES ARE AS UNDER.

Man Months

as per the arrangement

However, during defect liability period the consultant

shall have to make available

proposed team

by the employer/EIC.

computed solely on the ba

specified in the financial proposal.

reimbursed

1.28 After award of the contact the Employer expects all the

proposed key personnel to be available during implementation

of the contract as per agreed staffing schedule. The Employer

will not ordinarily consider substitutions during contract

implementation except under compelling circumstances (such as

death and / or extreme nature of ailment for which Medical

Certificate shal

case of such replacements, the Consultant will ensure that there

is a reasonable period and procedure of handover between the

staff to be replaced and the replacement wherever feasible /

possible.

Facilities to be provided by the Consultant

1.29 The Consultant shall be required to maintain a Head Office for

the Team leader in

suitable. This office should be easily accessible and located

near the head office of the Employer

responsible for maintaining one office each for the Resident

Engineers at their respective locations. All required furniture,

hardware, software, internet / phone connections, office

stationary etc. shall be provided by the Consult

The Consultant should bear these costs in mind while preparing

his financial proposal.

1.30 In addition, the consultants shall make their own arrangements

for transport (Vehicle) at the work project site. The consultant

shall have to make available only those members out of the

proposed team, whose services are requested for the purpose

by the employer/EIC. The payments to such staff shall be

computed solely on the basis of relevant man

specified in the financial proposal. Transport expenses shall be

reimbursed in addition, as peractuals.

After award of the contact the Employer expects all the


the contract as per agreed staffing schedule. The Employer




Certificate shall be produced from Hospital / Nursing Home). In




s to be provided by the Consultant

The Consultant shall be required to maintain a Head Office for

the Team leader in Jambusar or any other places which is

. This office should be easily accessible and located

near the head office of the Employer/EIC. He shall also be




stationary etc. shall be provided by the Consultant in this office.


his financial proposal.

In addition, the consultants shall make their own arrangements


65 | P a g e

only those members out of the

whose services are requested for the purpose

payments to such staff shall be

sis of relevant man-day rates

Transport expenses shall be

After award of the contact the Employer expects all the


the contract as per agreed staffing schedule. The Employer




l be produced from Hospital / Nursing Home). In




The Consultant shall be required to maintain a Head Office for

or any other places which is

. This office should be easily accessible and located

. He shall also be




ant in this office.


In addition, the consultants shall make their own arrangements


shall compulsorily

below:

(a) Team Leader

(b) Field Engineer

1.31 The consultants shall give details in the Technical Proposal and

its costs shall be included in the financial proposal

facilities, equipment (engineering and office), transport,

computer hardware and peripherals, computer software,

communication system (telephone, fax, email / internet) and

support staff which they consider to carry out the services.

Qualifying criteria and Task Assignment for key Personnel

Team Leader.

1.32 An experienced Highway Civil Engineer shall be the Project

Manager and act as Team Leader responsible for the overall

performance and administration of the Consultants Team. The

Team Leader will also act as the Consultant�s Representative for

the Employer

contractor and shall be overall in charge for the Consultants�

Supervision Team for the entire work.

Team Leader will not be allowed. In exceptional circumstances,

consultant will h

CV of the proposed substitute and assigning complete reasons

for change.

before effecting any change.

Leader shall be

Engineer /

advance. The major tasks for the Team Leader shall include but

not be limited to the following:

(a) Establishment of Site Offices.

shall compulsorily provide transport facility to team members as

Team Leader/Resident Engineer : 1 Jeep

Field Engineer : 1Motorcycle for each

The consultants shall give details in the Technical Proposal and

its costs shall be included in the financial proposal





ing criteria and Task Assignment for key Personnel

An experienced Highway Civil Engineer shall be the Project




the Employer and the Employer�s representative for the works


Supervision Team for the entire work. Normally replacement of


consultant will have to directly request Employer with complete


for change. Written approval of employer will be

before effecting any change. The headquarters of the Team

Leader shall be Jambusarand he will keep Superintending

Engineer / EIC informed of his tour program one week in


not be limited to the following:

Establishment of Site Offices.

66 | P a g e

provide transport facility to team members as

1Motorcycle for each/Jeep

The consultants shall give details in the Technical Proposal and

including all





ing criteria and Task Assignment for key Personnel

An experienced Highway Civil Engineer shall be the Project




and the Employer�s representative for the works


Normally replacement of


ave to directly request Employer with complete


will be necessary

headquarters of the Team

will keep Superintending

informed of his tour program one week in


(b) Assist the Employer with the Review of the

securities, insurance and safety plans.

(c) Scrutiny the Contractors� work programme, and scheme

for the deployment of plant, equipment and machinery

for approval of the EIC.

(d) Assist the Employer / Superintending Engineer in the

Interpretation of p

and technical specification.

(e) Assist the Employer / Superintending Engineer in handing

over the site and issuing order to commence the works.

(f) Regular supervision of works.

(g) Evolve and implement quantity and quality control

procedures

(h) Evolve criteria for the acceptance of works

(i) Verify and certify Contractors� Interim Certificate for

approval of the Superintending Engineer

(j) Assist Superintending Engineer/EIC in conducting

monthly progress meetings;

(k) Performing completion inspec

(l) Verify and Certify Contractors� Statements at completion;

(m) Prepare Work Project Completion of each work

(n) Liaise with the Employer

EIC in all matter concerning the works;

1.33 The essential qualification and experience for the

as under:

(a) Education:

from a recognized University / Institu

qualifications and training in Construction Management /

Quality Control of High

Assist the Employer with the Review of the

securities, insurance and safety plans.

Scrutiny the Contractors� work programme, and scheme


for approval of the EIC.

Assist the Employer / Superintending Engineer in the

Interpretation of provisions in the Contract documents

and technical specification.

Assist the Employer / Superintending Engineer in handing


Regular supervision of works.

Evolve and implement quantity and quality control

procedures

Evolve criteria for the acceptance of works

Verify and certify Contractors� Interim Certificate for

approval of the Superintending Engineer

Assist Superintending Engineer/EIC in conducting

monthly progress meetings;

Performing completion inspections;

Verify and Certify Contractors� Statements at completion;

Prepare Work Project Completion of each work

Liaise with the Employer and Superintending Engineer /

EIC in all matter concerning the works;

The essential qualification and experience for the Candidate are

as under:

Education: Should be a Graduate in Civil Engineering

from a recognized University / Institut


Quality Control of Highway Works will be preferable).

67 | P a g e

Assist the Employer with the Review of the Contractors�

Scrutiny the Contractors� work programme, and scheme


Assist the Employer / Superintending Engineer in the

rovisions in the Contract documents

Assist the Employer / Superintending Engineer in handing


Evolve and implement quantity and quality control

Verify and certify Contractors� Interim Certificate for

Assist Superintending Engineer/EIC in conducting

Verify and Certify Contractors� Statements at completion;

Prepare Work Project Completion of each work

Superintending Engineer /

Candidate are

Should be a Graduate in Civil Engineering

tion (higher


Works will be preferable).

(b) Members

Professional Society

preferable.

(c) Experience:

years experience of Civil Engineering works out of w

five

preparation,

Highway Projects

works as Project Engineer / Resident Engineer / Executive

Engineer of the Construction Supervis

have led a

assignment.

(d) The candidate (Team Leader) should have sound health so

as to perform his duties for the task assigned to him.

(e) The Team Leader shall be responsible for all technical

presentations concerning the various facets of the

construction of works and shall maintain close

communication with Employer / Superintending Engineer

/ EIC

Representative and shall interact with SSNNL on behalf of

the Consultant appointed for the services. Team Leader

shall be full time on the job.

(f)

Resident Engineer (RE)

1.38 An experienced Resident Engineer will be required for

monitoring and su

The candidate should have sound health so as to perform his

duties for the task assigned to him. No replacement of RE will

be permissible without prior approval of the

major tasks to be carried o

limited to the following.

Membership/ Training: Membership of a recognized

Professional Society / training in the relevant field

preferable.

Experience: Should have a minimum of

years experience of Civil Engineering works out of w

five (5) years should be in the field of Planning, Project

preparation, design and Construction of National /State

Highway Projects and he must have supervised similar


Engineer of the Construction Supervision Team.

have led a TPI assignment for minimum one (1) eligible

assignment.







EIC. Team Leader shall be the Consultant�s



shall be full time on the job.

Resident Engineer (RE)

An experienced Resident Engineer will be required for

monitoring and supervision of construction works as a whole.



be permissible without prior approval of the employer

major tasks to be carried out by the RE shall include but not be

limited to the following.

68 | P a g e

Membership of a recognized

/ training in the relevant field will be

Should have a minimum of fifteen (15)

years experience of Civil Engineering works out of which

) years should be in the field of Planning, Project

esign and Construction of National /State

e must have supervised similar


ion Team. He must

assignment for minimum one (1) eligible







s Authorized



An experienced Resident Engineer will be required for

pervision of construction works as a whole.



employer. The

ut by the RE shall include but not be

(a) Supervision of works: All concreting works and

bituminous should be done in his or Field Engineering

presence only.

(b) Keep proper records of the Contractors� activities and

work

(c) Ensure that the respective Contractor(s) are properly

admin

(d) Assist the team Leader with the review of the

Work

plant, equipment and machinery:

(e) Assisting the Team Leader

up quantity and quality control procedures and review of

contractors� method of construction;

(f )

alignment of roads, inspection of works, acceptance / rejection

of the co

(g) Conducting and keeping record of minutes of the weekly

site meetings;

(h) Preparing monthly Progress Reports

(i) Final inspection of works

(j) Verification of Contractors� Statement at completion;

1.38.1 The essential qualification and

under:

(a) Education:

the recognized University / Institu

of experience (higher qualifications and training in

Construction Management / Quality Con

preferable).

(b) Experience:

experience of Civil Engineering Works out of which

years should be in the field of Construction of Highways

Projects

Supervision of works: All concreting works and


presence only.

Keep proper records of the Contractors� activities and

work progress;

Ensure that the respective Contractor(s) are properly

administered.

(d) Assist the team Leader with the review of the

Work Programme and scheme for the deployment of

plant, equipment and machinery:

ssisting the Team Leader with updating drawings, setting


contractors� method of construction;

Quality Control of works including but not limited


of the completed works;

Conducting and keeping record of minutes of the weekly

site meetings;

Preparing monthly Progress Reports

Final inspection of works

Verification of Contractors� Statement at completion;

The essential qualification and experience for the Candidate are as

Education: Should be a Graduate in Civil Engineering from

the recognized University / Institution with seven (


Construction Management / Quality Control of works will be

preferable).

Experience: Should have a minimum seven (

experience of Civil Engineering Works out of which


Projects and he must have supervised similar highw

69 | P a g e

Supervision of works: All concreting works and


Keep proper records of the Contractors� activities and

Ensure that the respective Contractor(s) are properly

(d) Assist the team Leader with the review of the Contractors�

Programme and scheme for the deployment of

with updating drawings, setting


Quality Control of works including but not limited


Conducting and keeping record of minutes of the weekly

Verification of Contractors� Statement at completion;

experience for the Candidate are as

Should be a Graduate in Civil Engineering from

seven (7) years


trol of works will be

seven (7)years

experience of Civil Engineering Works out of which three (3)


similar highway works

projects in the capacity of Project Engineer / Resident

Engineer / Assistant Resident Engineer of the Construction

Supervision Team.

Engineer/Resident Engineer on minimum one (1) eligible

assignment.

Field Engineer (Quality

1.39 The Field Engineer (FE

Leader and the Resident Engineer and their task shall be defined

by the Team Leader. However the essential qualification and

experience for the candidates are as under:

(a) Educatio

Engineering from a recognized University / Institu

(a) Experience:

years in case of

case of

construction of highways.

quality control engineer on minimum one (1) eligible

assignment.

(b) The candidate (FE) should have sound health so as to

perform his duties for the task assigned to him. No

replacem

prior approval of



Supervision Team. He must have worked as a Project


assignment.

Quality)

The Field Engineer (FE-Quality) shall be responsible to the Team



experience for the candidates are as under:

Education: Should be a Graduate / Diploma in Civil

Engineering from a recognized University / Institu

Experience: Should have a minimum experience of

years in case of a graduate civil engineer or ten (

case of a diploma holder in quality control supervision of

construction of highways. He should have worked as a


assignment.

The candidate (FE) should have sound health so as to


replacement of Field Engineer will be permissible without

prior approval of employer/EIC.

70 | P a g e



He must have worked as a Project


Quality) shall be responsible to the Team



Should be a Graduate / Diploma in Civil

Engineering from a recognized University / Institution.

Should have a minimum experience of five (5)

(10) years in

control supervision of

He should have worked as a


The candidate (FE) should have sound health so as to


ent of Field Engineer will be permissible without

FORMS FOR CONSULTANT

1. The consultant shall correctly fill up and provide, signed and certified

information for the following in the forms attached herewith.

Form � 1: Technical Proposal Submission Form

Form � 2: Particulars of the Applicant

Form � 3: Statement of

Form � 4: Power of Attorney

Form � 5: Financial Capacity of the Applicant

Form � 6: Particulars of Key Personnel

Form � 7: Proposed Methodology and Work Plan

Form � 8: Abstract of Eligible Assignments of the Applicant

Form � 9: Abstract of

Form � 10: Eligible Assignments of Applicant

Form � 11: Eligible Assignments of Key Personnel

Form � 12: CV of Key Personnel

Form � 13: Deployment of Personnel

These forms are as attached to this chapter.

APPENDIX - I

ONSULTANT�S INFORMATION FOR EVALUATION

The consultant shall correctly fill up and provide, signed and certified

information for the following in the forms attached herewith.




Power of Attorney








CV of Key Personnel


These forms are as attached to this chapter.

71 | P a g e

VALUATION

The consultant shall correctly fill up and provide, signed and certified


id11874749 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com

TECHNICAL

(Date and Reference)

To:

[Name and address of SSNNL

Sub: Appointment of Consultant for

Dear Sir,

With reference to your RFP Document dated ��.., I/we, having

examined all relevant documents and understood their contents, hereby

submit our Proposal for selection as Consultant for providing

Management Services to the Sardar

(SSNNL). The proposal is unconditional and unqualified.

2. All information provided in the Proposal and in the Appendices 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 of appointment as

the Consultant for the aforesaid Project.

4. I/We shall make available to the SSNNL any add

may deem necessary or require for supplementing or authenticating

the Proposal.

5. I/We acknowledge the right of the SSNNL to reject our application

without assigning any reason or otherwise and hereby waive our

APPENDIX - I

TECHNICAL PROPOSAL

FORM - 1

LETTER OF PRPOSAL

SSNNL]

Sub: Appointment of Consultant for providing Third Party Inspection



submit our Proposal for selection as Consultant for providing

ervices to the Sardar Sarovar Narmada Nigam Limited

(SSNNL). The proposal is unconditional and unqualified.

All information provided in the Proposal and in the Appendices is true


copies of their respective originals.

statement is made for the express purpose of appointment as

the Consultant for the aforesaid Project.

I/We shall make available to the SSNNL any additional information it

necessary or require for supplementing or authenticating

I/We acknowledge the right of the SSNNL to reject our application


72 | P a g e




submit our Proposal for selection as Consultant for providing Project

am Limited

All information provided in the Proposal and in the Appendices is true


statement is made for the express purpose of appointment as

itional information it

necessary or require for supplementing or authenticating

I/We acknowledge the right of the SSNNL to reject our application


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 perform on any contract, as evidenced by

imposition of a penalty by an arbitral or judicial SSNNL or a judicial

pronouncement or arbitration award against the Applicant consultant

nor been expelled from any project or contract by any

nor have had any contract terminated by any public SSNNL for

breach on our part

7. I/We declare that:

(a) I/We have examined and have no reservations to the RFP

Documents, including any Addendum issued by the SSNNL;

(b) I/We do not have any conflict of

prescriptions in the RFP Document;

(c) I/We have not directly or indirectly or through an agent engaged or

indulged in any corrupt practice, fraudulent practice, coercive

practice, undesirable practice or restrictive practice,

RFP document, in respect of any tender or request for proposal

issued by or any agreement entered into with the SSNNL or any

other public sector enterprise or any government, Central or State;

and

(d) I/We hereby certify that we have taken steps

conformity with the provisions of the RFP, no person acting for us

or on our behalf will engage in any corrupt practice, fraudulent

practice, coercive practice, undesirable practice or restrictive

practice.

8. I/We understand that you may ca

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

Applicant consultants in accordance with the RFP document.

9. I/We declare that

Selection as a Consultant.

10. I/We certify that in regard to matters other than security and integrity of

right to challenge the same on any account whatsoever.

I/We certify that in the last three years, we or any of our Associates

ave neither failed to perform on any contract, as evidenced by



nor been expelled from any project or contract by any public SSNNL


breach on our part.

I/We have examined and have no reservations to the RFP


I/We do not have any conflict of interest in accordance with the

prescriptions in the RFP Document;

I/We have not directly or indirectly or through an agent engaged or


practice, undesirable practice or restrictive practice, as defined in




I/We hereby certify that we have taken steps to ensure that in




I/We understand that you may cancel the Selection Process at any time



Applicant consultants in accordance with the RFP document.

hat were not a Member of any Consortium applying for

Selection as a Consultant.

I/We certify that in regard to matters other than security and integrity of

73 | P a g e

I/We certify that in the last three years, we or any of our Associates

ave neither failed to perform on any contract, as evidenced by



public SSNNL


I/We have examined and have no reservations to the RFP


interest in accordance with the

I/We have not directly or indirectly or through an agent engaged or


as defined in




to ensure that in




ncel the Selection Process at any time



Consortium applying for

I/We certify that in regard to matters other than security and integrity of

the country, we or any of our Associates have not been convicted by a

Court of Law or indicted or ad

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.

11. I/We further certify that in regard to matter

integrity of the country, we have not been charge

of the Government or convicted by a Court of Law for any offence

committed by us or by any of our Associates.

12. I/We further certify that no investigation by a

pending either against us or against our Associates or against our CEO or

any of our Directors/Managers/ employees.

13. I/We hereby irrevocably waive any right or remedy which we may have at

any stage at law or howsoever otherwise aris

any decision taken by the SSNNL [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.

14. The Bid Security of

Demand Draft payable to Sardar

scheduled bank having branch at

accordance with the RFP document.

15. I/We agree and understand that

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.

16. I/We agree to keep this

the Proposal Due Date specified in the RFP.

17. A Power of Attorney in

submit this Proposal and documents is attached herewith.

18. In the event of my/our firm/ consortium being selected as the Consultant,

I/we agree to enter into an Agreement in accordance with the form at

Schedule-2 of the RFP. We agree not to seek any changes in the


Court of Law or indicted or adverse orders passed by a regulatory SSNNL



sense of the community.

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


committed by us or by any of our Associates.

I/We further certify that no investigation by a regulatory


any of our Directors/Managers/ employees.

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




The Bid Security of Rs. 1,00,000 (Rupees One Lacs Only) in the form of a

payable to Sardar Sarovar Narmada Nigam Limited at a

scheduled bank having branch at any branch of Gujarat is attached, in

accordance with the RFP document.

I/We agree and understand that the proposal is subject to the provisions



me/us or our proposal is not opened or rejected.

I/We agree to keep this offer valid for 180 (One Eighty Days

the Proposal Due Date specified in the RFP.

A Power of Attorney in favor of the authorized signatory to sign and

submit this Proposal and documents is attached herewith.

In the event of my/our firm/ consortium being selected as the Consultant,


2 of the RFP. We agree not to seek any changes in the

74 | P a g e


verse orders passed by a regulatory SSNNL



s relating to security and

sheeted by any agency


regulatory authority is


I/We hereby irrevocably waive any right or remedy which we may have at

ing to challenge or question




in the form of a

Sarovar Narmada Nigam Limited at a

is attached, in

the proposal is subject to the provisions



ty Days) days from

signatory to sign and

In the event of my/our firm/ consortium being selected as the Consultant,


2 of the RFP. We agree not to seek any changes in the

aforesaid form and agree to abide by the same.

19. 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 any documents or information pro

or in respect of any matter arising out of or concerning or relating to the

Selection Process including the award of Consultancy.

20. The Financial Proposal is submitted

with the Financial Proposal

binding on us.

21. 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

Signature [In full and initials

Name and Title of authorised s

Name of Firm:

Address:

1 [Delete in case no association is foreseen.

aforesaid form and agree to abide by the same.

e have studied RFP and all other documents carefully and also



arising out of any documents or information provided to us by the SSNNL


Selection Process including the award of Consultancy.

The Financial Proposal is submitted online. This Technical Proposal read

with the Financial Proposal shall constitute the Application which shall be

I/We agree and undertake to abide by all the terms and conditions of the


in accordance with the terms of the RFP Document

Yours sincerely,

In full and initials]:

authorised signatory:

Delete in case no association is foreseen.]

75 | P a g e

e have studied RFP and all other documents carefully and also



vided to us by the SSNNL


. This Technical Proposal read

shall constitute the Application which shall be

I/We agree and undertake to abide by all the terms and conditions of the


Yours sincerely,

PARTICULARS OF THE

1.1 Title of Consultancy:

PROVIDING THIRD PARTY INSPECTION

NARMADA NIGAM LIMITED

1.2 Title of Project:

Providing TPI Services to SSNNLfor the

1.3 State whether applying as Sole Firm or Lead Member of a consortium:

Sole Firm

or

Lead Member of a consortium

assignment)

1.4 State the following:

Name of Company or Firm:

Legal status (e.g. incorporated private company, unincorporated

business, partnership etc.):

Country of incorporation:

Registered address:

Year of Incorporation:

Year of commencement of business:

Principal place of business:

Brief description of the Company including details of its main lines of

business Name, designation, address and phone numbers of

authorized signatory of the Applicant:

Name:

Designation:

Company:

Address:

Phone No.:

Fax No. :

E-mail address:

APPENDIX - I

FORM - 2 ARTICULARS OF THE APPLICANT

Title of Consultancy:

THIRD PARTY INSPECTION TO SARDAR SAROVAR

NARMADA NIGAM LIMITED (SSNNL)

Services to SSNNLfor the work Service Road of Br. Canals

State whether applying as Sole Firm or Lead Member of a consortium:

Lead Member of a consortium (Consortium not permitted for this

State the following:

Name of Company or Firm:


business, partnership etc.):

Country of incorporation:

Registered address:

Year of Incorporation:

Year of commencement of business:

Principal place of business:



signatory of the Applicant:

76 | P a g e

TO SARDAR SAROVAR

work Service Road of Br. Canals.

State whether applying as Sole Firm or Lead Member of a consortium:

(Consortium not permitted for this




1.5 Does the Applicant�s firm/company (or any member of the consortium)

combine functions as a consultant or adviser along with the functions as a

contractor and/or a manufacturer?

If yes, does the Applicant (and other Member of the Applicant�s

consortium) agree to limit the Applicant�s role only to that of a

consultant/ adviser to the Authority and to disqualify themselves, their

Associates/ affiliates, subsidiaries and/or parent organization

subsequently from work on this Project in any other capacity?

1.6 Does the Applicant intend to borrow or hire temporarily, personnel from

contractors, manufacturers or suppliers for performance o

Services?

If yes, does the Applicant agree that it will only be acceptable as

Consultant, if those contractors

themselves from subsequent

tendering relating to any goods or services for any other part of the

Project) other than that of the Consultant?

If yes, have any undertakings been obtained (and annexed) from such

contractors, manufact

from subsequent execution of work on this Project and they agree to

limit their role to that of consultant/ adviser for the Authority only?

(Signature, name and designation of the

Does the Applicant�s firm/company (or any member of the consortium)


contractor and/or a manufacturer?




affiliates, subsidiaries and/or parent organization


Does the Applicant intend to borrow or hire temporarily, personnel from

contractors, manufacturers or suppliers for performance of the Consulting


Consultant, if those contractors, manufacturers and suppliers disqualify

themselves from subsequent execution of work on this Project (including


Project) other than that of the Consultant?


contractors, manufacturers, etc. that they agree to disqualify themselves



(Signature, name and designation of the authorized

For and on behalf of ��

77 | P a g e

Does the Applicant�s firm/company (or any member of the consortium)


Yes/No




affiliates, subsidiaries and/or parent organization


Yes/No

Does the Applicant intend to borrow or hire temporarily, personnel from

f the Consulting

Yes/No


, manufacturers and suppliers disqualify

execution of work on this Project (including


Yes/No


urers, etc. that they agree to disqualify themselves



Yes/No

authorized signatory)

For and on behalf of ��

STATEMENT OF

(To be forwarded on the letter head of the Applicant)

Ref.

Date:

To,

*****

*****

Dear Sir,

Sub: RFP for Consultant:

I/We hereby confirm that we, the Applicant

consortium, constitution of which has been described in the Proposal*), satisfy

the terms and conditions laid down in the RFP document.

I/We have agreed that ��.. (

Lead Member of our consortium.

I/We have agreed that ��.. (

Authorized Representative/ will act as the

consortium on our behalf and has been duly authorized to submit our Proposal.

Further, the authorized signatory is vested with requisite powers to furnish such

proposal and all other documents, information or communication and

authenticate the same.


APPENDIX - I

FORM - 3

TATEMENT OF LEGAL CAPACITY

(To be forwarded on the letter head of the Applicant)

I/We hereby confirm that we, the Applicant (along with other members in case of


the terms and conditions laid down in the RFP document.

I/We have agreed that ��.. (Insert Applicant�s name) will act as the

er of our consortium.

I/We have agreed that ��.. (Insert individual�s name) will act as our

Representative/ will act as the Authorized Representative of the


signatory is vested with requisite powers to furnish such


Yours faithfully,


For and on behalf of

78 | P a g e

(along with other members in case of


Applicant�s name) will act as the

individual�s name) will act as our

Representative of the


signatory is vested with requisite powers to furnish such


Yours faithfully,

authorized signatory)

Know all men by these presents, we,

of the registered office) do hereby constitute, nominate, appoint and authorize

Mr / Ms ................................

presently residing at ................................

with us and holding the position of

attorney (hereinafter referred to as the �

and on our behalf, all such acts, deeds and things as are necessary or required in connection

with or incidental to submission of our Proposal for and selection as the Consultant for

party Inspection Services to the SSNNL includi

all applications, proposals and other documents and writings, participating in pre

other conferences and providing information/ responses to the SSNNL, representing us in all

matters before the SSNNL,

consequent to acceptance of our proposal and generally dealing with the SSNNL in all

matters in connection with or relating to or arising out of our Proposal for the said Project

and/or upon award thereof to us till the entering into of the Agreement with the SSNNL.

AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or

caused to be done by our said

powers conferred by this Power of Attorney and that all acts, deeds and things done by our

said Authorized Representative in exercise of the powers hereby conferred shall and shall

always be deemed to have been done by us.

IN WITNESS WHEREOF WE, THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER

OF ATTORNEY ON THIS DAY OF

For

Witnesses:

1.

2.

Notarised Accepted

(Signature, name, desi

APPENDIX - I

FORM - 4

POWER OF ATTORNEY

Know all men by these presents, we, .................................... (name of Firm and address


............................................................................. son/daughter/wife and

............................................................ , who is presently employed

with us and holding the position of ....................................... as our true and lawful

attorney (hereinafter referred to as the �Authorized Representative�) to do in our name


with or incidental to submission of our Proposal for and selection as the Consultant for

Services to the SSNNL including but not limited to signing and submission of

all applications, proposals and other documents and writings, participating in pre


signing and execution of all contracts and undertakings



ereof to us till the entering into of the Agreement with the SSNNL.


caused to be done by our said Authorized Representative pursuant to and in exercise of the


Representative in exercise of the powers hereby conferred shall and shall

been done by us.


OF ATTORNEY ON THIS DAY OF

(Signature, name, designation and address)

��..

(Signature, name, designation and address of the Attorney)

79 | P a g e

(name of Firm and address


son/daughter/wife and

who is presently employed

as our true and lawful

�) to do in our name


with or incidental to submission of our Proposal for and selection as the Consultant for Third

ng but not limited to signing and submission of

all applications, proposals and other documents and writings, participating in pre-bid and


signing and execution of all contracts and undertakings



ereof to us till the entering into of the Agreement with the SSNNL.


Representative pursuant to and in exercise of the


Representative in exercise of the powers hereby conferred shall and shall


(Signature, name, designation and address)

��..

FINANCIAL

Sr. No. Financial Year

1. 2013

2. 2014

3. 2015

Certificate from the Statutory Auditor

This is to certify that ............

payments shown above against the respective years on account of professional

fees.

Name of the audit firm:

Seal of the audit firm

Date:


In case the Applicant does not have a statutory auditor, it shall provide the

certificate from its chartered accountant that ordinarily audits the annual

accounts of the Applicant.

Note:

Please do not attach any printed Annual Financial

APPENDIX - I

FORM - 5

INANCIAL CAPACITY OF THE APPLICANT

Financial Year Annual Revenue

(Rs./US $ in

million)

2013-2014

2014-2015

2015-16


............ (name of the Applicant) has received the

above against the respective years on account of professional

(Signature, name and designation of the authorized signatory)



accounts of the Applicant.

Please do not attach any printed Annual Financial Statement.

80 | P a g e

Annual Revenue

(Rs./US $ in

(name of the Applicant) has received the

above against the respective years on account of professional



Sr.

No.

Designation

of Key

Personnel

Name

(1) (2) (3)

1.

2.

3.

4.

5.

6.

7.

8.

9.

APPENDIX - I

FORM - 6

PARTICULARS OF KEY PERSONNEL

Educational

Qualification

Length of

Professional

Experience

Present

Name of Firm

(4) (5) (6)

81 | P a g e

Employment No. of

Eligible

Assignments

Name of Firm Employed

Since

(7) (8)

PROPOSED

The proposed methodology and work plan shall be described as follows:

1. Understanding of TOR (not more than two pages)

The Applicant Consultant shall clearly state its understanding of the TOR

and also highlight its important aspects. The Applicant Consultant may

supplement various requirements of the TOR and also make precise

suggestions if it considers this would bring more clarity and assist in

achieving the Objectives laid down in the TOR.

2. Methodology and Work Plan (not more than three pages)

The Applicant Consultant will submit its methodology for carrying out this

assignment, outlining its approach toward achieving the Objectives laid

down in the TOR. The Applicant Consultant will submit a brief write up on

its proposed team and

areas of expertise needed for this assignment have been fully covered by

its proposal. In case the Applicant Consultant is a consortium, it should

specify how the expertise of each firm is proposed to be

assignment. The Applicant Consultant should specify the sequence and

locations of important activities, and provide a quality assurance plan for

carrying out the Consultancy Services.

Note: Marks will be deducted for writing lengthy and out of context responses

APPENDIX - I

FORM - 7

ROPOSED METHODOLOGY AND WORK PLAN

methodology and work plan shall be described as follows:

Understanding of TOR (not more than two pages)





achieving the Objectives laid down in the TOR.

Methodology and Work Plan (not more than three pages)

Consultant will submit its methodology for carrying out this



its proposed team and organization of personnel explaining how different



specify how the expertise of each firm is proposed to be utilized

. The Applicant Consultant should specify the sequence and


carrying out the Consultancy Services.

Marks will be deducted for writing lengthy and out of context responses

82 | P a g e

LAN

methodology and work plan shall be described as follows:





Consultant will submit its methodology for carrying out this



xplaining how different



utilized for this

. The Applicant Consultant should specify the sequence and


Marks will be deducted for writing lengthy and out of context responses

ABSTRACT OF ELIGIBLE

Sr.

No

Name of

Project

Name of

(1) (2)

1

2

3

4

The Applicant should provide details of only those projects that have been

completed by it under its own name

The names and chronology of Eligible

project-wise details submitted in Form

Only Govt/Semi Govt/Board/ Corporation works shall be

undertaken on behalf of Contractor shall not be considered.

The Applicant Consultant shall also produce authentic and valid certificates from the

clients, establishing their experience in similar projects. Only those similar projects

whose valid completion certificate clearly stated date of start, date of completio

Cost of the project, etc. attached with RFP are considered for technical evaluation,


This is to certify that the information contained in Column 5 above is correct as per the

accounts of the Applicant and/ or the c

Name of the audit firm:

Seal of the audit firm

Date:

(Signature, name and designation of the authorised signatory)

In case the Applicant does not have a statutory auditor, it shall provide the certificate from its

chartered accountant that ordinarily audits the annual accounts of the Applicant.

APPENDIX - I

FORM - 8

LIGIBLE ASSIGNMENTS OF THE APPLICANT

Name of

Client

Estimated capital

cost of Project

(in Rs. Crore)

Payment

professional

received by the

Applicant

(in Rs. C

(3) (4) (5)


under its own name during last five years.

The names and chronology of Eligible Projects included here should conform to the

wise details submitted in Form-10 of Appendix-I.

Only Govt/Semi Govt/Board/ Corporation works shall be considered. Projects

undertaken on behalf of Contractor shall not be considered.



whose valid completion certificate clearly stated date of start, date of completio




accounts of the Applicant and/ or the clients.

(Signature, name and designation of the authorised signatory)


ordinarily audits the annual accounts of the Applicant.

83 | P a g e

PPLICANT

Payment##

of

professional fees

received by the

Applicant

Crore)

Period

during

which

services

are

provided

(6)


Projects included here should conform to the

considered. Projects



whose valid completion certificate clearly stated date of start, date of completion,




ordinarily audits the annual accounts of the Applicant.

ABSTRACT OF

Name of Key Personnel:

Sr.No Name of Project* Name of Client Estimated capital cost

of project

(in Rs. cr./ US$ million)

(1) (2) (3)

1

2

3

4

5

6

7

8

9

@ Use separate Form for each Key Personnel.

* The names and chronology of projects included here should conform to the project

Note: The Applicant may attach separate sheets to provide brief particulars of other relevant experience of the Key Personne

APPENDIX - I

FORM - 9

BSTRACT OF ELIGIBLE ASSIGNMENTS OF KEY PERSONNEL

Desig

Estimated capital cost

of project

(in Rs. cr./ US$ million)

Name of firm

for which the Key

Personnel

worked

Designation of

the Key

Personnel on

the assignment

(4) (5) (6)

Use separate Form for each Key Personnel.

The names and chronology of projects included here should conform to the project-wise details submitted in Form

The Applicant may attach separate sheets to provide brief particulars of other relevant experience of the Key Personne

84 | P a g e

ERSONNEL

Designation:

Designation of

the assignment

Date of

completion of

the assignment

Mandays

spent

(7) (8)


The Applicant may attach separate sheets to provide brief particulars of other relevant experience of the Key Personnel.

ELIGIBLE

Name of Applicant:

Name of the Project:

Length in km or other particulars

Description of services performed

by the Applicant firm:

Name of client and

Address:(Indicate whether public

or private entity)

Name, telephone no. and fax no.

of client�s representative:

Estimated capital cost of Project (in Rs.

crore or US$ million):

Payment received by the

Applicant (in Rs. crore):

Start date and finish date of the

services (month/ year):

Brief description of the Project:

Notes:

1. Use separate sheet for each Eligible Project.

2. The Applicant may attach separate sheets to provide brief particulars of other

relevant experience of the

3. Exchange rate should be taken as Rs. [50] per US $ for conversion to Rupees

APPENDIX - I

FORM - 10

LIGIBLE ASSIGNMENTS OF APPLICANT


Description of services performed

Address:(Indicate whether public


Estimated capital cost of Project (in Rs.

Payment received by the

Start date and finish date of the


Use separate sheet for each Eligible Project.

The Applicant may attach separate sheets to provide brief particulars of other

relevant experience of the Applicant.

Exchange rate should be taken as Rs. [50] per US $ for conversion to Rupees

85 | P a g e

The Applicant may attach separate sheets to provide brief particulars of other

Exchange rate should be taken as Rs. [50] per US $ for conversion to Rupees.

ELIGIBLE A

Name of Key Personnel:

Designation of Key Personnel:

Name of the Project:


Name of Consulting Firm where

employed:

Description of services performed by the

Key Personnel (including designation):

Name of client and Address:

(indicate whether public or private)


of client�s representative:

Estimated Capital Cost of the Project

(in Rs. crore or US$ million):

Start date and finish date of the services

(month/ year):


It is certified that the aforesaid information is true and correct to

knowledge and belief.

(Signature and name of Key Personnel)

Notes:

1. Use separate sheet for each Eligible Project.

2. The Applicant may attach separate sheets to provide brief particulars of

other relevant experience of the Key Personnel

3. Exchange rate should be taken as Rs. [50] per US$ for conversion to Rupees.

APPENDIX - I

FORM - 11

ASSIGNMENTS OF KEY PERSONNEL

Designation of Key Personnel:

particulars

Name of Consulting Firm where

Description of services performed by the

Key Personnel (including designation):

Name of client and Address:

(indicate whether public or private)


ost of the Project

(in Rs. crore or US$ million):

Start date and finish date of the services


It is certified that the aforesaid information is true and correct to the best of my

(Signature and name of Key Personnel)

Use separate sheet for each Eligible Project.

The Applicant may attach separate sheets to provide brief particulars of

other relevant experience of the Key Personnel.

Exchange rate should be taken as Rs. [50] per US$ for conversion to Rupees.

86 | P a g e

ERSONNEL

the best of my

The Applicant may attach separate sheets to provide brief particulars of

Exchange rate should be taken as Rs. [50] per US$ for conversion to Rupees.

CURRICULUM

1. Proposed Position:

2. Name of Personnel:

3. Date of Birth:

4. Nationality:

5. Educational Qualifications:

6. Employment Record:

every employment held.)

7. List of projects on which the Perso

Sr No Name of project

8. Details of the current assignment and the time duration

are required for the current assignment.

9. Language Known:

Certification:

1 I am willing to work on the Project and I will be available for entire

duration of the Project assignment as required.

2 I, the undersigned, certify that to the best

belief, this CV correctly describes myself, my qualifications and my

experience.

Place:_______

(Signature and name of the

Notes:

1. Use separate form for each Key Personnel

2. The names and chronology of assignments included here should conform to

APPENDIX - I

FORM - 12

URRICULUM VITAE (CV) OF KEY PERSONNEL

Name of Personnel:

Educational Qualifications:

Employment Record: (Starting with present position, list in reverse order

every employment held.)

List of projects on which the Personnel has worked

Name of project Description of responsibilities

Details of the current assignment and the time duration for which services

are required for the current assignment.

Language Known:

I am willing to work on the Project and I will be available for entire

duration of the Project assignment as required.

I, the undersigned, certify that to the best of my knowledge and


(Signature and name of the Key Personnel)

(Signature and name of the authorized signatory of the Applicant)

each Key Personnel

The names and chronology of assignments included here should conform to

87 | P a g e

ERSONNEL

(Starting with present position, list in reverse order

for which services

I am willing to work on the Project and I will be available for entire

of my knowledge and


(Signature and name of the Key Personnel)

signatory of the Applicant)

The names and chronology of assignments included here should conform to

the project-wise details submitted in Form

3. Each page of the CV shall be signed in ink by both the Personnel concerned

and by the Authorized Representative of the Applicant firm along with the seal

of the firm. Photocopies will not be considered for evaluation


Each page of the CV shall be signed in ink by both the Personnel concerned

Representative of the Applicant firm along with the seal

of the firm. Photocopies will not be considered for evaluation

88 | P a g e

Each page of the CV shall be signed in ink by both the Personnel concerned

Representative of the Applicant firm along with the seal

D

SR.

NO.

DESIGNATION NAME MAN-DAYS

AT

PROJECT

SITE

1

2

3

4

5

6

7

TOTAL MANDAYS

APPENDIX - I

FORM -13

DEPLOYMENT OF PERSONNEL

DAYS (MD) MONTH NUMBERS

AWAY

FROM

PROJECT

SITE

1 2 3 4 5 6 7 8 9 10 11

89 | P a g e

ONTH NUMBERS

11 12 13 14 15 16

FINANCIAL

(On Applicant�s letter head

(Date and Reference)

To,

The Chief Engineer (CPC)

S.S.N.N.L.

Block No.12, 6th Floor

New Sachivalaya Complex

Gandhinagar (Gujarat)

Dear Sir,

Subject: Appointment of Consultant for providing

the work of �Providing WBM Service Road, carrying out treatment to existing WBM

Roads and providing C.C. parapet walls along Miyagam Branch Canal (from Ch.62.500

to 86.600 km) & Vadodara Branch canal (from Ch.67.440 to 115.090 km) with O & M

for Five Years.

I/We, __________ (Applicant�s name) herewith enclose the Financial Proposal for

selection of my/our firm as Consultant for

Reference contained in Chapter 3 of this RFP document.

I/We have understood and do hereby agree that in case if SSNNL requires consultant�s

services for unforeseen tasks not covered under the Terms of Reference, prices for the

same will be negotiated and agreed based on the type and nature of the tasks at

appropriate stage.

I/We agree that this offer shall

from the Proposal Due Date or such further period as may be mutually agreed upon.


Note: The Financial Proposal is to be submitted strictly as per forms given in the RFP

APPENDIX - II

FINANCIAL PROPOSAL

FORM FIN - 1

COVERING LETTER

(On Applicant�s letter head To be uploaded with Technical proposal

ppointment of Consultant for providing Third Party Inspection

Providing WBM Service Road, carrying out treatment to existing WBM



(Applicant�s name) herewith enclose the Financial Proposal for

of my/our firm as Consultant for above as per the Scope of Work and T

eference contained in Chapter 3 of this RFP document.




I/We agree that this offer shall remain valid for a period of 180 (One Eigh


Yours faithfully,


The Financial Proposal is to be submitted strictly as per forms given in the RFP

90 | P a g e

To be uploaded with Technical proposal)

Third Party Inspection Services for




(Applicant�s name) herewith enclose the Financial Proposal for

above as per the Scope of Work and Terms of




Eighty Days) days


Yours faithfully,

zed signatory)

The Financial Proposal is to be submitted strictly as per forms given in the RFP

FINANCIAL PROPOSAL(To be quoted by

(TOTAL LUMP

Name of the TPI Applicant:

Name of the Work:

SSNNL for the work of




Five Years.

Sr.

No.

Description of the Item

1 Providing Third Party Inspection

Sarovar Narmada Nigam Limited as per the

Scope of Work of the respective construction

document of the Package, Scope of Services as

per TOR and RFP,

Date:

Name& Signature of the Authorized

Designation:

Seal of the Company:

APPENDIX - II

FINANCIAL PROPOSAL (To be quoted by TPI Applicant Online Only)

FORM FIN � 2

TOTAL LUMP-SUM (LS) COST)

Providing Third Party Inspection Services to

or the work of � �Providing WBM Service Road, carrying out




Description of the Item Lump-Sum

in Rs. (INR)

Third Party Inspection to the Sardar

Sarovar Narmada Nigam Limited as per the

Scope of Work of the respective construction

document of the Package, Scope of Services as

per TOR and RFP, clarifications etc.

Total LS Price in Figure

(Excluding Service Tax)

Total LS Price in Words

(Excluding Service Tax)

Authorized Signatory:

91 | P a g e

Services to

Providing WBM Service Road, carrying out




Sum Cost

in Rs. (INR)

(To be quoted by TPI Applicant Online Only

Name of the Applicant:

Sr.

No. Description of the Items

1

1

TOTAL LS COST OF REMUNERATION OF RESIDENT

KEY PERSONNEL and Support Personnel

of Personal Allowances)

2 TOTAL LS COST OF OFFICE AND

RENT

3 TOTAL LS COST OF Laboratory Instruments

4 TOTAL LS COST OF REPORT AND DOCUMENTS

5 TOTAL LS COST OF DEPLOYMENT OF RENTAL

VEHICLES INCLUDING FUEL

6 TOTAL LS COST OF ALL THE MISCELLANEOUS

EXPENSES NOT COVERED ABOVE.

GRAND TOTAL FOR PRICE BID EVALUATION IN

FIGURE


WORDS

Name and Signature of Authorized


Date:

APPENDIX - II


FORM FIN-3

(Cost of Services)

Description of the Items Total of

Breakup of

Cost Taken

Off from

2 3

TOTAL LS COST OF REMUNERATION OF RESIDENT

and Support Personnel ( Inclusive Form No.

FIN-4

TOTAL LS COST OF OFFICE AND LABORATORY Lump sum

Laboratory Instruments Lump sum

TOTAL LS COST OF REPORT AND DOCUMENTS Lump sum

TOTAL LS COST OF DEPLOYMENT OF RENTAL

VEHICLES INCLUDING FUEL EXPENSES AND M & R Lump sum

TOTAL LS COST OF ALL THE MISCELLANEOUS

EXPENSES NOT COVERED ABOVE. Lump sum




92 | P a g e

LS Bid Price

4

FINANCIAL PROPOSAL(To be quoted by TPI Applicant Online Only

(Estimate of Personnel Costs)

Name of the TPI Applicant:

PRICE BREAKUP OF REMUNERATION OF KEY PERSONNEL

A B

Sr.

No

.

Designation of the

Key Personnel

1 Team Leader*

2 Resident Engineer*

3 Field Engineer(Quality)*

Support personnel

4 Engineers

5 Accountant/ clerks

6 Security/ peon

7 Add or Delete

Total in Figure

Total in Words

*** As per Schedule-1, Table

Note: 1. The TPI shall not change number and discipline of the Key Personnel. Deployment Period

shall be as per the 'Schedule of Deployment' Schedule

2. The TPI shall deploy sufficient nos. of supporting staff to effectively monitor the works in

conjunction with the TOR. The no. & designation

by the TPI bidder keeping in mind the size of the Package.

3. The cost of office and laboratory rent shall be all inclusive of Project office rent, laboratory

rent, Temporary/Mobile on

4. The cost of office establishment (Rental) and communication Expenses shall be all

inclusive of Office Furniture and Facilities to accommodate Key Personnel and Support

Personnel. Office Equipment, Com

Landline / Mobile Communication Expenses, Office Stationary and Misc. Office

Consumable Expenses, Digital Cameras and Card Readers, First Aid Facilities etc.

5 The cost of Laboratory establishment (Renta

Field Laboratory Furniture and Facilities, Calibrated Field Laboratory Test Equipment /

Instruments and Facilities, Handling, Remanding, Logistics and expediting Expenses

towards Field and Laboratory Tests for 1

by TPI as Third Party Quality Inspection Agency etc.

6. The cost of Report and document printing is all inclusive of printing, spiral binding,

Plotting and lamination of drawings, handling charges by speed pos

Name and Signature of Authorized


Date:

APPENDIX � II


FORM NO. FIN � 4

(Estimate of Personnel Costs)

Applicant:


(INCLUSIVE OF PERSONAL ALLOWANCES)

C D E

Nos Monthly

Remuneration

in Rs. (INR)

Deployment

period in

Months

1 9

2 9

4 9

Ó

Ó

1, Table-1

shall not change number and discipline of the Key Personnel. Deployment Period

shall be as per the 'Schedule of Deployment' Schedule-1, Table-1.(***)

shall deploy sufficient nos. of supporting staff to effectively monitor the works in

with the TOR. The no. & designation and deployment of staff shall be decided

bidder keeping in mind the size of the Package.($)

The cost of office and laboratory rent shall be all inclusive of Project office rent, laboratory

le on-site office and field office laboratory rent etc.

The cost of office establishment (Rental) and communication Expenses shall be all

Office Furniture and Facilities to accommodate Key Personnel and Support

Personnel. Office Equipment, Computers (Desktop and Laptops) & Hardware, Printers,



The cost of Laboratory establishment (Rental) for Quality assurance is all inclusive of



towards Field and Laboratory Tests for 10% additional Conformity Tests to be performed

as Third Party Quality Inspection Agency etc.

The cost of Report and document printing is all inclusive of printing, spiral binding,

Plotting and lamination of drawings, handling charges by speed post/courier etc.


93 | P a g e


(INCLUSIVE OF PERSONAL ALLOWANCES)

C X D x E= (F)

Deployment

period in

LS Amount in

Rs. (INR)

Ó

Ó

shall not change number and discipline of the Key Personnel. Deployment Period

shall deploy sufficient nos. of supporting staff to effectively monitor the works in

of staff shall be decided

The cost of office and laboratory rent shall be all inclusive of Project office rent, laboratory

The cost of office establishment (Rental) and communication Expenses shall be all

Office Furniture and Facilities to accommodate Key Personnel and Support

puters (Desktop and Laptops) & Hardware, Printers,



l) for Quality assurance is all inclusive of



0% additional Conformity Tests to be performed

The cost of Report and document printing is all inclusive of printing, spiral binding,

t/courier etc.


SAROVAR NARMADA NIGAM LIMITED, GANDHINAGAR, GUJARAT


Roads and providing C.C. parapet walls along Miyagam Branch Canal

(from Ch.62.500 to 86.600 km) & Vadodara Branch canal (from

Ch.67.440 to 115.090 km) with O & M for Five Years.

_________________________

SCHEDULE � 2

AGREEMENT

FOR

THIRD PARTY INSPECTION SERVICES TO THE SARDAR


Service Road, carrying out treatment to existing WBM




________________________________________________________

94 | P a g e

SERVICES TO THE SARDAR


Service Road, carrying out treatment to existing WBM



_______________________________

1. General

1.1 Definitions and Interpretation

1.2 Relation between the Parties

1.3 Rights and Obligations

1.4 Governing law and jurisdiction

1.5 Language

1.6 Table of contents and headings

1.7 Notices

1.8 Location

1.9 Authority of Member

1.10 Authorized representatives

1.11 Taxes and duties

2. Commencement, Completion and Termination of Agreement

2.1 Effectiveness of Agreement

2.2 Commencement of Services

2.3 Termination of Agreement for failure

2.4 Expiration of Agreement

2.5 Entire Agreement

2.6 Modification of Agreement

2.7 Force Majeure

2.8 Suspension of Agreement

2.9 Termination of Agreement

3. Obligations of the Consultant

3.1 General


3.3 Confidentiality

C O N T E N T S

Definitions and Interpretation

Relation between the Parties

Rights and Obligations

Governing law and jurisdiction

Table of contents and headings

Authority of Member-in-charge

representatives

Taxes and duties

Completion and Termination of Agreement

Effectiveness of Agreement

Commencement of Services

Termination of Agreement for failure to commence Services

Expiration of Agreement

Entire Agreement

Modification of Agreement

Suspension of Agreement

Termination of Agreement

Obligations of the Consultant

Conflict of Interest

95 | P a g e

Completion and Termination of Agreement

to commence Services

3.4 Liability of the Consultan

3.5 Insurance to be taken out by the Consultant

3.6 Accounting, inspection and auditing

3.7 Consultant�s actions requiring the Authority�s prior approval

3.8 Reporting obligations

3.9 Documents prepared by the Consultant to be the property of the

Authority

3.10 Equipment and

3.11 Providing access to the Project Office and Personnel

3.12 Accuracy of Documents

4. Consultant�s Personnel and Sub

4.1 General

4.2 Deployment of Personnel

4.3 Approval of Personnel

4.4 Substitution of Key Personnel

4.5 Working hours,

4.6 Resident Team Leader and Project Manager

4.7 Sub-Consultants

5. Obligations of the Authority

5.1 Assistance in clearances etc.

5.2 Access to land and property

5.3 Change in Applicable Law

5.4 Payment

6. Payment to the Consultant

6.1 Cost estimates and

6.2 Currency of payment

6.3 Mode of billing and payment

Liability of the Consultant

Insurance to be taken out by the Consultant

Accounting, inspection and auditing

Consultant�s actions requiring the Authority�s prior approval

Reporting obligations

Documents prepared by the Consultant to be the property of the

Equipment and materials furnished by the Authority

Providing access to the Project Office and Personnel

Accuracy of Documents

Consultant�s Personnel and Sub-Consultant


Approval of Personnel

Substitution of Key Personnel

Working hours, overtime, leave etc.

Resident Team Leader and Project Manager

Consultants

Obligations of the Authority

Assistance in clearances etc.

Access to land and property

Change in Applicable Law

Payment to the Consultant

Cost estimates and Agreement Value

Currency of payment

Mode of billing and payment

96 | P a g e

Consultant�s actions requiring the Authority�s prior approval

Documents prepared by the Consultant to be the property of the

7. Liquidated damages and penalties

7.1 Performance Security

7.2 Liquidated Damages

7.3 Penalty for deficiency in Services

8. Fairness and Good Faith

8.1 Good Faith

8.2 Operation of the Agreement

9. Settlement of Disputes

9.1 Amicable settlement

9.2 Dispute resolution

9.3 Conciliation

9.4 Arbitration

ANNEXES







Liquidated damages and penalties

Performance Security

Liquidated Damages

Penalty for deficiency in Services

Fairness and Good Faith

Operation of the Agreement

of Disputes

Amicable settlement

Dispute resolution


ANNEX 2: Deployment of Personnel (Form � 6 of Appendix-I)

ANNEX 3: Estimate of Personnel Costs (Form FIN�4 of Appendix-II)

Services (Form FIN�3 of Appendix-II)



97 | P a g e







This AGREEMENT (hereinafter called the �

day of the month of _____

Director, Sardar Sarovar Narmada Nigam Limited (hereinafter called the �

which expression shall include their respective successors

unless the context otherwise requires)through the Executive Engineer _________

and, on the other hand, (hereinafter called the �

shall include their respective successors and permitted assigns).

WHEREAS

(A) The SSNNL vide its Request for Proposal for Providing

Inspection Services for

�Work�);

(B) the Consultant submitted its proposals for the aforesaid work, whereby

the Consultant represented to the SSNN

professional skills, and in the said proposals the Consultant also agreed to

provide the Services to the SSNNL on the terms and conditions as set

forth in the RFP and this Agreement; and

(C) the SSNNL, on acceptance of the aforesaid

awarded the Consultancy to the Consultant vide its Letter of Award dated

(the�LOA�); and

(D) in pursuance of the LOA, the parties have agreed to enter into this

Agreement.

NOW, THEREFORE, the parties hereto hereby agree as follow

1. GENERAL

AGREEMENT No. _______

THIRD PARTY INSPECTION SERVICES TO THE SARDAR


WBM Service Road, carrying out treatment to existing WBM




inafter called the �Agreement�) is made on the

_____2016, between, on the one hand, the Managing

Sarovar Narmada Nigam Limited (hereinafter called the �

which expression shall include their respective successors and permitted assigns,


and, on the other hand, (hereinafter called the �Consultant� which expression

shall include their respective successors and permitted assigns).

he SSNNL vide its Request for Proposal for Providing

Services for the above mentioned work (hereinafter called the

the Consultant submitted its proposals for the aforesaid work, whereby

the Consultant represented to the SSNNL that it had the required



forth in the RFP and this Agreement; and

the SSNNL, on acceptance of the aforesaid proposals of the Consultant,


in pursuance of the LOA, the parties have agreed to enter into this

NOW, THEREFORE, the parties hereto hereby agree as follows:

98 | P a g e

SERVICES TO THE SARDAR


WBM Service Road, carrying out treatment to existing WBM



�) is made on the ____

, between, on the one hand, the Managing

Sarovar Narmada Nigam Limited (hereinafter called the �SSNNL�

and permitted assigns,


� which expression

he SSNNL vide its Request for Proposal for Providing Third Party

(hereinafter called the

the Consultant submitted its proposals for the aforesaid work, whereby

L that it had the required



proposals of the Consultant,


in pursuance of the LOA, the parties have agreed to enter into this

s:


1.1.1 The words and expressions beginning with capital letters and defined in

this Agreement shall, unless the context otherwise requires, have the meaning

hereinafter respectively assigned to them:

(a) �Additional Costs

6.1.2;

(b) �Agreement

Annexes;

(c) �Agreement Value

6.1.2;

(d) �Applicable Laws

having the force of law in India as they may be issued and in force

from time to time;

(e) �Confidential Information

Clause 3.3;

(f) �Conflict of Interest

3.2 read with the provisions of RFP;

(g) �Dispute� shall have the meaning set forth in Clause 9.2.1;

(h) �Effective Date

into force and effect pursuant to Clause 2.1;

(i) �Expatriate Personnel

being so hired had their domicile outside India;

(j) �Government

of India whichever is applicable

(k) �INR, Re. or Rs.

(l) �Member�,

consortium of more than one entity, means any of these entities,

and �Members� means all of these entities;

(m) �Party� means the SSNNL or the Consultant, as the case may be,

and Parties means both of them;

(n) �Personnel� means persons hired by th

Consultant as employees and assigned to the performance of the


The words and expressions beginning with capital letters and defined in


hereinafter respectively assigned to them:

Additional Costs� shall have the meaning set forth in Clause

Agreement� means this Agreement, together with all the

Agreement Value� shall have the meaning set forth in Clause

Applicable Laws� means the laws and any other instruments


from time to time;

Confidential Information� shall have the meaning set forth in

Conflict of Interest� shall have the meaning set forth in Clause

3.2 read with the provisions of RFP;

� shall have the meaning set forth in Clause 9.2.1;

Effective Date� means the date on which this Agreement comes

into force and effect pursuant to Clause 2.1;

Expatriate Personnel� means such persons who at the time of

being so hired had their domicile outside India;

Government� means the [Government of Gujarat or Government

of India whichever is applicable];

INR, Re. or Rs.� means Indian Rupees;

, in case the Consultant consists of a joint venture or


and �Members� means all of these entities;

� means the SSNNL or the Consultant, as the case may be,

and Parties means both of them;

� means persons hired by the Consultant or by any Sub


99 | P a g e

The words and expressions beginning with capital letters and defined in


� shall have the meaning set forth in Clause

� means this Agreement, together with all the

� shall have the meaning set forth in Clause

� means the laws and any other instruments


� shall have the meaning set forth in

orth in Clause

� shall have the meaning set forth in Clause 9.2.1;

� means the date on which this Agreement comes

rsons who at the time of

Gujarat or Government

oint venture or


� means the SSNNL or the Consultant, as the case may be,

e Consultant or by any Sub-


Services or any part thereof;

(o) �Resident Personnel

being so hired had their domicile inside India;

(p) �RFP� means the Request for P

which the Consultant�s proposal for providing Services was

accepted;

(q) �Services� means the work to be performed by the Consultant

pursuant to this Agreement, as described in the Terms of Reference

hereto;

(r) �Sub-Consultant

subcontracts any part of the Services in accordance with the

provisions of Clause 4.7; and

(s) �Third Party

Government, the SSNNL the Consultant or a Sub

All terms and words not defined herein shall, unless the context otherwise

requires, have the meaning assigned to them in the RFP.

1.1.2 The following documents along with all addenda issued thereto shall be

deemed to form and be read and construed as integral part

Agreement and in case of any contradiction between or among them the

priority in which a document would prevail over another would be as laid

down below beginning from the highest priority to the lowest priority:

(a) Agreement;

(b) Annexes of Agreement

(c) RFP; and Clarifications.

(d) Letter of Award.

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 SSNNL and

the Consultant. The Consultant shall, subject to this Agreement, have

complete charge of Personnel performing th

Services or any part thereof;

Resident Personnel� means such persons who at the time of

being so hired had their domicile inside India;

� means the Request for Proposal document in response to


� means the work to be performed by the Consultant


Consultant� means any entity to which the Consultant


provisions of Clause 4.7; and

Third Party� means any person or entity other than the

Government, the SSNNL the Consultant or a Sub-Consultant.

and words not defined herein shall, unless the context otherwise

requires, have the meaning assigned to them in the RFP.


deemed to form and be read and construed as integral part




Annexes of Agreement including Terms of Reference (TOR)

Clarifications.

Letter of Award.

Relation between the Parties




complete charge of Personnel performing the Services and shall be fully

100 | P a g e

� means such persons who at the time of

roposal document in response to


� means the work to be performed by the Consultant


means any entity to which the Consultant


� means any person or entity other than the

Consultant.

and words not defined herein shall, unless the context otherwise


deemed to form and be read and construed as integral parts of this




ncluding Terms of Reference (TOR);




e Services and shall be fully

responsible for the Services performed by them or on their behalf

hereunder.

1.3 Rights and obligations

The mutual rights and obligations of the SSNNL and the Consultant shall

be as set forth in the Agreement, in particular:

(a) the Consultant shall carry out the Services in accordance with the

provisions of the Agreement; and

(b) The SSNNL shall make payments to the Consultant in

accordance with the provisions of the Agreement.


This Agreement sh

governed by the laws of India, and the courts at ***** shall have

exclusive jurisdiction over matters arising out of or relating to this

Agreement.

1.5 Language

All notices required to be given by one

other communications, documentation and proceedings which are in any

way relevant to this Agreement shall be in writing and in English language.

1.6 Table of contents and headings

The table of contents, headings or

convenience of reference only and shall not be used in, and shall not

affect, the construction or interpretation of this Agreement.

1.7 Notices

Any notice or other communication to be given by any Party to the other

Party under or in connection with the matters contemplated by this

Agreement shall be in writing and shall:

(a) in the case of the Consultant, be given by facsimile or e

letter delivered by hand to the address given and marked for

attention of the Co

1.10 or to such other person as the Consultant may from time to

time designate by notice to the SSNNL; provided that notices or

other communications to be given to an address outside *****


Rights and obligations


be as set forth in the Agreement, in particular:

he Consultant shall carry out the Services in accordance with the

provisions of the Agreement; and

SSNNL shall make payments to the Consultant in

accordance with the provisions of the Agreement.


This Agreement shall be construed and interpreted in accordance with and



All notices required to be given by one Party to the other Party and all



Table of contents and headings

table of contents, headings or sub-headings in this Agreement is


affect, the construction or interpretation of this Agreement.


rty under or in connection with the matters contemplated by this

Agreement shall be in writing and shall:

in the case of the Consultant, be given by facsimile or e


attention of the Consultant�s Representative set out below in Clause




101 | P a g e



he Consultant shall carry out the Services in accordance with the

SSNNL shall make payments to the Consultant in

all be construed and interpreted in accordance with and



Party to the other Party and all



headings in this Agreement is for



rty under or in connection with the matters contemplated by this

in the case of the Consultant, be given by facsimile or e-mail and by


nsultant�s Representative set out below in Clause




may, if they are

by registered acknowledgement due, air mail or by courier, be sent

by facsimile or e

time to time specify by notice to the SSNNL;

(b) in the case of the SSNNL, be gi

letter delivered by hand and be addressed to the SSNNL with a copy

delivered to the SSNNL Representative set out below in Clause 1.10

or to such other person as the SSNNL may from time to time

designate by notice to the Co

Consultant does not have an office in [New Delhi] it may send such

notice by facsimile or e

due, air mail or by courier; and

(c) any notice or communication by a Party to the other Party, gi

accordance herewith, shall be deemed to have been delivered when

in the normal course of post it ought to have been delivered and in

all other cases, it shall be deemed to have been delivered on the

actual date and time of delivery; provided that in

facsimile or e

working days following the date of its delivery.

1.8 Location

The Services shall be performed at the site of the Project in accordance

with the provisions of RFP and at such

including the offices of the Consultant.

1.9 SSNNL of Member

In case the Consultant consists of a consortium of more than one entity,

the Parties agree that the Lead Member shall act on behalf

Members in exercising all the Consultant�s rights and obligations towards

the SSNNL under this Agreement, including without limitation the

receiving of instructions and payments from the SSNNL.

1.10 Authorized Representatives

1.10.1 Any action required or permitted to be taken, and any document required

or permitted to be executed, under this Agreement by the SSNNL or the

may, if they are subsequently confirmed by sending a copy thereof


by facsimile or e-mail to the number as the Consultant may from

time to time specify by notice to the SSNNL;

in the case of the SSNNL, be given by facsimile or e-




designate by notice to the Consultant; provided that if the


notice by facsimile or e-mail and by registered acknowledgement

due, air mail or by courier; and

any notice or communication by a Party to the other Party, gi




actual date and time of delivery; provided that in

facsimile or e-mail, it shall be deemed to have been delivered on the

working days following the date of its delivery.


with the provisions of RFP and at such locations as are incidental thereto,

including the offices of the Consultant.

SSNNL of Member-in-charge of Consortium.


the Parties agree that the Lead Member shall act on behalf



receiving of instructions and payments from the SSNNL.

Authorized Representatives

Any action required or permitted to be taken, and any document required


102 | P a g e

subsequently confirmed by sending a copy thereof


mail to the number as the Consultant may from

-mail and by




nsultant; provided that if the


mail and by registered acknowledgement

any notice or communication by a Party to the other Party, given in




the case of

mail, it shall be deemed to have been delivered on the


locations as are incidental thereto,


the Parties agree that the Lead Member shall act on behalf of the



Any action required or permitted to be taken, and any document required


Consultant, as the case may be, may be taken or executed by the officials

specified in this Clause 1.10.

1.10.2 The SSNNL may, from time to time, designate one of its officials as the

SSNNL Representative. Unless otherwise notified, the SSNNL

Representative shall be:

************

***********

Tel: ******** Fax: ********* E

1.10.3 The Consultant may designate o

Representative.

Unless otherwise notified, the Consultant�s Representative shall be:

Mobile: ��

Fax: ��

Email: ��

1.11 Taxes and duties

Unless otherwise specified in the Agreement, the Consultant

such taxes, duties, fees and other impositions as may be levied under the

Applicable Laws and the SSNNL shall perform such duties in regard to the

deduction of such taxes as may be lawfully imposed on it.

2. COMMENCEMENT, COMPLETION AND TERM

AGREEMENT

2.1 Effectiveness of Agreement

This Agreement shall come into force and effect on the date of this

Agreement (the �Effective Date

2.2 Commencement of Services

The Consultant shall commence the Services within a period of 7 (seven)

days from the Effective Date, unless otherwise agreed by the Parties.

2.3 Termination of Agreement for failure to commence Services

If the Consultant does not commence the Services within the period

specified in Clause 2.2 above, the SSNNL may, by not less

weeks� notice to the Consultant, declare this Agreement to be null and


specified in this Clause 1.10.

may, from time to time, designate one of its officials as the


Representative shall be:

Tel: ******** Fax: ********* E-mail: *********

The Consultant may designate one of its employees as Consultant�s


��

��

��

Taxes and duties

Unless otherwise specified in the Agreement, the Consultant



deduction of such taxes as may be lawfully imposed on it.

COMMENCEMENT, COMPLETION AND TERMINATION OF

Effectiveness of Agreement


Effective Date�).

Commencement of Services


ays from the Effective Date, unless otherwise agreed by the Parties.



specified in Clause 2.2 above, the SSNNL may, by not less than 2 (two)


103 | P a g e


may, from time to time, designate one of its officials as the


ne of its employees as Consultant�s


Unless otherwise specified in the Agreement, the Consultant shall pay all



INATION OF



ays from the Effective Date, unless otherwise agreed by the Parties.



than 2 (two)


void, and in the event of such a declaration, the Bid Security of the

Consultant shall stand forfeited.

2.4.1 Expiration of Agreement

Unless terminated earlier pursuant to

Agreement shall, unless extended by the Parties by mutual consent, expire

upon the earlier of (i) expiry of a period of 90 (ninety) days after the

delivery of the final deliverable to the SSNNL; and (ii) the expiry of [1

(one) year] from the Effective Date. Upon Termination, the SSNNL shall

make payments of all amounts due to the Consultant hereunder.

2.4.2 Extension of the Agreement:

The Item rate contracts for which

assigned will have a performance period as listed in deployment

schedule(Table-1). These contracts may get extended on bona fide

grounds. Such extension of time will be at the discretion of SSNNL. In such

a case, the TPI assignment will also be

During the extended period, the consultant shall provide the services and

deploy his staff as per mutual agreement. During this period, the

consultant�s total lump

percent) per annum of the total lump

financial proposal.

2.5 Entire Agreement

2.5.1 This Agreement and the Annexes together constitute a complete and

exclusive statement of the terms of the agreement between the Parties on

the subject hereof, an

valid and effective unless such modification or amendment is agreed to in

writing by the Parties and duly executed by persons especially empowered

in this behalf by the respective Parties. All prior written or

understandings, offers or other communications of every kind pertaining

to this Agreement are abrogated and withdrawn; provided, however, that

the obligations of the Consultant arising out of the provisions of the RFP

shall continue to subsist and sh

Agreement.


Consultant shall stand forfeited.

Expiration of Agreement

Unless terminated earlier pursuant to Clauses 2.3 or 2.9 hereof, this




ne) year] from the Effective Date. Upon Termination, the SSNNL shall


Extension of the Agreement:

The Item rate contracts for which Third Party Inspection (TPI


1). These contracts may get extended on bona fide


assignment will also be extended on mutual agreement.


deploy his staff as per mutual agreement. During this period, the

consultant�s total lump-sum price will be increased by adding 8% (eight

er annum of the total lump-sum price as per the accepted

Entire Agreement

This Agreement and the Annexes together constitute a complete and


the subject hereof, and no amendment or modification hereto shall be



in this behalf by the respective Parties. All prior written or




shall continue to subsist and shall be deemed to form part of this

104 | P a g e


Clauses 2.3 or 2.9 hereof, this




ne) year] from the Effective Date. Upon Termination, the SSNNL shall


TPI) is to be


1). These contracts may get extended on bona fide


extended on mutual agreement.


deploy his staff as per mutual agreement. During this period, the TPI

sum price will be increased by adding 8% (eight

sum price as per the accepted

This Agreement and the Annexes together constitute a complete and


d no amendment or modification hereto shall be



in this behalf by the respective Parties. All prior written or oral




all be deemed to form part of this

2.5.2 Without prejudice to the generality of the provisions of Clause 2.5.1, on

matters not covered by this Agreement, the provisions of RFP shall apply.

2.6 Modification of Agreement

Modification of the terms and

modification of the scope of the Services, may only be made by written

agreement between the Parties. Pursuant to Clauses 4.2.3 and 6.1.3

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 Agreement, �

event which is beyond the reasonable control of a Party, and which

makes a Party�s performance of its obligat

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, stri

(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

negligence or intentional action of a Party or such Party�s Sub

Consultant or agents or employees, nor (ii) any event which a

diligent Party could reasonably have been expected to both (A) take

into account at t

(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 Agreement

Without prejudice to the generality of the provisions of Clause 2.5.1, on


Modification of Agreement

Modification of the terms and conditions of this Agreement, including any




for modification made by the other Party.

For the purposes of this Agreement, �Force Majeure


makes a Party�s performance of its obligations hereunder impossible




weather conditions, strikes, lockouts or other industrial action




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



into account at the time of the conclusion of this Agreement, and


Force Majeure shall not include insufficiency of funds or failure to

make any payment required hereunder.

No breach of Agreement

105 | P a g e

Without prejudice to the generality of the provisions of Clause 2.5.1, on


conditions of this Agreement, including any




Force Majeure� means an


ions hereunder impossible




kes, lockouts or other industrial action




include (i) any event which is caused by the

negligence or intentional action of a Party or such Party�s Sub-



he time of the conclusion of this Agreement, and


Force Majeure shall not include insufficiency of funds or failure to

The failure of a Party to

considered to be a breach of, or default under, this Agreement insofar as

such inability arises from an event of Force Majeure, provided that the

Party affected by such an event

care and reasonable alternative measures, all with the objective of

carrying out the terms and conditions of this Agreement.

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 fulfil 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 14 (fourteen) 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

consequences of any event of Force Majeure.

2.7.4 Extension of time

Any period within which a Party shall, pursuant to this Agreement,

complete any action or task, shall be extended for a period equal to the

time during which such Party wa

result of Force Majeure.

2.7.5 Payments

During the period of its inability to perform the Services as a result of an

event of Force Majeure, the Consultant shall be entitled to be reimbursed

for additional costs

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 30 (thirty) days after the Consultant has, as the result of an

event of Force Majeure, become unable to perform a material portion of

The failure of a Party to fulfill any of its obligations hereunder shall not be



Party affected by such an event has taken all reasonable precautions, due


carrying out the terms and conditions of this Agreement.

Measures to be taken

A Party affected by an event of Force Majeure shall take all


obligations hereunder with a minimum of delay.

A Party affected by an event of Force Majeure shall notify the other


14 (fourteen) days following the occurrence of such event,



The Parties shall take all reasonable measures to minimise the

consequences of any event of Force Majeure.

Extension of time



time during which such Party was unable to perform such action as a

result of Force Majeure.


Majeure, the Consultant shall be entitled to be reimbursed

for additional costs reasonably and necessarily incurred by it during such


after the end of such period.



106 | P a g e

any of its obligations hereunder shall not be



has taken all reasonable precautions, due


A Party affected by an event of Force Majeure shall take all


A Party affected by an event of Force Majeure shall notify the other


14 (fourteen) days following the occurrence of such event,



to minimise the



s unable to perform such action as a


Majeure, the Consultant shall be entitled to be reimbursed

reasonably and necessarily incurred by it during such




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 of Agreement

The SSNNL may, by

suspend all payments to the Consultant hereunder if the Consultant shall

be in breach of this Agreement or shall fail to perform any of its

obligations under this Agreement, including the carrying out of the

Services; provided that such notice of suspension (i) shall specify the

nature of the breach or failure, and (ii) shall provide an opportunity to the

Consultant to remedy such breach or failure within a period not exceeding

30 (thirty) days after receipt b

suspension.

2.9 Termination of Agreement

2.9.1 By the SSNNL

The SSNNL may, by not less than 30 (thirty) days� written notice of

termination to the Consultant, such notice to be given after the

occurrence of any of the

this Agreement if:

(a) the Consultant fails to remedy any breach hereof or any failure in

the performance of its obligations hereunder, as specified in a

notice of suspension pursuant to Clause 2.8 hereinabove,

(thirty) days of receipt of such notice of suspension or within such

further period as the SSNNL may have subsequently granted in

writing;

(b) the Consultant becomes insolvent or bankrupt or enters into any

agreement with its creditors for relief of

any law for the benefit of debtors or goes into liquidation or

receivership whether compulsory or voluntary;

(c) the Consultant fails to comply with any final decision reached as a

result of arbitration proceedings pursuant to Clause



Suspension of Agreement

The SSNNL may, by written notice of suspension to the Consultant,







30 (thirty) days after receipt by the Consultant of such notice of

Termination of Agreement



occurrence of any of the events specified in this Clause 2.9.1, terminate

the Consultant fails to remedy any breach hereof or any failure in


notice of suspension pursuant to Clause 2.8 hereinabove,



the Consultant becomes insolvent or bankrupt or enters into any

agreement with its creditors for relief of debt or take advantage of


receivership whether compulsory or voluntary;

the Consultant fails to comply with any final decision reached as a

result of arbitration proceedings pursuant to Clause 9 hereof;

107 | P a g e



written notice of suspension to the Consultant,







y the Consultant of such notice of



events specified in this Clause 2.9.1, terminate

the Consultant fails to remedy any breach hereof or any failure in


notice of suspension pursuant to Clause 2.8 hereinabove, within 30



the Consultant becomes insolvent or bankrupt or enters into any

debt or take advantage of


the Consultant fails to comply with any final decision reached as a

9 hereof;

(d) the Consultant submits to the SSNNL a statement which has a

material effect on the rights, obligations or interests of the SSNNL

and which the Consultant knows to be false;

(e) any document, information, data or statement submitted by the

Consultant in its Proposals, based on which the Consultant was

considered eligible or successful, is found to be false, incorrect or

misleading;

(f) as the result of Force Majeure, the Consultant is unable to perform

a material portion of the Services for a period of not

(sixty) days; or

(g) the SSNNL, in its sole discretion and for any reason whatsoever,

decides to terminate this Agreement.

(h) the SSNNL, in its sole discretion

wherein, the work�s contract is not awarded

whatsoever,

as per the terms and conditions of the work contract

2.9.2 By the Consultant

The Consultant may, by not less than 30 (thirty) days� written notice to

the SSNNL, such notice to be

events specified in this Clause 2.9.2, terminate this Agreement if:

(a) the SSNNL fails to pay any money due to the Consultant pursuant

to this Agreement and not subject to dispute pursuant to Clause 9

hereof within 45

the Consultant that such payment is overdue;

(b) the SSNNL is in material breach of its obligations pursuant to this

Agreement and has not remedied the same within 45 (forty five)

days (or such longer perio

subsequently granted in writing) following the receipt by the SSNNL

of the Consultant�s notice specifying such breach;

(c) as the result of Force Majeure, the Consultant is unable to perform

a material portion of the Services for a

(sixty) days; or

the Consultant submits to the SSNNL a statement which has a


and which the Consultant knows to be false;

any document, information, data or statement submitted by the

in its Proposals, based on which the Consultant was


as the result of Force Majeure, the Consultant is unable to perform

a material portion of the Services for a period of not

(sixty) days; or

the SSNNL, in its sole discretion and for any reason whatsoever,

decides to terminate this Agreement.

the SSNNL, in its sole discretion may terminate part of th

, the work�s contract is not awarded for any re

or the respective contractor fails to perform his duties

as per the terms and conditions of the work contract.

By the Consultant


the SSNNL, such notice to be given after the occurrence of any of the


the SSNNL fails to pay any money due to the Consultant pursuant


hereof within 45 (forty five) days after receiving written notice from

the Consultant that such payment is overdue;

the SSNNL is in material breach of its obligations pursuant to this


days (or such longer period as the Consultant may have


of the Consultant�s notice specifying such breach;


a material portion of the Services for a period of not less than 60

(sixty) days; or

108 | P a g e

the Consultant submits to the SSNNL a statement which has a


any document, information, data or statement submitted by the

in its Proposals, based on which the Consultant was



less than 60

the SSNNL, in its sole discretion and for any reason whatsoever,

may terminate part of that package

for any reason

fails to perform his duties


given after the occurrence of any of the


the SSNNL fails to pay any money due to the Consultant pursuant


(forty five) days after receiving written notice from

the SSNNL is in material breach of its obligations pursuant to this


d as the Consultant may have



period of not less than 60

(d) the SSNNL fails to comply with any final decision reached as a result

of arbitration pursuant to Clause 9 hereof.

2.9.3 Cessation of rights and obligations

Upon termination of this Agreement pursuant to Clauses

or upon expiration of this Agreement pursuant to Clause 2.4 hereof, all

rights and obligations ofthe Parties hereunder shall cease, except (i) such

rights and obligations as may have accrued on the date of termination or

expiration, or which expressly survive such Termination; (ii) the obligation

of confidentiality set forth in Clause 3.3 hereof; (iii) the Consultant�s

obligation to permit inspection, copying and auditing of such of its

accounts and records set forth in Clause 3.6, as rel

Services provided under this Agreement; and (iv) any right or remedy

which a Party may have under this Agreement or the Applicable Law.

2.9.4 Cessation of Services

Upon termination of this Agreement by notice of either Party to the

pursuant to Clauses 2.9.1 or 2.9.2 hereof, the Consultant 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 k

to a minimum. With respect to documents prepared by the Consultant and

equipment and materials furnished by the SSNNL, the Consultant shall

proceed as provided respectively by Clauses 3.9 or 3.10 hereof.

2.9.5 Payment upon Termination

Upon termination of this Agreement pursuant to Clauses 2.9.1 or 2.9.2

hereof, the SSNNL shall make the following payments to the Consultant

(after offsetting against these payments any amount that may be due

from the Consultant to the SSNNL):

(i) Remuneration

performed prior to the date of termination;

(ii) Reimbursable

expenditures actually incurred prior to the date of termination; and

the SSNNL fails to comply with any final decision reached as a result

of arbitration pursuant to Clause 9 hereof.

Cessation of rights and obligations

Upon termination of this Agreement pursuant to Clauses 2.3 or 2.9 hereof,




hich expressly survive such Termination; (ii) the obligation



accounts and records set forth in Clause 3.6, as relate to the Consultant�s



Cessation of Services

Upon termination of this Agreement by notice of either Party to the




shall make every reasonable effort to keep expenditures for this purpose




Termination




from the Consultant to the SSNNL):

Remuneration pursuant to Clause 6 hereof for Services satisfactorily

performed prior to the date of termination;

Reimbursable expenditures pursuant to Clause 6 hereof for


109 | P a g e

the SSNNL fails to comply with any final decision reached as a result

2.3 or 2.9 hereof,




hich expressly survive such Termination; (ii) the obligation



ate to the Consultant�s



Upon termination of this Agreement by notice of either Party to the other




eep expenditures for this purpose







pursuant to Clause 6 hereof for Services satisfactorily

expenditures pursuant to Clause 6 hereof for


(ii) Except in the case of termination pursuant to sub

through (e) of Clause 2.9.1 hereof, reimbursement of any

reasonable cost incidental to the prompt and orderly termination of

the Agreement including the cost of the return travel of the

Consultant�s

2.9.6 Disputes about Events of Termination

If either Party disputes whether an event specified in Clause 2.9.1 or in

Clause 2.9.2 hereof has occurred, such Party may, within 30 (thirty) days

after receipt of notice of termination from the other

to arbitration pursuant to Clause 9hereof, and this Agreement shall not be

terminated on account of such event except in accordance with the terms

of any resulting arbitral award.

3. OBLIGATIONS OF THE CONSULTANT

3.1 General

3.1.1 Standards of Performance

The Consultant shall perform the Services and carry out its obligations

hereunder 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 Consultant shall always act, in respect of any matter

relating to this Agreement or to the Services, as a faithfu

SSNNL, and shall at all times support and safeguard the SSNNL�s

legitimate interests in any dealings with Sub

3.1.2 Terms of Reference

The scope of services to be performed by the Consultant is specified in th

Terms of Reference (the �

Consultant shall provide the Deliverables specified therein in conformity

with the time schedule stated

in the case of termination pursuant to sub




Consultant�s personnel.

2.9.6 Disputes about Events of Termination



after receipt of notice of termination from the other Party, refer the matter



of any resulting arbitral award.

OBLIGATIONS OF THE CONSULTANT

Standards of Performance




sound management practices, and employ appropriate advanced



relating to this Agreement or to the Services, as a faithful adviser to the


legitimate interests in any dealings with Sub-Consultants or Third Parties.

Terms of Reference

The scope of services to be performed by the Consultant is specified in th

Terms of Reference (the �TOR�) at Schedule I of this Agreement. The


with the time schedule stated therein. In case if SSNNL requires

110 | P a g e

in the case of termination pursuant to sub-clauses (a)






Party, refer the matter






sound management practices, and employ appropriate advanced



l adviser to the


Consultants or Third Parties.

The scope of services to be performed by the Consultant is specified in the

of this Agreement. The


case if SSNNL requires

consultant�s services for unforeseen tasks that are not covered and

prescribed in the Terms of Reference, the Consultant shall carry out such

tasks and the additional price shall be mutually agreed separately.

3.1.3 Applicable Laws

The Consultant shall pe

Applicable Laws and shall take all practicable steps to ensure that any

Sub-Consultant, as well as the Personnel and agents of the Consultant and

any Sub-Consultant, comply with the Applicable Laws.


3.2.1 The Consultant shall not have a Conflict of Interest and any breach

hereof shall constitute a breach of the Agreement.

3.2.2 Consultant and Affiliates not to be otherwise interested in the Project

The Consultant agrees that, during the term of this

its termination, the Consultant or any Associate thereof and any entity

affiliated with the Consultant, as well as any Sub

entity affiliated with such Sub

providing goods, works,

inform or closely related to the Services and any breach of this obligation

shall amount to a Conflict of Interest; provided that the restriction herein

shall not apply after a period of five years from the

assignment or to consulting assignments granted by banks/ lenders at any

time; provided further that this restriction shall not apply to consultancy/

advisory services provided to the SSNNL in continuation of this

Consultancy or to any

to the SSNNL in accordance with the rules of the SSNNL. For the

avoidance of doubt, an entity affiliated with the Consultant shall include a

partner in the Consultant�s firm or a person who holds more than

per cent) of the subscribed and paid up share capital of the Consultant, as

the case may be, and any Associate thereof.

3.2.3 Prohibition of conflicting activities




The Consultant shall perform the Services in accordance with the


Consultant, as well as the Personnel and agents of the Consultant and

Consultant, comply with the Applicable Laws.

Interest

The Consultant shall not have a Conflict of Interest and any breach

hereof shall constitute a breach of the Agreement.

Consultant and Affiliates not to be otherwise interested in the Project

The Consultant agrees that, during the term of this Agreement and after


affiliated with the Consultant, as well as any Sub-Consultant and any

entity affiliated with such Sub-Consultant, shall be disqualified from

providing goods, works, services, loans or equity for any project result

or closely related to the Services and any breach of this obligation


shall not apply after a period of five years from the completion of this




Consultancy or to any subsequent consultancy/ advisory services provided



partner in the Consultant�s firm or a person who holds more than


the case may be, and any Associate thereof.

Prohibition of conflicting activities

111 | P a g e




rform the Services in accordance with the


Consultant, as well as the Personnel and agents of the Consultant and

The Consultant shall not have a Conflict of Interest and any breach

Consultant and Affiliates not to be otherwise interested in the Project

Agreement and after


Consultant and any

Consultant, shall be disqualified from

services, loans or equity for any project result

or closely related to the Services and any breach of this obligation


completion of this




subsequent consultancy/ advisory services provided



partner in the Consultant�s firm or a person who holds more than 5% (five


Neither the Consultant nor its Sub

of them shall engage, either directly or indirectly, in any of the following

activities:

(a) during the term of this Agreement, any business or professional

activities which would conflict with the activities assigned to them

under this Agreement;

(b) after the terminatio

be specified in the Agreement; or

(c) at any time, such other activities as have been specified in the RFP

as Conflict of Interest

3.2.4 Consultant not to benefit from commissions, discounts, etc.

The remuneration of the Consultant pursuant to Clause 6 hereof shall

constitute the Consultant�s sole remuneration in connection with this

Agreement or the Services and the Consultant shall not accept for its own

benefit any trade commission, discount or similar paym

with activities pursuant to this Agreement or to the Services or in the

discharge of its obligations hereunder, and the Consultant shall use its

best efforts to ensure that any Sub

and agents of either

additional remuneration.

3.2.5 The Consultant and its Personnel shall observe the highes

ethics and shall not have engaged in and shall not hereafter engage in

any corrupt practice, fraudulent

practice or restrictive practice (collectively the

Notwithstanding anything to

SSNNL shall be entitled to terminate this Agreement forthwith by

communication in writing to the Consultant, without being liable in any

manner whatsoever to the Consultant, if it determines that the Consultant

has, directly or indirectly or through an agent, engaged in any Prohibited

Practices in the Selection Process

Agreement. In such an event, the SSNNL shall forfeit and appropriate the

Neither the Consultant nor its Sub-Consultant nor the Personnel of either

shall engage, either directly or indirectly, in any of the following

during the term of this Agreement, any business or professional


under this Agreement;

after the termination of this Agreement, such other activities as may

be specified in the Agreement; or

at any time, such other activities as have been specified in the RFP

as Conflict of Interest.

Consultant not to benefit from commissions, discounts, etc.

ation of the Consultant pursuant to Clause 6 hereof shall



benefit any trade commission, discount or similar payment in connection



best efforts to ensure that any Sub-Consultant, as well as the Personnel

and agents of either of them, similarly shall not receive any such

additional remuneration.

The Consultant and its Personnel shall observe the highest standards of

not have engaged in and shall not hereafter engage in

ny corrupt practice, fraudulent practice, coercive practice, undesirable

tive practice (collectively the �Prohibited Practices

anything to the contrary contained in this Agreement, the

SSNNL shall be entitled to terminate this Agreement forthwith by

in writing to the Consultant, without being liable in any



Practices in the Selection Process or before or after entering into of this


112 | P a g e

Consultant nor the Personnel of either

shall engage, either directly or indirectly, in any of the following

during the term of this Agreement, any business or professional


n of this Agreement, such other activities as may

at any time, such other activities as have been specified in the RFP

Consultant not to benefit from commissions, discounts, etc.

ation of the Consultant pursuant to Clause 6 hereof shall



ent in connection



Consultant, as well as the Personnel

of them, similarly shall not receive any such

t standards of

not have engaged in and shall not hereafter engage in

practice, coercive practice, undesirable

Prohibited Practices�).

Agreement, the

SSNNL shall be entitled to terminate this Agreement forthwith by a

in writing to the Consultant, without being liable in any



or before or after entering into of this


performance security, if any, as mutually agreed genuine pre

compensation and damages payable to the SSNNL towards,

time, cost and effort of the SSNNL, without prejudice to the SSNNL�s any

other rights or remedy hereunder or in law.

3.2.6 Without prejudice to the rights of the SSNNL under Clause 3.2.5 above

and the other rights and remedies which the SSNNL may have under thi

Agreement, if the Consultant is found by the SSNNL to have directly or

indirectly or through an agent, engaged or indulged in any Prohibited

Practices, during the Selection Process or before or after the execution of

this Agreement, the Consultant shall

tender or RFP issued during a period of 2 (two) years from the date the

Consultant is found by the SSNNL to have directly or indirectly or through

an agent, engaged or indulged in any Prohibited Practices.

3.2.7 For the purposes of Clauses 3.2.5 and 3.2.6, the following terms shall

have the meaning hereinafter respectively assigned to them:

(a) �corrupt practice


actions of any person connected with the Selection Process (for

removal of doubt, offering of employment or employing or engaging

in any manner whatsoever, directly or indirectly, any official of the

SSNNL who is or has been associated in any manner, directly or

indirectly with Selection Process or LOA or dealing with matters

concerning the Agreement before or after the execution thereof, at

any time prior to the expiry of one year from the date such official

resigns or retires from or otherwise ceases to be in the service of

the SSNNL, shall be deemed to constitute influencing the actions of

a person connected with the Selection Process); or

any manner whatsoever, whether during the Selection Process or

after the issue of LOA or after the execution of the Agreement, as

the case may be, any person in respect of any matter relating to the

Project or the LOA or the Agreement, who

is a legal, financial or technical adviser the SSNNL in relation to any

performance security, if any, as mutually agreed genuine pre

compensation and damages payable to the SSNNL towards, inter alia,


other rights or remedy hereunder or in law.

Without prejudice to the rights of the SSNNL under Clause 3.2.5 above

and the other rights and remedies which the SSNNL may have under thi




this Agreement, the Consultant shall not be eligible to participate in any



an agent, engaged or indulged in any Prohibited Practices.

oses of Clauses 3.2.5 and 3.2.6, the following terms shall

have the meaning hereinafter respectively assigned to them:

corrupt practice� means the offering, giving, receiving or




nner whatsoever, directly or indirectly, any official of the







a person connected with the Selection Process); or (ii) engaging in




Project or the LOA or the Agreement, who at any time has been or


113 | P a g e

performance security, if any, as mutually agreed genuine pre-estimated

inter alia, the


Without prejudice to the rights of the SSNNL under Clause 3.2.5 above

and the other rights and remedies which the SSNNL may have under this




not be eligible to participate in any



oses of Clauses 3.2.5 and 3.2.6, the following terms shall

� means the offering, giving, receiving or




nner whatsoever, directly or indirectly, any official of the







(ii) engaging in




at any time has been or


matter concerning the Project;

(b) �fraudulent practice

facts or suppression of facts or disclosure of incomplete facts,

order to influence the Selection Process;

(c) �coercive practice

to impair or harm, directly or indirectly, any person or property to


Process or the

by the SSNNL under this Agreement;

(d) �undesirable practice


the objective of canvassing, lobbying


Conflict of Interest; and�

cartel or arriving at any understanding or arrangement among

Applicants with the objective of

fair competition in the Selection Process.

3.3 Confidentiality

The Consultant, its Sub

shall not, either during the term or within two years after the expiration or

termination of this Agreement disclose any proprietary information,

including information relating to reports, data, drawings, design software

or other material, whether written or oral, in electronic or magnetic

format, and the contents thereof; and any

created or derived from any of the foregoing that is provided by the

SSNNL to the Consultant, its Sub

information provided by or relating to the SSNNL, its technology, technical

processes, business affairs or finances or any information relating to the

SSNNL�s employees, officers or other professionals or suppliers,

customers, or contractors of the SSNNL; and any other information which

the Consultant is under an obligation to keep confidentia

matter concerning the Project;

fraudulent practice� means a misrepresentation or omission of

facts or suppression of facts or disclosure of incomplete facts,

order to influence the Selection Process;

coercive practice� means impairing or harming, or threatening



Process or the exercise of its rights or performance of its obligations

by the SSNNL under this Agreement;

undesirable practice� means (i) establishing contact with any


the objective of canvassing, lobbying or in any manner influencing


Conflict of Interest; and� restrictive practice� means forming a


Applicants with the objective of restricting or manipulating a full and

fair competition in the Selection Process.

The Consultant, its Sub-Consultants and the Personnel of either of them





format, and the contents thereof; and any reports, digests or summaries


SSNNL to the Consultant, its Sub-Consultants and the Personnel; any


siness affairs or finances or any information relating to the



the Consultant is under an obligation to keep confidential in relation to the

114 | P a g e

� means a misrepresentation or omission of

facts or suppression of facts or disclosure of incomplete facts, in

� means impairing or harming, or threatening



exercise of its rights or performance of its obligations

� means (i) establishing contact with any


or in any manner influencing


� means forming a


restricting or manipulating a full and

Consultants and the Personnel of either of them





reports, digests or summaries


Consultants and the Personnel; any


siness affairs or finances or any information relating to the



l in relation to the

Project, the Services or this Agreement (�

without the prior written consent of the SSNNL.

Notwithstanding the aforesaid, the Consultant, its Sub

the Personnel of either of them may disclose

the extent that such Confidential Information:

(i) was in the public domain prior to its delivery to the Consultant, its

Sub-Consultants and the Personnel of either of them or becomes a

part of the public knowledge from a sourc

Consultant, its Sub

(ii) was obtained from a third party with no known duty to maintain its

confidentiality;

(iii) is required to be disclosed by Applicable Laws or judicial or

administrative or arbitral process or by any governmental

instrumentalities, provided that for any such disclosure, the

Consultant, its Sub

shall give the SSNNL, prompt written notice, and use reasonable

efforts to ens

treatment; and

(iv) is provided to the professional advisers, agents, auditors or

representatives of the Consultant or its Sub

Personnel of either of them, as is reasonable under the

circumstances; provided, however, that the Consultant or its Sub

Consultants or Personnel of either of them, as the case may be,

shall require their professional advisers, agents, auditors or its

representatives, to undertake in writing to keep such Confidential

Information, confidential and shall use its best efforts to ensure

compliance with such undertaking.

3.4 Liability of the Consultant

3.4.1 The Consultant�s liability under this Agreement shall be determined by the

Applicable Laws and the provisions hereof.

Project, the Services or this Agreement (�Confidential Information

without the prior written consent of the SSNNL.

Notwithstanding the aforesaid, the Consultant, its Sub-Consultants and

the Personnel of either of them may disclose Confidential Information to

the extent that such Confidential Information:

was in the public domain prior to its delivery to the Consultant, its

Consultants and the Personnel of either of them or becomes a

part of the public knowledge from a source other than the

Consultant, its Sub-Consultants and the Personnel of either of them;


confidentiality;

is required to be disclosed by Applicable Laws or judicial or

tive or arbitral process or by any governmental


Consultant, its Sub-Consultants and the Personnel of either of them


efforts to ensure that such disclosure is accorded confidential

treatment; and

is provided to the professional advisers, agents, auditors or

representatives of the Consultant or its Sub-Consultants or


tances; provided, however, that the Consultant or its Sub





compliance with such undertaking.

3.4 Liability of the Consultant

The Consultant�s liability under this Agreement shall be determined by the

Applicable Laws and the provisions hereof.

115 | P a g e

Confidential Information�),

Consultants and

Confidential Information to

was in the public domain prior to its delivery to the Consultant, its

Consultants and the Personnel of either of them or becomes a

e other than the

Consultants and the Personnel of either of them;


is required to be disclosed by Applicable Laws or judicial or

tive or arbitral process or by any governmental


Consultants and the Personnel of either of them


ure that such disclosure is accorded confidential

is provided to the professional advisers, agents, auditors or

Consultants or


tances; provided, however, that the Consultant or its Sub-





The Consultant�s liability under this Agreement shall be determined by the

3.4.2 The Consultant shall, subject to the limitation specified in Clause 3.4.3, be

liable to the SSNNL for any direct loss or damage accrued or likely to

accrue due to deficiency in Services rendered by it.

3.4.3 The Parties hereto agree that in case of negligence or

on the part of the Consultant or on the part of any person or firm acting

on behalf of the Consultant in carrying out the Services, the Consultant,

with respect to damage caused to the SSNNL�s property, shall not be liable

to the SSNNL:

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

(ii) for any direct loss or damage that exceeds (a) the Agreement Value

set forth in Clause 6.1.2 of this Agreement, or (b) the proceeds the

Consultant may be entitled to receive from any insu

maintained by the Consultant to cover such a liability in accordance

with Clause 3.5.2, whichever of (a) or (b) is higher.

3.4.4 This limitation of liability specified in Clause 3.4.3 shall not aff

Consultant�s liability,

Consultant or any person or firm acting

carrying out the Services subject, however, to a limit equal

to 3 (three) times the Agreement Value.


3.5.1 (a) The Consultant shall, for the duration of this Agreement, take out

and maintain

maintain, at its (or the Sub

cost, but on terms and conditions approved by

insurance against the risks, and for the coverage, as specified in the

Agreement and in accordance with good industry practice.

(b) Within 15 (fifteen) days of receiving any insurance policy certificate

in respect of insurances required to be obtai

under this clause, the Consultant shall furnish to the SSNNL, copies

of such policy certificates, copies of the insurance policies and

evidence that the insurance premia have been paid in respect of

The Consultant shall, subject to the limitation specified in Clause 3.4.3, be


accrue due to deficiency in Services rendered by it.

The Parties hereto agree that in case of negligence or willful misconduct




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

for any direct loss or damage that exceeds (a) the Agreement Value


Consultant may be entitled to receive from any insu


with Clause 3.5.2, whichever of (a) or (b) is higher.

This limitation of liability specified in Clause 3.4.3 shall not aff

Consultant�s liability, if any, for damage to Third Parties caused by the

Consultant or any person or firm acting on behalf of the Consultant in


to 3 (three) times the Agreement Value.


(a) The Consultant shall, for the duration of this Agreement, take out

and maintain ,and shall cause any Sub-Consultant to take out and

maintain, at its (or the Sub-Consultant�s, as the case may be) own

cost, but on terms and conditions approved by



Within 15 (fifteen) days of receiving any insurance policy certificate

in respect of insurances required to be obtained and maintained




116 | P a g e

The Consultant shall, subject to the limitation specified in Clause 3.4.3, be


willful misconduct




for any direct loss or damage that exceeds (a) the Agreement Value


Consultant may be entitled to receive from any insurance


This limitation of liability specified in Clause 3.4.3 shall not affect the

Third Parties caused by the

on behalf of the Consultant in


(a) The Consultant shall, for the duration of this Agreement, take out

Consultant to take out and

Consultant�s, as the case may be) own

the SSNNL,



Within 15 (fifteen) days of receiving any insurance policy certificate

ned and maintained




such insurance. No insurance shall be

allowed to expire or lapse during the term of this Agreement.

(c) If the Consultant fails to effect and keep in force the aforesaid

insurances for which it is responsible pursuant hereto, the SSNNL

shall, apart from having other recourse

Agreement, have the option, without prejudice to the obligations of

the Consultant, to take out the aforesaid insurance, to keep in force

any such insurances, and pay such premia and recover the costs

thereof from the Consultant, and

pay such amounts on demand by the SSNNL.

(d) Except in case of Third Party liabilities, the insurance policies so

procured shall mention the SSNNL as the beneficiary of the

Consultant and the Consultant shall procure an undert

insurance company to this effect; provided that in the event the

Consultant has a general insurance policy that covers the risks

specified in this Agreement and the amount of insurance cover is

equivalent to 3 (three) times the cover require

insurance policy may not mention the SSNNL as the sole beneficiary

of the Consultant or require an undertaking to that effect.

3.5.2 The Parties agree that the risks and coverages shall in

limited to the following:

(a) Third Party liability insurance as required under Applicable Laws

(b) employer�s liability and workers� compensation insurance in respect

of the Personnel of the Consultant and of any Sub

accordance with Applicable Laws; and

(c) professional liability insurance for an amount no less than the

Agreement Value

3.6 Accounting, inspection and auditing

keep accurate and systematic accounts and records in respect of the

Services provided under this Agreement, in accordance with internationally

accepted accounting principles and in such form and detail as will clearly

such insurance. No insurance shall be cancelled, modified or


If the Consultant fails to effect and keep in force the aforesaid


shall, apart from having other recourse available under this




thereof from the Consultant, and the Consultant shall be liable to

pay such amounts on demand by the SSNNL.

Except in case of Third Party liabilities, the insurance policies so


Consultant and the Consultant shall procure an undertaking from the




equivalent to 3 (three) times the cover required hereunder, such



The Parties agree that the risks and coverages shall include but not be

following:

Third Party liability insurance as required under Applicable Laws

employer�s liability and workers� compensation insurance in respect

of the Personnel of the Consultant and of any Sub-Consultant, in

accordance with Applicable Laws; and

l liability insurance for an amount no less than the

Agreement Value

Accounting, inspection and auditing




117 | P a g e

cancelled, modified or


If the Consultant fails to effect and keep in force the aforesaid


available under this




the Consultant shall be liable to

Except in case of Third Party liabilities, the insurance policies so


aking from the




d hereunder, such



clude but not be

Third Party liability insurance as required under Applicable Laws.

employer�s liability and workers� compensation insurance in respect

Consultant, in

l liability insurance for an amount no less than the




identify all relevant time charges and

the basis of the Consultant�s costs and charges); and

its designated representative periodically, and up to one year from the

expiration or termination of this Agreement, to inspect the same and ma

copies thereof as well as to have them audited by auditors appointed by

the SSNNL

3.7 Consultant�s actions requiring the SSNNL�s prior approval

The Consultant shall obtain the SSNNL�s prior approval in writing before

taking any of the following actions

(a) Appointing such members of the Professional Personnel as are not

listed in Performa

(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 conditi

have been approved in writing by the SSNNL prior to the execution

of the subcontract, and (ii) that the Consultant shall remain fully

liable for the performance of the Services by the Sub

its Personnel pursuant t

(c) any other action that is specified in this Agreement

3.8 Reporting obligations

The Consultant shall submit to the SSNNL the reports and documents

specified in the Agreement, in the form, in the numbers and within the

time periods set forth therein.

3.9 Documents prepared by the Consultant to be property of the

SSNNL

3.9.1 All plans, drawings, specifications, designs, reports and other documents

(collectively referred to as �

Consultant (or by the Sub

the Services shall become and remain the property of the SSNNL, and all

identify all relevant time charges and cost, and the basis thereof (including

the basis of the Consultant�s costs and charges); and permit the SSNNL or


expiration or termination of this Agreement, to inspect the same and ma


Consultant�s actions requiring the SSNNL�s prior approval


taking any of the following actions

such members of the Professional Personnel as are not

Performa 13.

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



liable for the performance of the Services by the Sub-Consultant and

its Personnel pursuant to this Agreement; or

any other action that is specified in this Agreement

Reporting obligations



forth therein.

Documents prepared by the Consultant to be property of the

All plans, drawings, specifications, designs, reports and other documents

(collectively referred to as �Consultancy Documents�) prepared by the

Consultant (or by the Sub-Consultants or any Third Party) in performing


118 | P a g e

cost, and the basis thereof (including

permit the SSNNL or


expiration or termination of this Agreement, to inspect the same and make


Consultant�s actions requiring the SSNNL�s prior approval


such members of the Professional Personnel as are not

entering into a subcontract for the performance of any part of the

Services, it being understood (i) that the selection of the Sub-

ons of the subcontract shall



Consultant and



Documents prepared by the Consultant to be property of the

All plans, drawings, specifications, designs, reports and other documents

�) prepared by the

onsultants or any Third Party) in performing


intellectual property rights in such Consultancy Documents shall vest with

the SSNNL. Any Consultancy Document, of which the ownership or t

intellectual property rights do not vest with the SSNNL under law, shall

automatically stand assigned to the SSNNL as and when such Consultancy

Document is created and the Consultant agrees to execute all papers and

to perform such other acts as the SSN

its rights herein assigned by the Consultant.

3.9.2 The Consultant shall, not later than termination or expiration of this

Agreement, deliver all Consultancy Documents to the SSNNL, together

with a detailed inventory thereof. The

such Consultancy Documents. The Consultant, its Sub

Third Party shall not use these Consultancy Documents for purposes

unrelated to this Agreement without the prior written approval of the

SSNNL.

3.9.3 The Consultant shall hold the SSNNL harmless and indemnified for any

losses, claims, damages, expenses (including all legal expenses), awards,

penalties or injuries (collectively referred to as �claims�) which may arise

from or due to any unauthorized use of such Con

due to any breach or failure on part of the Consultant or its Sub

Consultants or a Third Party to perform any of its duties or obligations in

relation to securing the aforementioned rights of the SSNNL.

3.10 Equipment and materials

Equipment and materials made available to the Consultant by the SSNNL

shall be the property of the SSNNL and shall be marked accordingly. Upon

termination or expiration of this Agreement, the Consultant shall furnish

forthwith to the SSNNL, an inventory of such equipment and materials and

shall dispose of such equipment and materials in accordance with the

instructions of the SSNNL. While in possession of such equipmentand

materials, the Consultant shall, unless otherwise instructed b

in writing, insure them in an amount equal to their full replacement value.


the SSNNL. Any Consultancy Document, of which the ownership or t




to perform such other acts as the SSNNL may deem necessary to secure

its rights herein assigned by the Consultant.

The Consultant shall, not later than termination or expiration of this


with a detailed inventory thereof. The Consultant may retain a copy of

such Consultancy Documents. The Consultant, its Sub-Consultants or a



ant shall hold the SSNNL harmless and indemnified for any



from or due to any unauthorized use of such Consultancy Documents, or

due to any breach or failure on part of the Consultant or its Sub


relation to securing the aforementioned rights of the SSNNL.

Equipment and materials furnished by the SSNNL




SSNNL, an inventory of such equipment and materials and



materials, the Consultant shall, unless otherwise instructed b


119 | P a g e


the SSNNL. Any Consultancy Document, of which the ownership or the




NL may deem necessary to secure

The Consultant shall, not later than termination or expiration of this


Consultant may retain a copy of

Consultants or a



ant shall hold the SSNNL harmless and indemnified for any



sultancy Documents, or

due to any breach or failure on part of the Consultant or its Sub-





SSNNL, an inventory of such equipment and materials and



materials, the Consultant shall, unless otherwise instructed by the SSNNL


3.11 Providing access to Project Office and Personnel

The Consultant shall ensure that the SSNNL, and officials of the SSNNL

having SSNNL from the SSNNL, are

Project Office and to all Personnel during office hours. The SSNNL�s

official, who has been authorized by the SSNNL in this behalf, shall have

the right to inspect the Services in progress, interact with Personnel of the

Consultant and verify the records relating to the Services for his

satisfaction.

3.12. Accuracy of Documents

The Consultant shall be responsible for accuracy of the data collected by it

directly or procured from other agencies/authorities, the designs,

drawings, estimates and all other details prepared by it as part of these

services. Subject to the provisions of Clause 3.4, it shall indemnify the

SSNNL against any inaccuracy in its work which might surface during

implementation of the Project, if such

negligence or inadequate due diligence on part of the Consultant or arises

out of its failure to conform to good industry practice. The Consultant shall

also be responsible for promptly correcting, at its own cost and risk,

drawings including any re

4. CONSULTANT�S PERSONNEL ANDSUB

4.1 General

The Consultant shall employ and provide such qualified and experienced

Personnel as may be required to carry out the Services.

4.2 Deployment of Personnel

4.2.1 The designations, names and the estimated periods of engagement in

carrying out the Services by each of the Consultant�s Personnel are

described in Table-

man-day rates are specified in

4.2.2 If additional work is required beyond the scope of the Services specified in

Providing access to Project Office and Personnel


having SSNNL from the SSNNL, are provided unrestricted access to the





3.12. Accuracy of Documents






implementation of the Project, if such inaccuracy is the result of any



also be responsible for promptly correcting, at its own cost and risk,

drawings including any re-survey / investigations.

CONSULTANT�S PERSONNEL ANDSUB-CONSULTANTS


Personnel as may be required to carry out the Services.

ersonnel

The designations, names and the estimated periods of engagement in


-1 of schedule-1 . The estimate of Personnel costs and

rates are specified in Performa 13 of this Agreement.

If additional work is required beyond the scope of the Services specified in

120 | P a g e


provided unrestricted access to the










inaccuracy is the result of any



also be responsible for promptly correcting, at its own cost and risk, the


The designations, names and the estimated periods of engagement in


. The estimate of Personnel costs and

of this Agreement.

If additional work is required beyond the scope of the Services specified in

the Terms of Reference, the estimated periods of engagement of

Personnel, set forth in the Annexes of the Agreement may be increased by

agreement in writing

that any such increase shall not, except as otherwise agreed, cause

payments under this Agreement to exceed the Agreement Value set forth

in Clause 6.1.2.

4.3 Approval of Personnel

4.3.1 The Professional Personnel

approved by the SSNNL. No other Professional Personnel shall be engaged

without prior approval of the SSNNL.

4.3.2 If the Consultant hereafter proposes to engage any person as Professional

Personnel, it shall submit

such person in the form provided at Appendix

the SSNNL may approve or reject such proposal within 14 (fourteen) days

of receipt thereof. In case the proposal is rejected, the Consulta

propose an alternative person for the SSNNL�s consideration. In the event

the SSNNL does not reject a proposal within 14 (fourteen) days of the

date of receipt thereof under this Clause 4.3, it shall be deemed to have

been approved by the SSNNL.

4.4 Working hours, overtime, leave, etc.

The Personnel shall not be entitled to be paid for overtime nor to take

paid sick leave or vacation leave except as specified in the Agreement,

and the Consultant�s remuneration shall be deemed to cover these items.

All leave to be allowed to the Personnel is excluded from the mandays of

service set forth in Annex

period exceeding 7 (seven) days shall be subject to the prior approval of

the SSNNL, and the Consultant shall

not delay the progress and quality of the Services.

4.5 Resident Team Leader and Project Manager



agreement in writing between the SSNNL and the Consultant, provided



Approval of Personnel

The Professional Personnel listed in Annex-2 of the Agreement are hereby


without prior approval of the SSNNL.

If the Consultant hereafter proposes to engage any person as Professional

Personnel, it shall submit to the SSNNL its proposal along with a CV of

such person in the form provided at Appendix-I (Proforma-12) of the RFP.


of receipt thereof. In case the proposal is rejected, the Consulta




been approved by the SSNNL.

Working hours, overtime, leave, etc.





service set forth in Annex-2. Any taking of leave by any Personnel for a


the SSNNL, and the Consultant shall ensure that any absence on leave will

not delay the progress and quality of the Services.

Resident Team Leader and Project Manager

121 | P a g e



between the SSNNL and the Consultant, provided



2 of the Agreement are hereby


If the Consultant hereafter proposes to engage any person as Professional

to the SSNNL its proposal along with a CV of

12) of the RFP.


of receipt thereof. In case the proposal is rejected, the Consultant may








2. Any taking of leave by any Personnel for a


ensure that any absence on leave will

The person designated as the Team Leader of the Consultant�s Personnel

shall be responsible for the coordinated, timely

the Personnel. In addition, the Consultant shall designate a suitable

person as Project Manager (the �

responsible for day to day performance of the Services.

4.6 Sub-Consultants

Sub-Consultants listed in Annex

by the SSNNL. The Consultant may, with prior written approval of the

SSNNL, engage additional Sub

Consultant. The hiring of Personnel by the Sub

subject to the same conditions as applicable to Personnel of the

Consultant under this Clause 4.

4.7 CONSULTANT�S OFFICE

The Consultant shall establish a Project Office at a suitable location in the

Project area for efficient and coordinated perfor

Key Personnel shall be deployed at this office as specified in the Manning

Schedule forming part of the Agreement. The authorised officials of the

Authority may visit the Consultant�s Project Office any time during office hou

for inspection and interaction with the Consultant�s Personnel. It is not

expected of the Consultant to carry out the operations from the Head/Home

Office.

The Consultant shall mobilize and demobilize its Professional Personnel and

Support Personnel with the concurrence of the Authority and shall maintain the

time sheet/ attendance sheet of the working of all Personnel in the Project

Office. These time sheets/ attendance sheets shall be made available to the

Authority as and when asked for and a copy

to the Authority at the end of each calendar month

5. OBLIGATIONS OF THE SSNNL


Unless otherwise specified in the Agreement, the SSNNL shall make best

efforts to ensure that the Government shall:


shall be responsible for the coordinated, timely and efficient functioning of


person as Project Manager (the �Project Manager�) who shall be

responsible for day to day performance of the Services.

Consultants

isted in Annex-4 of this Agreement are hereby approved


SSNNL, engage additional Sub-Consultants or substitute an existing Sub

Consultant. The hiring of Personnel by the Sub-Consultants sh


Consultant under this Clause 4.

FFICE:


Project area for efficient and coordinated performance of its Services. All the



Authority may visit the Consultant�s Project Office any time during office hou




with the concurrence of the Authority and shall maintain the



Authority as and when asked for and a copy of such record shall be submitted

to the Authority at the end of each calendar month with the bill.

OBLIGATIONS OF THE SSNNL



ensure that the Government shall:

122 | P a g e


and efficient functioning of


�) who shall be

4 of this Agreement are hereby approved


Consultants or substitute an existing Sub-

Consultants shall be



mance of its Services. All the



Authority may visit the Consultant�s Project Office any time during office hours




with the concurrence of the Authority and shall maintain the



of such record shall be submitted


(a) provide the Consultant, its Sub

permits and

the Consultant, its Sub

Services;

(b) facilitate prompt clearance through customs of any property

required for the Services; and

(c) 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 Ser

5.2 Access to land and property

The SSNNL warrants that the Consultant shall have, free of charge,

unimpeded access to the site of the project in respect of which access is

required for the performance of Services; provided that if such access

shall not be made available to the Consultant as and when so required,

the Parties shall agree on (i) the time extension, as may be appropriate,

for the performance of Services, and (ii) the additional payments, if any,

to be made to the Consultant as a result

5.3 Change in Applicable Law

If, after the date of this Agreement, there is any change in the Applicable

Laws with respect to taxes and duties which increases or decreases the

cost or reimbursable expenses incurred by the Consultant in performing

the Services, by an amount exceeding

Agreement Value specified in Clause 6.1.2, then the remuneration and

reimbursable expenses otherwise payable to the Consultant under this

Agreement shall be increased or decreased accordingly by agreement

between the Parties hereto,

to the aforesaid Agreement Value.

5.4 Payment

provide the Consultant, its Sub-Consultants and Personnel with work

such other documents as may be necessary to enable

the Consultant, its Sub-Consultants or Personnel to perform the

prompt clearance through customs of any property

required for the Services; and

issue to officials, agents and representatives of the Government all


prompt and effective implementation of the Services.

Access to land and property




l not be made available to the Consultant as and when so required,



to be made to the Consultant as a result thereof pursuant to Clause 6.1.3.

Change in Applicable Law




the Services, by an amount exceeding 2% (two per cent) of the




between the Parties hereto, and corresponding adjustments shall be made

to the aforesaid Agreement Value.

123 | P a g e

Consultants and Personnel with work

such other documents as may be necessary to enable

Consultants or Personnel to perform the

prompt clearance through customs of any property

issue to officials, agents and representatives of the Government all





l not be made available to the Consultant as and when so required,



thereof pursuant to Clause 6.1.3.




(two per cent) of the




and corresponding adjustments shall be made

In consideration of the Services performed by the Consultant under this

Agreement, the SSNNL shall make to the Consultant such payments and in

such manner as is pro

6. PAYMENT TO THE CONSULTANT

6.1 Cost estimates and Agreement Value

6.1.1 An abstract of the cost of the Services payable to the Consultant is set

forth in Form � 2 of

6.1.2 Except as may be otherwise agreed under Clause 2.6 and subject to

Clause 6.1.3, the payments under this Agreement shall not exceed the

agreement value specified herein (the �

agree that the Agreement Value is Rs.

��

6.1.3 Notwithstanding anything to the contrary contained in Clause 6.1.2, if

pursuant to the provisions of Clauses 2.6 and 2.7, the Parties agree that

additional payments shall be made to the Consultant in order to cover any

additional expenditures not envisaged in the cost estimates referred to in

Clause 6.1.1 above, the Agreement Value set forth in Clause 6.1.2 above

shall be increased by the amount or amounts, as the case may be, of any

such additional payments.

6.2 Currency of payme

All payments shall be made in Indian Rupees. The Consultant shall be free

to convert Rupees into any foreign currency as per Applicable Laws.

6.3 Mode of billing and payment

Billing and payments in respect of the Ser

(a) The Consultant shall be paid for its services as per the Payment

Schedule at Annex

fulfilling the following conditions:



such manner as is provided in Clause 6 of this Agreement.

PAYMENT TO THE CONSULTANT

6.1 Cost estimates and Agreement Value

An abstract of the cost of the Services payable to the Consultant is set

2 of Appendix II of the Agreement.

be otherwise agreed under Clause 2.6 and subject to


agreement value specified herein (the �Agreement Value�). The Parties

agree that the Agreement Value is Rs. ��.��. (Rupees

��),

Notwithstanding anything to the contrary contained in Clause 6.1.2, if



expenditures not envisaged in the cost estimates referred to in



such additional payments.

Currency of payment



Mode of billing and payment

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

The Consultant shall be paid for its services as per the Payment

Schedule at Annex-5 of this Agreement, subject to the Consultant

fulfilling the following conditions:

124 | P a g e



An abstract of the cost of the Services payable to the Consultant is set

be otherwise agreed under Clause 2.6 and subject to


�). The Parties

��. (Rupees

Notwithstanding anything to the contrary contained in Clause 6.1.2, if



expenditures not envisaged in the cost estimates referred to in





vices shall be made as follows:

The Consultant shall be paid for its services as per the Payment

of this Agreement, subject to the Consultant

(i) No payment shall be due for the next stage till the Consultant

completes, to the s

pertaining to the preceding stage.

(ii) The SSNNL shall pay to the Consultant, only the undisputed

amount.

(b) The TPI consultant shall have to raise the invoices for the services

so offered invariably

with the monthly progress report as per Clause No. 1.20 of the TOR.

(c) The SSNNL shall cause the payment due to the Consultant to be

made within 30 (thirty) days

the SSNNL of duly completed bills with necessary particulars.

However, no i

on any amount due by but not paid on or before, such Due Date.

(d) The final payment under this Clause shall be

final report and a final statement, identified as such, shall have

been submitted by the Consultant and approved as satisfactory by

the SSNNL. The Services shall be deemed completed and finally

accepted by the SSNNL and the final deliv

approved by the SSNNL as satisfactory upon expiry of 90 (ninety)

days after receipt of the final deliverable by the SSNNL unless the

SSNNL, within such 90 (ninety) day period, gives written notice to

the Consultant specifying in deta

The Consultant shall thereupon promptly make any necessary

corrections and/or additions, and upon completion of such

corrections or additions, the foregoing process shall be repeated.

The SSNNL shall make the final pay

deemed acceptance of the final deliverable by the SSNNL.

(e) Any amount which the SSNNL has paid or caused to be paid in

excess of the amounts actually payable in accordance with the

provisions of this Agreement shall be reimbursed by

to the SSNNL within 30 (thirty) days after receipt by the Consultant

No payment shall be due for the next stage till the Consultant

completes, to the satisfaction of the SSNNL, the work

pertaining to the preceding stage.


amount.

consultant shall have to raise the invoices for the services

invariably on monthly-basis for payment thereof, along


The SSNNL shall cause the payment due to the Consultant to be

made within 30 (thirty) days (the �Due Date�) after the receipt by


o interest shall be paid by the SSNNL from the Due Date


The final payment under this Clause shall be made only after the




accepted by the SSNNL and the final deliverable shall be deemed




the Consultant specifying in detail, the deficiencies in the Services.




The SSNNL shall make the final payment upon acceptance or


Any amount which the SSNNL has paid or caused to be paid in


provisions of this Agreement shall be reimbursed by the Consultant


125 | P a g e

No payment shall be due for the next stage till the Consultant

atisfaction of the SSNNL, the work


consultant shall have to raise the invoices for the services

for payment thereof, along


The SSNNL shall cause the payment due to the Consultant to be

after the receipt by


from the Due Date


made only after the




erable shall be deemed




il, the deficiencies in the Services.




ment upon acceptance or


Any amount which the SSNNL has paid or caused to be paid in


the Consultant


of notice thereof.

(f) Any delay by the Consultant in reimbursement by the due date shall

attract simple interest @ 10% (ten per cent) per annum.

(g) All payments under this Agree

the Consultant as may be notified to the SSNNL by the Consultant.

6.4 EXTENSION OF ASSIGNMENT

�The Consultant has to provide services for the period of construction as

specified in the contracts awarded to the construction

if, these construction contracts are extended beyond the specified period,

the consultant�s contract (this contract) may be extended by mutual

understanding. During the extended period, the consultant shall provide

the services and dep

manpower requirement shall be decided by the Engineer in charge. The

fees may be worked out on the basis of actual man power deployed during

extended period by mutual understanding. The rates shall be d

per quoted rates in the financial proposal by escalating 8% per annum of

the quoted rates by the Consultants.�

7. LIQUIDATED DAMAGES AND PENALTIES

7.1 Performance Security

Consultant has to provide

Security�)of 10%

follows:

2.5% of the total accepted fees in the form of Bank

Guarantee (BG) while signing the contract.

2.5 % of the total accepted fees in the form of BG within two

months from the date

mobilization.

5.0 % of the total accepted fees on completion of 50 % time of

services.

7.1.1 The SSNNL shall retain by way of performance

appropriated against breach of this Agreement or for recovery of

of notice thereof.

Any delay by the Consultant in reimbursement by the due date shall


All payments under this Agreement shall be made to the account of


EXTENSION OF ASSIGNMENT:


specified in the contracts awarded to the construction contractors In case




the services and deploy his staff as per the requirement of the work. The



extended period by mutual understanding. The rates shall be d


the quoted rates by the Consultants.�

LIQUIDATED DAMAGES AND PENALTIES

Performance Security

Consultant has to provide Performance Security (the �Performance

10% (ten percent) of total accepted value of contract as

% of the total accepted fees in the form of Bank

Guarantee (BG) while signing the contract.


months from the date of actual start of the services after full

mobilization.


The SSNNL shall retain by way of performance security


126 | P a g e

Any delay by the Consultant in reimbursement by the due date shall


ment shall be made to the account of



contractors In case




loy his staff as per the requirement of the work. The



extended period by mutual understanding. The rates shall be decided as


Performance

otal accepted value of contract as

% of the total accepted fees in the form of Bank


of actual start of the services after full


security, to be


liquidated damages as specified in Clause 7.2 herein. The balance

remaining out of the Performance Security shall be returned to the

Consultant at the end of 3 (three) months after the expiration of this

Agreement pursuant to Clause 2.4 hereof.

7.1.2 The Consultant may, in lieu of retention of the amounts as referred to in

Clause 7.1.1 above, furnish a Bank Guarantee substantially in the form

specified at Annex-

7.2 Liquidated Damages

7.2.1 Liquidated Damages for error/variation

In case any error or variation is detected in the reports submitted by the

Consultant and such error

due diligence on the part of the Consultant, the consequential damages

thereof shall be quantified by the SSNNL in a re

recovered from the Consultant by way of deemed liquidated damages,

subject to a maximum of

Value for each incident

7.2.2 Liquidated Damages for delay

In case of delay in completion of

exceeding an amount equal to 0.2% (zero point two per cent) of the

Agreement Value per day, subject to a maximum of 10% (ten per cent) of

the Agreement Value will be imposed and shall be recovered by

appropriation from the

case of delay due to reasons beyond the control of the Consultant,

suitable extension of time shall be granted.

7.2.3 Encashment and appropriation of Performance Security

The SSNNL shall have the right to inv

the Performance Security, in whole or in part, without notice to the

Consultant in the event

liquidated damages specified in this Clause 7.2.




Agreement pursuant to Clause 2.4 hereof.

ant may, in lieu of retention of the amounts as referred to in


-7 of this Agreement.

Liquidated Damages

Liquidated Damages for error/variation

rror or variation is detected in the reports submitted by the

Consultant and such error/variation is the result of negligence or lack of


thereof shall be quantified by the SSNNL in a reasonable manner and


subject to a maximum of 0.5% (Zero point Five percent) of the Agreement

for each incident.

Liquidated Damages for delay

In case of delay in completion of Services, liquidated damages not




appropriation from the Performance Security or otherwise. However, in


suitable extension of time shall be granted.

Encashment and appropriation of Performance Security

The SSNNL shall have the right to invoke and appropriate the proceeds of


Consultant in the event of breach of this Agreement or for recovery of

liquidated damages specified in this Clause 7.2.

127 | P a g e




ant may, in lieu of retention of the amounts as referred to in


rror or variation is detected in the reports submitted by the

variation is the result of negligence or lack of


asonable manner and


percent) of the Agreement

Services, liquidated damages not




Performance Security or otherwise. However, in


oke and appropriate the proceeds of


of breach of this Agreement or for recovery of

7.3 Penalties for deficien

In addition to the liquidated damages not amounting to penalty, as

specified in Clause 7.2, warning may be issued to the Consultant for minor

deficiencies on its part. In the case of significant deficiencies in Services

causing adverse effect on the Project or on the reputation of the SSNNL,

other penal action including debarring for a specified period may also be

initiated as per policy of the SSNNL.

7.3.1 SSNNL may conduct independent Quality monitoring and checking of

works carried out by

carried out by the Consultant do not meet the specified requirement, the

SSNNL will not pay the Consultant�s fees for the affected portion. In

addition, the Consultant will incur a penalty equal to 100% of

and without entitlement to payment of further fees in this respect.

7.3.2If the service of a team member provided by the Consultant is not

acceptable to SSNNL, the consultant shall immediately replace the team

member on request of SSNNL. If the

replace a team member as instructed by the employer

make temporary arrangement which shall be paid by SSNNL with

commensurate reduction in the man

consultant shall incur a penalty equal to 50% (fifty percent) of the cost to

the employer of the temporary replacement until such time that the

consultant provides an acceptable replacement / team member.

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 Agreement and to adopt all reasonable measures to

ensure the realization of the objectives of this Agreement.

for deficiency in Services




effect on the Project or on the reputation of the SSNNL,


initiated as per policy of the SSNNL.

SNNL may conduct independent Quality monitoring and checking of

works carried out by the Consultant. If such checks disclose that works



addition, the Consultant will incur a penalty equal to 100% of




member on request of SSNNL. If the consultant fails to quickly deploy /

replace a team member as instructed by the employer, the employer may


commensurate reduction in the man-month scope of the TPI contract. The




FAIRNESS AND GOOD FAITH



ensure the realization of the objectives of this Agreement.

128 | P a g e




effect on the Project or on the reputation of the SSNNL,


SNNL may conduct independent Quality monitoring and checking of

the Consultant. If such checks disclose that works



addition, the Consultant will incur a penalty equal to 100% of such fee




consultant fails to quickly deploy /

, the employer may


contract. The






8.2 Operation of the Agreement

The Parties recognize that it is impractical in this Agreement to provide for

every contingency which may arise during the life of the Agreement, and

the Parties hereby agree that it is their intention that this Agreement shall

operate fairly as between them, and with

either of them, and that, if during the term of this Agreement either Party

believes that this Agreement is operating unfairly, the Parties will use their

best efforts to agree on such action as may be necessary to remove t

cause or causes of such unfairness, but failure to agree on any action

pursuant to this Clause shall not give rise to a dispute subject to

arbitration in accordance with Clause 9 hereof.

9. SETTLEMENT OF DISPUTES


The Parties shall use their best efforts to settle amicably all disputes

arising out of or in connection with this Agreement or the interpretation

thereof.

9.2 Dispute resolution

9.2.1 Any dispute, difference or controversy of whatever nature howsoever

arising under or out of or in relation to this Agreement (including its

interpretation) between the Parties, and so notified in writing by either

Party to the other Party (the �

attempted to be resolved amicably in accordance with

procedure set forth in Clause 9.3.

9.2.2 The Parties agree to use their best efforts for resolving all Disputes arising

under or in respect of this Agreement promptly, equitably and in good

faith, and further agree to provide each other with re

during normal business hours to all non

and data pertaining to any Dispute.

Operation of the Agreement

recognize that it is impractical in this Agreement to provide for



operate fairly as between them, and without detriment to the interest of



best efforts to agree on such action as may be necessary to remove t



arbitration in accordance with Clause 9 hereof.

SETTLEMENT OF DISPUTES


shall use their best efforts to settle amicably all disputes


Dispute resolution

Any dispute, difference or controversy of whatever nature howsoever

out of or in relation to this Agreement (including its


Party to the other Party (the �Dispute�) shall, in the first instance, be

attempted to be resolved amicably in accordance with the conciliation

procedure set forth in Clause 9.3.

The Parties agree to use their best efforts for resolving all Disputes arising


faith, and further agree to provide each other with reasonable access

during normal business hours to all non-privileged records, information

and data pertaining to any Dispute.

129 | P a g e

recognize that it is impractical in this Agreement to provide for



out detriment to the interest of



best efforts to agree on such action as may be necessary to remove the



shall use their best efforts to settle amicably all disputes


Any dispute, difference or controversy of whatever nature howsoever

out of or in relation to this Agreement (including its


�) shall, in the first instance, be

the conciliation

The Parties agree to use their best efforts for resolving all Disputes arising


asonable access

privileged records, information

9.3 Conciliation

In the event of any Dispute between the Parties, either Party may call

upon the Chief Engineer (Main Canal), SSNNL

substitute thereof for amicable settlement, and upon such reference, the

said persons shall meet no later than 10 (ten) days from the date of

reference to discuss and attempt to amicably resolve the Dispute. If such

meeting does not take place within the 10 (ten) day period or the Dispute

is not amicably settled within 15 (fifteen) days of the meeting or the

Dispute is not resolved as evidenced by the signing of written terms of

settlement within 30 (thirty) days of the notice in

Clause 9.2.1 or such longer period as may be mutually agreed by the

Parties, either Party may refer the Dispute to arbitration in accordance

with the provisions of Clause 9.4.

9.4 Arbitration

9.4.1 Any Dispute which is not resolved amicably

Clause 9.3, shall be finally decided by reference to arbitration by an

Arbitral Tribunal appointed in accordance with Clause 9.4.2. Such

arbitration shall be held in accordance with the Rules of Arbitration of the

International Centre for Alternative Dispute Resolution, New Delhi (the

�Rules�), or such other rules as may be mutually agreed by the Parties,

and shall be subject to the provisions of the Arbitration and Conciliation

Act, 1996. The venue of such arbitration shall

and the language of arbitration proceedings shall be English.

9.4.2 There shall be {an Arbitral Tribunal of three arbitrators, of whom each

Party shall select one, and the third arbitrator shall be appointed by the

two arbitrators so sel

two arbitrators, the appointment} {a sole arbitrator whose appointment}

shall be made in accordance with the Rules.


the Chief Engineer (Main Canal), SSNNL, Gandhinagar, Gujarat




not take place within the 10 (ten) day period or the Dispute



settlement within 30 (thirty) days of the notice in writing referred to in



with the provisions of Clause 9.4.

Any Dispute which is not resolved amicably by conciliation, as provided in




nal Centre for Alternative Dispute Resolution, New Delhi (the

�), or such other rules as may be mutually agreed by the Parties,


Act, 1996. The venue of such arbitration shall be Ahmadabad/Gandhinagar

and the language of arbitration proceedings shall be English.

There shall be {an Arbitral Tribunal of three arbitrators, of whom each


two arbitrators so selected, and in the event of disagreement between the


shall be made in accordance with the Rules.

130 | P a g e


, Gandhinagar, Gujarat or a




not take place within the 10 (ten) day period or the Dispute



writing referred to in



by conciliation, as provided in




nal Centre for Alternative Dispute Resolution, New Delhi (the

�), or such other rules as may be mutually agreed by the Parties,


/Gandhinagar

There shall be {an Arbitral Tribunal of three arbitrators, of whom each


ected, and in the event of disagreement between the


9.4.3 The arbitrators shall make a reasoned award (the �

made in any arbitration held pursuant to this Clause 9 shall be final and

binding on the Parties as from the date it is made, and the Consultant and

the SSNNL agree and undertake to carry out such Award without delay.

9.4.4 The Consultant and the SSNNL agree that an Award may b

against the Consultant and/or the SSNNL, as the case may be, and their

respective assets wherever situated.

9.4.5 This Agreement and the rights and obligations of the Parties shall remain

in full force and effect, pending the Award in any

hereunder.

IN WITNESS WHERE OF, the Parties hereto have caused this Agreement

to be signed in their respective names as of the day and year first above

written.

SIGNED, SEALED AND DELIVERED


Consultant:

(Signature) (Signature)

(Name) (Name)

(Designation) (Designation)

(Address) (Address)

(Tel./Fax No.)(Tel./Fax No.)

TPI In the Presence of:

1.

2.

The arbitrators shall make a reasoned award (the �Award�). Any Award

ration held pursuant to this Clause 9 shall be final and



The Consultant and the SSNNL agree that an Award may b


respective assets wherever situated.

This Agreement and the rights and obligations of the Parties shall remain

in full force and effect, pending the Award in any arbitration proceedings

OF, the Parties hereto have caused this Agreement


SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED


SSNNL:

(Designation)

Fax No.)

131 | P a g e

�). Any Award

ration held pursuant to this Clause 9 shall be final and



The Consultant and the SSNNL agree that an Award may be enforced


This Agreement and the rights and obligations of the Parties shall remain

arbitration proceedings

OF, the Parties hereto have caused this Agreement


SIGNED, SEALED AND DELIVERED

PAYMENT SCHEDULE

1. Eighty percent (80%

installments during implementation and performance of the contract.

Note: 75% (Seventy five

every month shall be the guaranteed amount i.e. irrespect

whether or not the construction contractor has carried out any work

during the period. While, remaining

be paid as per the work done by the Construction Contractor

price escalation, excess/extra

2. Further Five percent

submission of the Project Completion Report (PCR) by the

for acceptance.

3. Further Ten percent

acceptance of the Project Completion Report (PCR) by the SSNNL.

4. Further Five percent

SSNNL upon completion of the defect liability period.

Note: Consultant has to submit the attendanc

monthly bill along with requi

ANNEX-5

PAYMENT SCHEDULE

(80%) of the Agreed Contract Value shall be paid in monthly


75% (Seventy five percent) of the above amount payable at the end of

every month shall be the guaranteed amount i.e. irrespect


during the period. While, remaining 25% (twenty Five percent

paid as per the work done by the Construction Contractor

price escalation, excess/extra item on pro rate basis

percent (5%) of the Agreed Contract Value shall be paid upon

submission of the Project Completion Report (PCR) by the Applicant to

percent (10%) of the Agreed Contract Value shall be paid upon


percent (5%) of the Agreed Contract Value shall be paid by the

SSNNL upon completion of the defect liability period.

Consultant has to submit the attendance sheet with

monthly bill along with required monthly report.

132 | P a g e

of the Agreed Contract Value shall be paid in monthly


of the above amount payable at the end of

every month shall be the guaranteed amount i.e. irrespective of


percent) shall

paid as per the work done by the Construction Contractor excluding

of the Agreed Contract Value shall be paid upon

Applicant to SSNNL

of the Agreed Contract Value shall be paid upon


of the Agreed Contract Value shall be paid by the

e sheet with every

red monthly report.

Appendix F Note: See Clause GC 6.4 and Clause SC 6.4. f(1) to f(5).

Bank Guarantee for Performance Security

To Executive Engineer,

In consideration of Executive Engineer,

___________________________________

Gujarat (hereinafter referred as the �Authority�, which expression shall, unless

repugnant to the context or meaning thereof, include its suc

and assigns) having awarded to M/s ��.., having its office at

��.. (here in after referred as the �Consultant� which expression shall,

unless repugnant to the context or meaning thereof, include its successors,

administrators, executors and assigns), vide the Authority�s Agreement no.

��. dated ��..

��..), (hereinafter referred to as the �Agreement�) a �

Service Road, carrying out treatment to existing WBM Roads and provid

parapet walls along Miyagam Branch Canal (from Ch.62.500 to 86.600 km) & Vadodara

Branch canal (from Ch.67.440 to 115.090 km) with O & M for Five Years

Consultant having agreed to furnish a Bank Guarantee amounting to Rs.

��.. (Rupees ��..) to the Authority for performance of the

said Agreement.

1. We, ��.. (hereinafter referred to as the �Bank�) at the request

of the Consultant do hereby undertake to pay to the Authority an

amount not exceeding Rs. �� (Rupees ��

against any loss or damage caused to or suffered or would be caused

to or suffered by the Authority by reason of any breach by the said

Consultant of any of the terms or conditions contained in the said

Agreement.

Appendix F - Form of Bank Guarantee

Note: See Clause GC 6.4 and Clause SC 6.4. f(1) to f(5).

Bank Guarantee for Performance Security


___________________________________ acting on behalf of the Government of


repugnant to the context or meaning thereof, include its successors, administrators


after referred as the �Consultant� which expression shall,


executors and assigns), vide the Authority�s Agreement no.

��. dated ��.. Valued at Rs. ��.. (Rupees

��..), (hereinafter referred to as the �Agreement�) a �Providing WBM

Service Road, carrying out treatment to existing WBM Roads and provid


Branch canal (from Ch.67.440 to 115.090 km) with O & M for Five Years


��..) to the Authority for performance of the



amount not exceeding Rs. �� (Rupees ��




133 | P a g e


acting on behalf of the Government of


cessors, administrators


after referred as the �Consultant� which expression shall,


executors and assigns), vide the Authority�s Agreement no.

at Rs. ��.. (Rupees

Providing WBM

Service Road, carrying out treatment to existing WBM Roads and providing C.C.


Branch canal (from Ch.67.440 to 115.090 km) with O & M for Five Years� and the


��..) to the Authority for performance of the



amount not exceeding Rs. �� (Rupees ��.)




2. We, ��.. (indicate the name of th

undertake to pay the amounts due and payable under this Guarantee

without any demur, merely on a demand from the Authority stating that

the amount/claimed is due by way of loss or damage caused to or

would be caused to or suffered by the

the said Consultant of any of the terms or conditions contained in the

said Agreement or by reason of the Consultant�s failure to perform the

said Agreement. Any such demand made on the bank shall be

conclusive as regards t

this Guarantee. However, our liability under this Guarantee shall be

restricted to an amount not exceeding 10 percent of Agreed contract

amount.

3. We undertake to pay to the Authority any money so demanded

notwithstanding any dispute or disputes raised by the Consultant in any

suit or proceeding pending before any court or tribunal relating thereto,

our liability under this present guarantee being absolute and

unequivocal. The payment so made by us under this bond/s

be a valid discharge of our liability for payment there under and the

Consultant shall have no claim against us for making such payment.

4. We, ��.. (indicate the name of Bank) further agree that the

Guarantee herein contained shall remain in full force and effect during

the period that would be taken for the performance of the said

Agreement and that it shall continue to be enforceable ti

the Authority under or by virtue of the said Agreement have been fully

paid and its claims satisfied or discharged or till the Authority certifies

that the terms and conditions of the said Agreement have been fully and

properly carried o

this Guarantee. Unless a demand or claim under this Guarantee is

made on us in writing by the Authority on or before a period of two

years from the date of this Guarantee, we shall be discharged from all

liability under this Guarantee thereafter.

We, ��.. (indicate the name of the Bank) do hereby




would be caused to or suffered by the Authority by reason of breach by




conclusive as regards the amount due and payable by the Bank under



We undertake to pay to the Authority any money so demanded

tanding any dispute or disputes raised by the Consultant in any



unequivocal. The payment so made by us under this bond/s



We, ��.. (indicate the name of Bank) further agree that the



Agreement and that it shall continue to be enforceable till all the dues of




properly carried out by the said Consultant and accordingly discharges




liability under this Guarantee thereafter.

134 | P a g e

e Bank) do hereby




Authority by reason of breach by




he amount due and payable by the Bank under



We undertake to pay to the Authority any money so demanded

tanding any dispute or disputes raised by the Consultant in any



unequivocal. The payment so made by us under this bond/security shall



We, ��.. (indicate the name of Bank) further agree that the



ll all the dues of




ut by the said Consultant and accordingly discharges




5. We, �� (indicate the name of Bank) further agree with the

Authority that the Authority shall have the fullest liberty without our

consent and without affecting in any manner our obligations hereunder

to vary any of the terms and conditions of the said Agreement or to

extend time of performance by the said Consultant from time to time or

to postpone for any time or from time to time any of the powers

exercisable by the Authority against the said Consultant an

or enforce any of the terms and conditions relating to the said

Agreement and we shall not be relieved from our liability to pay the

amounts due and payable under this Guarantee without any demur,

merely on a demand from the Authority, by reas

variation, or extension being granted to the said Consultant or for any

forbearance, act or omission on the part of the Authority or any

indulgence by the Authority to the said Consultant or any such matter or

thing whatsoever which under th

this provision, have the effect of so relieving us.

6. This Guarantee will not be discharged due to the change in the

constitution of the Bank or the Consultant(s).

7. We,��.. (indicate the name of Bank) lastly unde

revoke this Guarantee during its currency except with the previous

consent of the Authority in writing.

NOTES:

(i) The Bank Guarantee should contain the name, designation and code number of the officer(s) signing the Guarantee.

(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.

We, �� (indicate the name of Bank) further agree with the



y any of the terms and conditions of the said Agreement or to



exercisable by the Authority against the said Consultant an




merely on a demand from the Authority, by reason of any such




thing whatsoever which under the law relating to sureties would, but for

this provision, have the effect of so relieving us.

This Guarantee will not be discharged due to the change in the

constitution of the Bank or the Consultant(s).

We,��.. (indicate the name of Bank) lastly unde


consent of the Authority in writing.

Dated, the ��. day of ��. 20 For

(Name of Bank)

(Signature, Name and Designation of the

Authorized Signatory) Seal of the Bank:

The Bank Guarantee should contain the name, designation and code number of the officer(s) signing the Guarantee.

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.

135 | P a g e

We, �� (indicate the name of Bank) further agree with the



y any of the terms and conditions of the said Agreement or to



exercisable by the Authority against the said Consultant and to forbear




on of any such




e law relating to sureties would, but for

This Guarantee will not be discharged due to the change in the

We,��.. (indicate the name of Bank) lastly undertake not to


Dated, the ��. day of ��. 20 For

(Signature, Name and Designation of the

Authorized Signatory) Seal of the Bank:

The Bank Guarantee should contain the name, designation and

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

Soil Field Density Test

MDD Test

Sieve Analysis

Atterburg Limits

Coarse Aggregates Gradation

Water Absorption

Silt Content

Flakiness & Elongation Index

Impact Test/Abrasion Test

Deleterious Content

Crushing strength

Fine Aggregates Gradation

Silt Content

Water Absorption

Fineness Modulus

Deleterious Content

Cement Setting Time

Compressive Strength

Water pH

Chemical Analysis

Concrete Cube Testing and Slump

Mortar Cube Testing

Bituminous Road Temperature of binder at application

Striping Value

Penetration Test

Density of WBM/WMM

LIST OF THE FIELD TEST

Field Density Test

MDD Test

Sieve Analysis

Atterburg Limits

Gradation

Water Absorption

Silt Content

Flakiness & Elongation Index

Impact Test/Abrasion Test

Deleterious Content

Crushing strength

Gradation

Silt Content

Water Absorption

Fineness Modulus

Deleterious Content

Setting Time

Compressive Strength

pH

Chemical Analysis

Concrete Cube Testing and Slump Test

Temperature of binder at application

Striping Value

Penetration Test

Density of WBM/WMM

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