RFP-AE NH-730-Km

Ministry of Road Transport & Highways Request for Proposal for AE
GOVERNMENT OF INDIA
MINISTRY OF ROAD TRANSPORT &
HIGHWAYS
CONSULTANCY SERVICES OF AUTHORITY’S ENGINEER

FOR SUPERVISION OF REHABILITATION AND UP-GRADATION OF
PURANPUR-KHUTAR SECTION (KM 38.000 TO 82.000 OF NH-730 TO
TWO LANE WITH PAVED SHOULDER UNDER EPC MODE IN STATE OF
UTTAR PRADESH.
REQUEST FOR PROPOSAL

(RFP)
Through Chief Engineer N.H., U.P. P.W.D. Lucknow
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CONTENTS
Sr. No. Particulars Page Nos.

1 SECTION 1 : Information to Consultants 5-10
2 SECTION 2: Letter of Invitation 11-26
3 SECTION 3 : Format for Submission of 27-30
Firms Credentials.
4 SECTION 4 : Format for Submission of 31-41
Technical Proposal.
5 SECTION 5 : Format for submission of 42-50
Financial proposal.
6 SECTION 6 : Terms of Reference. 51-64
7 SECTION 7 : Draft Form of Contract. 65-121
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GOVERNMENT OF INDIA
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
Notice inviting RFP
No. 3014 /1 Tender cashier (Bly)-28/16-17 Dated: 03.09.2016
Request for Proposal (RFP) for selection of Authority’s Engineer for

supervision of Rehabilitation and Up-gradation of Puranpur-Khutar section
(Km 38.000 to 82.000 of NH-730 to two lane with paved shoulder under EPC
mode in state of Uttar Pradesh.
Ministry of Road Transport & Highways (MoRT&H) for the works
entrusted to NH wing of the State PWD, Uttar Pradesh (the ‘Employer’) invites
proposals from eligible consultants and the Ministry‘s empanelled Consultants up
to the dead line for submission of bids for engaging Authority’s Engineer (AE) on
the basis of International Competitive Bidding for the following contract
package in the State of Uttar Pradesh.
SL Consultancy NH No. State Project Project Assignment
No. Package Stretch Length period
(Km) / (months)
Project Cost
(Cr.)
1 Rehabilitation and Up-

gradation of Puranpur- 730 Uttar Km.38.000 44.00/ 66
Khutar section (Km Pradesh to 82.000 172.36
38.000 to 82.000 of
NH-730 to two lane
with paved shoulder
under EPC mode in
state of Uttar Pradesh.
The complete BID document can be viewed / downloaded from official portal of
MoRT&H http://www.morth.nic.in or e-procurement portal of MoRT&H
https://morth.eproc.in from 06.09.2016 to 06.10.2016 up to 17.00 hrs. IST. Bid
must be submitted online only at https://morth.eproc.in on or before 06.10.2016 (up
to 17.00 hours IST). Bids received online shall be opened on 07.10.2016 (at 15.00
hours IST).
Bid through any other mode shall not be entertained. However, Bid Security,
document fee, Power of Attorney and joint bidding agreement shall be submitted
physically by the Bidder on or before 07.10.2016 (up to 12.00 hours IST).
(P. K. Pandey)
Superintending Engineer
28th Circle (NH), P.W.D, Bareilly
Phone no. 0581-2427210,
E-mail address: [email protected],[email protected]
Please note that the Ministry of Road Transport& Highways reserves the right to
accept or reject all or any of the BIDs without assigning any reason whatsoever.
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REQUEST FOR PROPOSAL (RFP)
SECTION 1: INFORMATION TO CONSULTANTS
Sub: Consultancy Services of Authority’s Engineer for supervision of Rehabilitation

and Up-gradation of Puranpur-Khutar section (Km 38.000 to 82.000 of NH-
730 to two lane with paved shoulder under EPC mode in state of Uttar
Pradesh.
GENERAL:-
1. Ministry of Road Transport & Highways (MoRT&H) for the works entrusted to
NH wing of the State PWD, Uttar Pradesh (the ‘Employer’) invites proposals from
eligible consultants and the Ministry‘s empanelled Consultants up to the dead line for
submission of bids for engaging Authority’s Engineer (AE) on the basis of International
Competitive Bidding for the following contract package in the State of Uttar
Pradesh.
TABLE 1: DETAILS OF PROJECT
Sl. Consultancy NH State Project Project Assignment

No Package No. Stretch Length period
(Km) / (months)
Project
Cost (Cr.)
1 Rehabilitation and Up-
gradation of Puranpur- 730 Uttar Km.38.000 44.00/ 66
Khutar section (Km 38.000 Pradesh to 82.000 172.36
to 82.000 of NH-730 to two
lane with paved shoulder
under EPC mode in state of
Uttar Pradesh.
2. Selection of AE shall be as per selection procedures given in the Model

Agreement for Engineering Procurement and Construction. The selected
AE shall be intimated to the Contractor.
3. The proposal shall be submitted in English Language and all

correspondence would be in the same language.
4. MoRT&H and the State PWD of Uttar Pradesh intends to appoint a

Consultant to act as Authority’s Engineer for implementation of this
EPC project. As per the Terms and Conditions of the EPC Agreement
(s), the Authority’s Engineer shall perform all the duties as per TOR
given in this RFP alongwith any amendment thereof. The selection of
Authority’s Engineer shall follow the laid down procedures given in the
Contract Agreement signed between Employer and Contractor.
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5. The interested consultancy firms may download the RFP document from
the official website of the MoRT&H w.e.f. 06.09.2016 to 06.10.2016 up to
17.00 hrs. IST. The Consultant who downloads the RFP document from
the website will be required to pay the non- refundable fee of Rs. 5,000/-
at the time of the submission of the Bid proposal, in the form of Demand
Draft. The RFP will be invited through e-tendering portal.
6. The Applicant shall furnish as part of its Proposal, a bid security of Rs.
50,000 (fifty thousand) in the form of a Bank Guarantee (as per the format
specified in Appendix N of this RFP document) (the “Bid Security”), valid
for 60 days beyond the validity of the bid. The Bid submitted without Bid
Security will be summarily rejected. The Bid Security of the successful
Bidder will be returned when the Bidder has signed the Contract
Agreement with the Employer and has furnished the required
Performance Guarantee as specified in the document within 15 days from
the receipt of the Letter of Acceptance. The Bid Security will be forfeited:
(a) If a Bidder withdraws its bid during the period of bid validity. Or
(b) If the Bidder fails to accept the Employer’s corrections of arithmetic
errors in the Bidder’s bid (if any), or
(c) If the Successful Bidder fails to sign the contract agreement with
the Employer with in the prescribed period, or
(d) If the Successful Bidder fails to furnish the Performance Security
with in the stipulated time.
Unqualified bidders would be informed regarding their non qualification,
without any explanation and thereafter Bid Security would be returned
unopened after the evaluation of the financial proposal and signing the
contract agreement with the successful bidder.
7. The proposal should be submitted by consultancy firms in two parts.
The two parts of the proposal are Part 1: Technical Proposal and Part 2:
Financial Proposal. For a given EPC Project, Stage -1 of the
Evaluation shall consider the evaluation of the Technical Proposal
(i.e. Part 1). The firms scoring the qualifying marks (minimum 75%)
as mentioned in RFP shall only be considered for further evaluation.
Under stage 2, the financial proposal of such firms as selected above
shall be opened and evaluated. Proposals will finally be ranked
according to their combined technical and financial scores as specified in
clause 5 of section 2. The first ranked Applicant shall be selected for
negotiation (the “Selected Applicant”) while the second ranked Applicant
will be kept in reserve.
8. The total time period for the assignment as Authority’s Engineer will
be for Construction Period 18 Months +48 Months for Maintenance
Period with reduced man power.
9. Consultants may apply either as a sole firm or forming Joint Venture with
other consultants. In case of J.V., both the firm shall be empanelled with
MoRT&H in relevant category. In case of Joint Venture, the maximum
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number of Joint Venture partners is limited to 2 (i.e. one lead + 1 JV

partners). Formulation of more than one JV/association with different
partners for the same work is not allowed and all such proposal involving
the firms shall be treated as non-responsive. If the consultant submits
bids as sole applicant and also in JV/Association with another
consultant, both bids shall be summarily rejected. No consultant shall
submit more than one bid.
10. The Applicant whether a sole applicant or lead member with joint
venture(s) may include an Associate company also. Credentials of
associate firm, except key personnel, if any will not be considered for
evaluation. Associate firm need not be MoRT&H empanelled consultant.
The applicant shall submit a Memorandum of Understanding (MOU) with
the Associate regarding the role and responsibilities of the Associate
Company along with the proposal. Maximum numbers of key personnel
of the associate firm during the RFP Proposal and implementation of
contract is limited to 3.
11. Consulting firms meeting the following criteria are only eligible for
applying for this assignment. Firms not meeting these criteria or not
empanelled by MoRT&H as supervision consultant, need not apply.
A). Eligibility criteria for sole applicant firm.
S.No. Experience of the firm in last 7 years Annual Turnover***
Preparation of DPR Project Supervision/IC
(NH/SH/Equivalent) (NH/SH/Equivalent)
1 (a). The firm should have The firm should have Annual turnover
minimum experience of minimum experience of (updated average
preparation of detailed Project of last 3 years) of
Project Report/ Supervision/Independent the firm from
Feasibility Study cum Engineer/ Authority’s consultancy
Preliminary Design Engineer of 2/4/6**- business should be
Report of 2/4/6**- laning/Bridge project of equal to or more
laning/Bridge project of aggregate length equal than 2% of
aggregate length equal to 3 times or more of Estimated Project
to 2 times or more of similar category for Cost.
similar category for which RFP is invited.
which RFP is invited.
1 (b) Firm should also have Firm should also have
prepared DPR/ experience of Project
Feasibility Study cum Supervision/Independent
Preliminary Design Engineer/ Authority’
Report for at least one Engineer of at least one
project of similar project of similar
category of category of two/four/six**
two/four/six** laning/bridge work of
laning/bridge work of length equal to 40% of
40% of project length.. project length.
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**2/4/6 lane as applicable for the project for which RFP is invited. For 2-lane projects
experience of 4/6 lane also to be considered with a multiplication factor of 1.5.
Experience of 4/6 lane shall be considered interchangeably for 4/6 laning projects.
Experience of 2 lane will be considered for 4/6 laning projects with a multiplication
factor of 0.75. For standalone bridge projects, experience in bridge work (either
standalone project or as a part of road project) only be considered.
B) Eligibility Criteria for partners in case of JV (not more than 1 JV partners shall
be allowed) shall be as under:
The lead partner must fulfil at least 50% of requirements at 1(a) of table in para
(A) above and other JV partner should fulfil at least 30% of eligibility criteria as
indicated at 1(a) of table in para (A) above. Also the lead partner and JV
partner jointly should meet the eligibility criteria as mentioned at 1(a) of table in
para (A) above. Lead partner should meet the criteria 1 (b) of table in para (A)
above.
Note: The weightage given for experience of a firm would depend on the role of
the firm in the respective assignments. The firm’s experience would get full
credit if it was the sole firm in the respective assignment. If the applicant firm
has completed projects as JV with some other firms, weightage shall be given
as per the JV share***. However if the applicant firm has executed the project as
associate with some other firms, 25% weightage shall be given to the applicant
firm for the projects completed under such association.
*** For weightage of experience in any past Consultancy assignment, experience

certificate from the client shall be submitted. In absence of clear demarcation of
JV share in client certificate, the weightage will be treated as 60 % for lead
partner and 40% for minor partner. Annual turnover duly certified by Chartered
Accountant shall be accepted. In case of non-availability of such documents no
weightage of turnover/experience will be considered.
12. Following enhancement factor will be used for the cost of services provided and
for the turnover from consultancy business to a common base value for works
completed in India:
Year of completion of Enhancement factor
services / turnover
Financial year in which 1.00
RFP invited
One year prior to RFP 1.10
Two year prior to RFP 1.21
Three year prior to RFP 1.33
Applicant should indicate actual figures of costs and amount for the works
executed by them without accounting for the above mentioned factors.
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In case the financial figures and values of services provided are in foreign
currency, the above enhancement factors will not be applied. Instead, current
market exchange rate (State Bank of India BC Selling rate as on last date of
submission of the bid) will be applied for the purpose of conversion of amount
in foreign currency into Indian Rupees.
13. Consultants (sole firm or lead firm and any of the JV partners) who have been
debarred by NHAI or any other central/state government organization and the
debarment is in force as on last date of submission of proposal, need not apply
as their RFP proposal will not be entertained.
14. Employer will not be responsible for any delay, loss or non-receipt of RFP
document sent by post/courier. Further, Employer shall not be responsible for
any delay in receiving the proposal and reserves the right to accept/reject
any or all applications without assigning any reason thereof.
15. The two parts of the Proposal (Technical proposal and Financial proposal)
must be submitted on-line with all pages numbered serially, along with an
index of submission as per procedure under e-tendering. The technical
proposal is also required to be submitted in a hard bound form exactly
as per submission made online with all pages numbered serially
alongwith an index of submission. (Hard bound implies binding
between two covers through stitching or otherwise whereby it may not
be possible to replace any paper without disturbing the documents).
Spiral bound form, loose form, etc. will be not accepted. The
Financial proposal is to be submitted online only. Submission in any
other form shall not be acceptable. In the event, any of the instructions
mentioned herein have not been adhered to, the Employer may reject the
Proposal.
16. Employer will be at liberty to keep the credentials submitted by the Consultants at
bidding stage, in public domain and the same may be uploaded by Employer on
Employer’s web-site. Consultants should have no objection if Employer uploads
the information pertaining to their credentials as well as of their key personnel.
17. The individual key personnel proposed in the bid by the consultants or any
replacement thereof should undertake that they shall have no objection in
uploading/hoisting of their credentials by Employer in public domain.
18. RFP submission must be uploaded online not later than 17.00 hrs on
06.10.2016 in the manner specified in the RFP document. Further hard copy of
the specified documents including bid security is required to be submitted not later
than 07.10.2016 (12.00 Hours) to offices of Executive Engineer, N.H.
Construction Division, P.W.D., Bareilly, Superintending Engineer, 28th Circle
(NH), P.W.D. Bareilly, Chief Engineer(NH) PWD Lucknow, Regional Officer
MORT & H Lucknow, Chief Engineer(P-2) MORT&H New Delhi.
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SECTION 2 LETTER OF INVITATION TO CONSULTANTS
1 INTRODUCTION
1.1 Bids are invited from consulting firms either as a sole firm/ joint venture with
other consultant willing to act as AE to submit a proposal for providing
consulting services required for the assignment named in the attached Letter
of Invitation. Your proposal could form the basis for future negotiations
and ultimately a contract between your firm and the Employer.
1.2 A brief description of the assignment and its objectives are given in the
Terms of Reference (TOR).
1.3 The assignment shall be implemented in Construction Period (18
Months) and Maintenance Period (48 Months).
1.4 This RFP is neither an agreement nor an offer by the Authority to the
prospective Applicants or any other person. The purpose of this RFP is to
provide interested parties with information that may be useful to them in the
formulation of their Proposals pursuant to this RFP. This RFP includes
statements and assumptions, which reflect various assessments, arrived at by
the Authority in relation to the Consultancy. Such assessments and statements
do not purport to contain all the information that each Applicant may require.
The information contained in this RFP, may not be complete, accurate,
adequate or correct. Each Applicant should, therefore, conduct its own
investigations about the assignment and the local conditions before submitting
the proposal by paying a visit to the Client and the project site, sending written
queries to the client, before the date and time specified in the Data Sheet.
1.5 Please note that (i) the costs of preparing the proposal and negotiating for the
contract, including a visit to site, are not reimbursable as a direct cost of
assignment and (ii) Employer is not bound to accept any of the proposals
received by it and reserves the right to annul the selection process at any
time prior to contract award, without thereby incurring any liability to the
Consultants.
1.6 Deleted
1.7 Deleted
1.8 Consultant have an obligation to disclose any situation of actual or potential
conflict that impacts their capacity to serve the best interest of their
Client, or than may reasonably be perceived as having this effect. Failure
to disclose said situations may lead to the disqualification of the Consultant or
the termination of its Contract and/or any other action as deemed fit by the
Authority at any stage.
1.9 It is the Employer’s policy that the consultants observe the highest
standard of ethics during the selection and execution of such contracts. In
pursuance of this policy, the Employer:
(a) Defines, for the purpose of this paragraph, the terms set forth below as
follows:
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(i) “corrupt practice” means the offering, giving, receiving, or

soliciting, directly or indirectly, of anything of value to influence
the action of a public official in the selection process or in
contract execution;
(ii) “fraudulent practice” means a misrepresentation or omission of
facts in order to influence a selection process or the execution of
a contract;
(iii) “collusive practices” means a scheme or arrangement between
two or
more consultants with or without the knowledge of the Client,
designed to establish prices at artificial, non-competitive levels;
(iv) “coercive practices” means harming or threatening to harm,
directly or indirectly, persons or their property to influence their
participation in a procurement process, or affect the execution of
a contract.
(b) will reject a proposal for award if it determines that the Consultant
recommended for award has, directly or through an agent, engaged
in corrupt, fraudulent, collusive or coercive practices in competing for the
contract in question;
(c) will declare a firm ineligible, either indefinitely or for a stated period of
time, to be awarded a contract if it at any time determines that the firm
has engaged in corrupt or fraudulent practices in competing for, or in
executing, a contract; and
(d) will have the right to require that a provision be included requiring
consultants to permit the Employer to inspect their accounts and
records relating to the performance of the contract and to
have them audited by authorized representatives of Employer.
1.10 Consultants, their JV partner, their Sub-Consultants, and their
associates shall not be under a declaration of ineligibility for corrupt
and fraudulent practices. Furthermore, the Consultants shall be aware of
the provisions on fraud and corruption stated in the specific clauses in the
General Conditions of Contract.
1.11 Consultants shall furnish information on commissions and gratuities, if
any, paid or to be paid to agents relating to this proposal and during
execution of the assignment if the Consultant is awarded the Contract, in
the Financial Proposal.
1.12 The Data Sheet indicates how long Consultants’ Proposals must remain
valid after the submission date. During this period, Consultants shall
maintain the availability of Professional staff nominated in the Proposal.
The Client will make its best effort to complete negotiations within this
period. Should the need arise, however, the Client may request
Consultants to extend the validity period of their proposals. Consultants
who agree to such extension shall confirm that they maintain the
availability of the Professional staff nominated in the Proposal, or in their
10
confirmation of extension of validity of the Proposal, Consultants could

submit new staff in replacement, who would be considered in the final
evaluation for contract award.
New Clause: The Bidder including individual or any of its Joint Venture Member
should, in the last 2 years, have neither failed to perform for the works of
Expressways, National Highways, ISC & EI works, as evidenced by
imposition of a penalty by an arbitral or judicial authority or a judicial
pronouncement or arbitration award against the Bidder including individual
or any of its Joint Venture Member, as the case may be, nor has been
expelled or terminated by Ministry of Road Transport & Highways or its
implementing agencies for breach by such Bidder including individual or
any of its Joint Venture Member” (Morth Circular No. RW-NH-
34048/7/2013-S&R(B) Dated- 1st January 2016).
2. CLARIFICATIONS AND AMENDMENT OF RFP DOCUMENTS
2.1 The Consultants may request a clarification of any of the RFP documents
up to the number of days indicated in the Data Sheet before the Proposal
submission date. Any request for clarification must be sent in writing by
paper mail, facsimile, or electronic mail to the Client’s address indicated in
the Data Sheet. The Client will respond by cable, facsimile, or electronic
mail to such requests and will send copies of the response (including an
explanation of the query but without identifying the source of inquiry) to all
consultants who have purchased the RFP document.
Clarification/amendment will also be hosted on Employer’s web-site.
2.2 At any time before the submission of Proposals, the Client may for any
reason, whether at its own initiative or in response to a clarification
requested by a Consulting firm, modify the RFP documents by
amendment. Any amendment shall be issued in writing through
addendum. Addendum may be sent by mail, cable, telex, facsimile or
electronic mail to consultants or/and will be hosted on Employer’s website
which will be binding on them. The Client may at its discretion extend the
deadline for the submission of Proposals.
3. PREPARATION OF PROPOSAL
3.1 You are requested to submit your proposal in Two Parts strictly using the
formats enclosed herewith (refer section 3, 4 and 5) in 2 separate
envelopes/ packages and put together in one single outer
envelope/package. The two parts shall be:
Part 1: Technical Proposal and
Part 2: Financial Proposal.
The proposal shall be written in the English language as specified in the
Data Sheet. All pages of the Proposal shall be signed by an authorized
representative. The representative’s authorization shall be confirmed by
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written Power of Attorney duly notarized to be submitted with the proposal.

In case of JV or inclusion of Associate company, a MoU indicating the
specific Projects, input and role of each Partner etc. shall be submitted with
the proposal.
Part 1: Technical Proposal
3.2 You are expected to examine all terms and conditions included in the
documents. Failure to act or to provide all requested information will be at your
own risk and may result in rejection of your proposal.
3.3 During preparation of the Technical proposal you may give particular
attention to the following :
i. The man-months for the assignment shall be that stated in the Terms
of Reference. The same shall be considered for the purpose of
evaluation as well as award. In case the man months of TOR are
amended in view of Client’s own initiative or in response to clarification
sought by any Consulting firm, the man months so amended and
published shall be considered for the purpose of evaluation as well as
award.
ii. The Consultants should prefer to field as many of their permanent
staff as possible. The permanent staff would be considered those
already employed with the firm prior to one year from the month
during which this Tender Notice is issued. Applicant shall submit the
details of the period of employment of the proposed personnel with the
firm.
iii. No alternative to key professional staff may be proposed and
only one Curriculum Vitae (CV) may be submitted for each position
and
iv. A good working knowledge of the language specified in the data
sheet is essential for key professional staff on this assignment.
Reports must be in the language (s) specified in the data sheet
v. Deleted
vi. The Consultants shall ensure that their firm and all the proposed Key
Personnel are registered on INFRACON portal and their credentials
uploaded on the portal. Proposal of firms and personnel not listed in the
portal shall not be evaluated.
3.4 Your Technical Proposal must provide the following information, using
but not limited to the formats attached in the Section 3 &4.
i. A brief description of the firm’s organisation and an outline of
recent experience of the Consultants and, in the case of Joint
Venture, for each partner, on assignments of a similar nature. The
information which you shall provide on each assignment should
indicate, inter-alia, the profiles of the staff provided, duration, contract
amount and firm’s involvement. The details of assignments on hand
12
shall also be furnished by the consultant and their JV partner,

separately.
ii. Any comments or suggestions on the ToR and a description
of the methodology (work plan) which the firm proposes to execute
the services, illustrated with bar charts of activities.
iii. The composition of the proposed staff team, the tasks which shall be
assigned to each and their timing;
iv. Requirement for submission of CVs.
a. CVs strictly in the prescribed format and recently signed in blue
ink on each page by both the proposed professional staff and the
Managing Director/Head or the authorized representative of the
firm.
b. Key information should include years with the firm and degree of
responsibility held in various assignments. In CV format, at
summary, the individual shall declare his qualification & total
experience (in years) against the requirements specified in TOR
for the position (Ref. Enclosure-B of TOR). If any information is
found incorrect, at any stage, action including termination and
debarment from future projects upto 2 years may be taken by
Employer on the personnel and the Firm.
c. If same CV is submitted by two or more firms in an assignment,
zero marks shall be given for such CV. Key personnel has to
certify in their CV that he has not consented to any consultant
other than the applicant to propose their CV for any position for
this assignment. In case the key personnel is found having given
consent to more than one bidder, he shall be debarred by the
Employer for 2 years.
d. Deleted
e. All the CVs which are to be evaluated should be complete in all
respects including signing and certification by the individual and
the firm.
f. If a CV score less than 75% marks, whatever marks it score will
be carried forward for maximum 3 nos. key personnel for
determining the total score of the firm. However, if the Key
Personnel does not fulfill the minimum academic qualification (as
mentioned at Enclosure-B of TOR of RFP), the overall score of
his CV will be evaluated as zero. If the Key Personnel does not
fulfill the minimum qualification related to experience (as
mentioned at Enclosure-B of TOR of RFP), then zero marks will
only be assigned for that sub criteria, but the marks obtained by
the CV of the Key Personnel will be carried forward for maximum
3 nos. key personnel for determining the total score of the firm.
In case, a firm is H-1, then all such Key Personnel (whose CV
scores less than 75% or who does not fulfill the minimum
qualification) will have to be replaced by the firm at the time of
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contract negotiations by persons scoring at least 75% marks.

The reduction in remuneration of such replacements shall be 5%,
10% and 15 % for 1st replacement, 2nd replacement and 3rd
replacement respectively. In case more than 3 CV scores less
than 75% marks or Team leader cum Highway Engineer scores
less than 75% marks, the proposal shall be considered non-
responsive.During negotiation, Key Personnel will be required to
produce certificate regarding qualification and experience.
However, the officials retired from MoRT&H/State/Uttar Pradesh
PWD may be exempted from producing the experience
certificate.
v. Deployment Schedule for each key personnel should be formulated and
incorporated in the Technical Proposal which will be reviewed on
quarterly basis.
vi. Estimates of the total time effort (person x months) to be provided
for the services, supported by bar chart diagrams showing the time
proposed (person x months) for each professional staff and sub
professional staff.
vii. A certification to the effect should be furnished by the Consultant that
they have checked the qualifications and experiences details submitted
by the key personnel in their CVs and found to be correct. This
certification should be made in CVs of all key personnel after the
certification by the candidate. The format of CV includes certification to
this effect.
viii. Each key personnel of the preferred Consultant shall be called for
interview at the time of negotiation at the cost of Consultant.
ix. Replacement of key personnel shall be considered only in unavoidable
circumstances. In no case more than two replacements of key personnel
shall be permitted during negotiation and in such cases Consultant and
such key personnel shall have to submit affidavit to the effect that
during the period of assignment specified in para 8 of Section:1, the
replaced key personnel shall not be professionally employed anywhere
in Employer’s works. Employer shall not further consider CV of such key
personnel directly or indirectly for any of its projects for this period. The
reduction in remuneration of such replacements shall be 5% and 10%
for 1st replacement and 2nd replacement respectively within validity
period of bid. In case during negotiations held within validity period of
bid, more than two replacements are sought by the H-1 consultant; his
proposal shall be considered as Non-Responsive. In such case the
combined score of remaining technically qualified firms, meeting the
non-conflict condition shall be evaluated to arrive at new H-1. In case
during interaction with the key personnel at the time of negotiation it is
found that the key personnel proposed is un-suitable for the assignment
position, his replacement by equivalent or better shall be provided by the
consultant. The key personnel with such un-suitable CV shall not be
14
considered in any future bids for that position for two years. No
deduction for such replacement who are not found suitable during
interaction shall be made.
In the eventuality that a firm becomes non-responsive, for the third time,
due to the action of replacements of more than 2 key personnel during
negotiation, the firm and its constituent JV partners and Associates shall
be debarred upto one year for Employer’s consultancy projects.
x. Any additional information.
3.5 The technical proposal must not include any financial information.
Part 2: Financial Proposal
3.6 Your Financial Proposal must be strictly using the formats attached in Section 5.
No additional items/quantities other than that specified in the formats should be
proposed by the Consultants since the same shall not be considered for the
evaluation/award. Consultants shall be paid billing rates for services rendered
by the personnel of all categories namely (i) key Personnel; (ii) sub-Professional
personnel and (iii) Support staff on man-moth wise. For calculating billing rates
of remaining items of the financial proposal, namely (i) transportation, (ii) Duty
travel to site (iii) Office Rent, (iv) office supplies communication etc (v) reports &
document printing and (vi) survey equipment etc. quoted amount of selected
consultant will be converted to percentage of civil work cost quoted by civil
contractor and payment will be made in proportionate to the financial progress of
the civil work. Beginning 13th month from the last date of submission of bid,
billing rates shall be increased @ 5% every 12 months. However, for evaluation
and award of the Bid proposals, the quoted initial rate (as applicable for first 12
months from last date of submission of bid) shall be multiplied by the total time
input for each position on this contract, i.e. without considering the increase in
the billing rates. All payments shall be made in Indian Rupees and shall be
subjected to applicable Indian laws withholding taxes if any.
3.7 The Financial Proposal should clearly identify as a separate amount, the
local taxes (including social security), duties, fees, levies and other
charges imposed under the applicable law, on the consultants, the sub-
consultants, and their personnel (other than nationals or permanent residents
of the government’s country); unless the Data Sheet specifies otherwise.
This cost, however, will not be considered in evaluation.
3.8 Consultants may express the price of their services in the Indian Rupees
only.
3.9 Service tax as applicable shall be paid to the consultant while making
payment for services rendered. The consultants shall then deposit the same
with the tax authorities and provide a proof of having done so within next 90
days in line with policy circulars issued by Employer. Employer shall pay only
the service tax.
4. SUBMISSION, RECEIPT AND OPENING OF PROPOSALS
15
4.1 PREPARATION & SUBMISSION OF APPLICATIONS:
i. Detailed RFP may be downloaded from E-tendering portal of Employer and

the Application may be submitted online following the instructions appearing
on the screen.
ii. The following shall be the form of various documents in the Application:
A. Only Electronic Form (to be uploaded on the E-tendering portal of Employer)
(a)
Technical proposal as indicated in para ‘B’ below
(b)
Financial proposal as per format prescribed in SECTION-5 OF
RFP.
B. Hard copy in Original (identical to proposals to be submitted in Sealed
Envelop and also Electronic form to be uploaded on the E-tendering portal of
Employer)
(I) Technical Proposal in Hard Bound Form including
(a) Power of Attorney for signing the Application

(b) If applicable, the Power of Attorney for Lead Member of JV;
(c) Copy of Memorandum of Understanding between JV
partners, if applicable;
(d) Copy of Memorandum of Understanding with Associate, if
applicable
(e) Firms credentials as per format prescribed in SECTION-3
OF RFP.
(f) Technical proposal as per format prescribed in SECTION-4

OF RFP.
(II) Cost of RFP of Rs. 5000/- (Rupees Five thousand only) in the form of
Demand Draft (DD) in favour of Regional Pay & Accounts Officer,
MoRT&H, Lucknow” payable at Lucknow.
(III) Bid Security (for the amount given in section 1 of this document) in the
form of a Bank Guarantee and the format specified in this document
and
(IV) Application processing fee as applicable shall be paid to the Service

provider of E-tendering portal.
C Technical Proposal through INFRACON portal:

The Consultants shall register and upload their credentials on the
INFRACON portal and ensure that the proposed Key Personnel are also
listed in the portal. Proposal of firms and personnel not listed in the portal
shall not be evaluated.
16
iii. The Applicant shall submit the original documents specified above in
point no.4.1 (ii) B together with their respective enclosures and seal it in
an envelope and mark the envelope as “Technical Proposal” for the
Project for which proposal is submitted and name and address of the
Applicant. The envelope must be clearly marked “DO NOT OPEN,
EXCEPT IN THE PRESENCE OF THE EVALUATION COMMITTEE”. In
addition, the Application due date should be indicated on the right hand
corner of the envelope. RFP must be uploaded online not later than 17.00
Hrs of 06.10.2016 in the manner specified in the RFP document. Further
hard copy of the specified documents including bid security is required to
be submitted not later than 07.10.2016 (12.00 Hours) to:
1. Executive Engineer, N.H. Construction Division, P.W.D., Bareilly,

2. Superintending Engineer, 28th Circle (NH), P.W.D. Bareilly, .
3. Chief Engineer(NH) PWD Lucknow,
4. Regional Officer MORT & H Lucknow,
5. Chief Engineer(P-2) MORT&H New Delhi.
iv. The Applicant shall upload scanned copies of the Technical Proposal and
Financial Proposal as specified in point nos. 4.1 (ii) A & B above on the
E-tendering portal of MoRT&H before 17:00 hours Indian Standard Time
on the Application due date i.e. on 06.10.2016. Hard copy of the
documents as specified in point nos. 4.1 (ii) B above only is required to
be submitted. Financial Proposal is to be submitted On-line only and
no hard submission is to be made. In the event of any discrepancy
between the original and the copy (in electronic form), the original shall
prevail.
4.2 Modification / Substitution/ Withdrawal of bids:

(i) The Bidder may modify, substitute or withdraw its e- bid, prior to the Bid Due
Date. No Bid shall be modified, substituted or withdrawn by the Bidder on or
after the Bid Due Date.
(ii) Any alteration/ modification in the Bid or additional information supplied
subsequent to the Bid Due Date, unless the same has been expressly sought
for by the Employer, shall be disregarded.
(iii) For modification of e-bid, bidder has to detach its old bid from e-tendering portal
and upload / resubmit digitally signed modified bid.
(iv) For withdrawal of bid, bidder has to click on withdrawal icon at e-tendering
portal and can withdraw its e-bid.
(v) Before withdrawal of a bid, it may specifically be noted that after withdrawal of a
bid for any reason, bidder cannot re-submit e-bid again.
4.3 OPENING AND EVALUATION OF APPLICATIONS:
(i) Opening of Proposals will be done through online for Financial Proposal and
both on-line and manually for Technical Proposal.
(ii) For participating in the tender, the authorized signatory holding Power of
Attorney shall be the Digital Signatory. In case the authorized signatory
17
holding Power of Attorney and Digital Signatory are not the same, the bid
shall be considered non-responsive.
The Employer shall open Envelope containing Technical Proposal received
as mentioned in point nos. 4.1 (ii) B at 15:00 hours Indian Standard Time on
the 07.10.2016 in the presence of the Applicants who choose to attend. The
Employer will subsequently open the Technical Proposal as mentioned in point
no. 4.1 (ii) A(a) above and evaluate the Applications in accordance with the
provisions set out in the RFP.
(iii) The Financial Proposal 4.1 (ii) A (b) will be opened of the short listed
applicants who qualify for financial opening as per RFP. The date of opening of
Financial Proposal will be notified later on.
5 PROPOSAL EVALUATION
5.1 A two -stage procedure shall be adopted for evaluating the proposals.
5.2 Deleted
Technical Proposal
5.3 The Evaluation Committee appointed by the Employer shall carry out
its evaluation applying the evaluation criteria and point system
specified in the data sheet. Each responsive proposal shall be attributed
a technical score (ST.) Only those Applicants whose Technical proposal
score 75 marks or more out of 100 shall qualify for further consideration.
However, if the number of such pre-qualified applications is less
than two, the Employer may, in its sole discretion, pre-qualify the
applicant(s) whose technical score is less than 75 marks. Applicants
shall carryout self-evaluation based on the criteria mentioned in the Bid
Document. While submitting the self-evaluation, consultant shall make
references to the documents which have been relied upon in his self-
evaluation.
Financial Proposal
5.4 After the evaluation of Technical Proposals is completed and the shortlist of
firms is finalised, the Employer may notify those consultants whose proposals
were not considered as per conditions of RFP. The Employer shall
simultaneously notify the shortlisted firms indicating the date and time set for
opening of the Financial Proposals.
5.5 The Financial Proposals shall be opened publicly in the presence of the
consultants’ representatives who choose to attend. The name of the
consultant, the technical scores, and the proposed prices shall be read aloud
and recorded when the Financial Proposals are opened. The Client shall
prepare minutes of the public opening.
5.6 The Evaluation Committee will determine whether the submitted Financial
Proposals are complete (i.e. whether they have included cost of all items of
18
the corresponding proposals; if not, then the cost towards such missing items
will be considered as NIL, but the Consultant shall, however, be required to
carry out such obligations without any additional compensation.) and without
computational error. In case under such circumstances, if Client feels that the
work cannot be carried out within the overall cost as per the submitted
financial proposal, such proposals shall be considered non responsive.
5.7 The lowest financial proposal (FM) will be given a financial score (SF) of 100
points. The financial scores of other proposals will be computed as follows:
SF= 100 x FM/F (F= amount of financial proposal)
5.8 Proposals will finally be ranked according to their combined technical (ST) and
financial (SF) scores as follows:
S= ST x Tw+SF x Fw
Where S is the combined score, and Tw and Fw are weights assigned to
Technical Proposal and Financial Proposal, that shall be 0.80 and 0.20
respectively.
5.9 The selected Consultant shall be the first Ranked Applicant (H-1, having the
highest combined score). The second ranked applicant (H-2) shall be kept in
reserve and may be invited for negotiation in case the first ranked Applicants
withdraws, or fails to comply the requirements specified in this document. In
the event the proposals of two or more consultants have the same scores in
the final ranking, the proposal with the highest technical score should be
ranked first.
6 NEGOTIATIONS
6.1 Prior to the expiration period of validity of proposal, the Employer shall
notify the successful firm who submitted the highest scoring proposal in
writing by registered letter or facsimile and may either issue LOA if
negotiations are not required or may invite it to negotiate the contract. In
case two or more firms obtain same score, the firm achieving the highest
Technical score shall be invited first for negotiations.
6.2 Negotiations normally take one to two days. The aim is to reach agreement on
all points, and initial a draft contract by the conclusion of negotiations
6.3 In case of 1st round of negotiation is not held within 180 days from the Bid
Receipt Date due to reasons attributable to Employer, the lowest bidder shall
be permitted for replacement upto a maximum of 50% key personnel with key
personnel of equivalent or better qualifications without considering the same as
replacement and without any deduction. However, for avoidance of doubt, it is
clarified that replacement of key personnel whose CV has scored less than
75% marks shall continue be considered as replacement as per para 3.4.(iv)
(f).
6.4 Negotiations shall commence with a discussion of your technical
proposal, the proposed methodology (work plan), staffing. Agreement
must then be reached on the staffing and bar charts, which shall indicate
activities, staff, periods in the field and in the home office, staff months,
19
logistics and reporting. Special attention shall be paid to optimise the required
outputs from the firm within the available budget and to define clearly the
inputs required from the Employer to ensure satisfactory implementation of
the assignment.
6.5 It is the responsibility of the Consultant, before starting financial
negotiations, to contact the local tax authorities to determine the local tax
amount to be paid by the Consultant under the Contract. The financial
negotiations will include a clarification (if any) of the firm’s tax liability in the
Client’s country, and the manner in which it will be reflected in the Contract;
and will reflect the agreed technical modifications in the cost of the
services.
6.6 Having selected a firm, among other things, on the basis of an evaluation of
proposed key professional staff, the E m p l o ye r ’ s expects to negotiate, a
contract on the basis of the staff named in the proposal and, prior to contract
negotiations, will require assurance that this staff shall be actually available.
6.7 Replacement of key personnel shall be considered only in unavoidable
circumstances. In no case more than two replacements of key personnel shall
be permitted during negotiation and in such cases Consultant and such key
personnel shall have to submit affidavit to the effect that during the period of
assignment specified in para 8 of Section:1, the replaced key personnel shall
not be professionally employed anywhere in Employer’s works. Employer shall
not further consider CV of such key personnel directly or indirectly for any of its
projects for this period. The reduction in remuneration of such replacements
shall be 5% and 10% for 1st replacement and 2nd replacement respectively
within validity period of bid. In case during negotiations held within validity period
of bid, more than two replacements are sought by the H1 consultant, his
proposal shall be considered as Non-Responsive. In such case the combined
score of remaining technically qualified firms, meeting the non-conflict condition
shall be evaluated to arrive at new H1. In case during interaction with the key
personnel at the time of negotiation it is found that the key personnel proposed
is un-suitable for the assignment position, his replacement by equivalent or
better shall be provided by the consultant. The key personnel with such un-
suitable CV shall not be considered in any future bids for that position for two
years. No deduction for such replacement who are not found suitable during
interaction shall be made. In the eventuality that a firm becomes non-
responsive, for the third time, due to the action of replacements of more than 2
key personnel during negotiation, the firm and its constituent JV partners and
Associates shall be debarred upto one year for Employer’s consultancy projects.
6.8 Each key personnel of the preferred consultant shall be called for interview at
the time of negotiation at the cost of the Consultant. At the time of interview, Key
Personnel will be required to produce certificate regarding qualification and
experience in support of their CVs for verification and return. However, the
officials retired from MoRT&H/State/Uttar Pradesh PWD may be exempted from
producing the experience certificate. The negotiations shall be concluded with a
review of the draft form of Contract. The Employer and the firm will finalise the
20
contract to conclude negotiations.
7 AWARD OF CONTRACT
7.1 After completion of negotiations with the consultants, the Client shall
award the Contract to the selected Consultant. However, after signing of the
Contract, the Client may return the unopened Financial Proposals to the
unsuccessful Consultants.
7.2 The successful firm with whom the contract is signed is expected to
commence the assignment on the date and at the location specified in the data
sheet.
21
DATA SHEET
(As Mentioned in Letter of Invitation to Consultants)
Sub clause No. in Letter of Invitation to Consultants
1.1 Pre-Proposal Conference shall be held at: Office of Superintending Engineer

28th (NH) Circle PWD Bareilly on 28.09.2016 at 14.00 hrs.
1.2 The proposal shall be valid for 120 days after the last date of submission.
2.1 Clarification may be requested 7 days prior to Pre Proposal Conference i.e
up to 21.09.2016. The address for requesting clarification is:
Address of Employer’s Representative:
Superintending Engineer
28th Circle (NH), P.W.D, Bareilly
Phone no. 0581-2427210,
E-mail address: [email protected],[email protected]
3.1 The Language of documents and correspondence will be English.

3.2 All the personnel shall have working knowledge of English and all the
reports etc shall be written in English.
3.3 Employer shall pay only service tax. Consultant has to assess all other
taxes and should inbuilt them in their financial proposal. These taxes (other
than service tax) should not be provided separately. Consultants are
requested to consult Tax Consultants for details.
3.4 The Consultants to state all cost in Indian Rupee only.
4. The time and date of submission: 17.00 hrs on dtd. 06/09/2016
5.1 The points assigned to Technical Evaluation criteria are:
S. No. Description Marks

1 Relevant experience for the assignment 25
2 Qualifications and competence of the key staff for the 75
Total 100
(i) Sub criteria for Relevant Experience of the firm for the assignment
Criteria Marks
Year of Establishment of the Firm (In case of JV year of establishment 2
of Lead Member shall be considered)
Average Annual Turnover (last 3 years) from consultancy business 2
Experience in Construction Supervision/Independent
Engineer/Authority Engineer in Highway Projects of length equal to 16
40% of project length of similar category for which RFP invited of
2/4/6**-laning or more / bridge works in last 7 years*
22
Experience in DPR preparation/ Feasibility Study cum Preliminary 5

Design Report for Number of Highway Projects (of length 40% of
project length of similar category for which RFP invited of 2/4/6**-
laning or more/Bridge Works)
in last 7 years *
Total 25
**2/4/6 lane as applicable for the project for which RFP is invited. For 2-lane projects
experience of 4/6 lane also to be considered with a multiplication factor of 1.5.
Experience of 4/6 lane shall be considered interchangeably for 4/6 laning projects.
Experience of 2 lane will be considered for 4/6 laning projects with a multiplication
factor of 0.75. For standalone bridge projects, experience in bridge work (either
In case of JV the turnover and experience details of Lead and JV partners will be
added for evaluation. Credentials of associate firm, except key personnel, if any will not
be considered for evaluation. However consultant should submit details as per section
3, separately for Lead partner JV partner and associate.
Employer’s certificate should be submitted substantiating the experience claimed by

the firm.
(ii) Deleted
(iii) Qualification and competence of following professional/sub-professional staff
for the assignment shall be evaluated. The weightage for various key staff are as
under:-
S.No. Staff Position Marks in case of

Single Project
1 Team Leader-cum-Highway Engineer 20
2 Resident Engineer cum pavement specialist+ 14
road safety expert
3 Sr. Contract Specialist 8
4 Highway Design Specialist 4
5 Bridge Design Specialist 4
6 Senior Quantity Surveyor 8
7 Bridge/Structural Engineer 8
8 Material Engineer 9
Total 75
Sub criteria for qualification of key Personnel (i.e. Professional staff)

General qualifications 25
Adequacy for the project 70
23
Employment with firm 5

Total 100
5.1 (iv) Sub criteria for employment with firm

Mark for Employment with the firm:
(a) Permanent staff (those already employed with the firm prior to one
year from the month during which this Tender Notice is issued) = 5
marks.
(b) Retainer/non-permanent staff = Zero Mark.
The technical proposal should score at least 75 marks to be considered responsive for
financial evaluation.
6. Commencement of Assignment: The firm shall begin carrying out the services
within one month of signing of the Consultancy Agreement.
24
SECTION 3. FORMATS FOR SUBMISSION OF FIRMS CREDENTIALS
The proposal should contain the following information in enclosed format

attached at Appendix A.
• Year of Establishment of Firm
• Average annual turnover (last three years)
Note: The Firm shall submit Certificate of Incorporation and audited balance
sheet for the last three years (FY 2013-2014, FY 2014-2015 and FY 2015-16).
For claiming experience of Highway projects, completion certificate from
employer should be enclosed. The proposal should also contain the details of the
key personnel viz. their name, qualification, expertise area, experience and years
of association with the firm.
Appendix A
The following information related to the firm should be provided in the proposal.
i. Name of the package applied for:-

ii. Year of establishment of firm *
Consultant Year of Country Type of Organization

Establish
ment
Individu Partners Corporati Other
al hip on
Individual /
Lead Partner
(of JV)/ Minor
Partner of
JV/Associate
NOTE:- Year of Establishment of Lead Partner of JV shall be considered.

*Copy of Certificate of incorporation shall be submitted.
iii. Office/Business Address/Telephone nos./Cable Address.
iv. Narrative description of firm (Not more than 2 sheets)
v. Name of two(2) principals who may be contacted with title and
telephone number/fax number/e-mail.
vi. Financial Statement of the last three years. **
Sl. Particular 2015-16 2014-15 2013-14

No.
i. Annual turnover from
Consulting business
ii. Total Assets
iii. Current Assets
25
c) Balance Sheet/ Auditor Certificate of last 3 years ( 2013-14 ,2014-15 & 2015-
16) shall be submitted as evidence of Annual Turnover.
**a) The amount shall be stated in INR. (Consider 1US Dollar = Rs. and 1 Euro
= Rs.) (This will be the exchange rates as per Reserve Bank of India rounded
off to nearest Rupee applicable at the time of RFP invitation).
b) The currency conversion rate for the respective years shall be mentioned for
other international currencies.
vii. Experience as Independent Consultant/Construction supervision of
Highway projects, separately for PPP and non-PPP Projects during the last 7
years. ***
S Pr ojec ts Type of De sc rip - Client Total Fee %age Appro Period

No Name/ Service ti o n o (with Fee for receive of total x .
Year s f Hi g hw complet the d by fee cost
So le rendere ay Pr e Consul Applica receive
Consultant/ d ojec t/ address tancy nt d by of
Length , Assign (i n the Hi g h w
Prim e (k m s ) con t ment case firm ay
consultant act (INR) of Projec
of JV / person JV/Ass t
minor , ociatio
consultant telephon n)
of JV/ /as e
Nos.and
Fax N o
s.)
1 2 3 4 5 6 7 8 9 10
A. Co mp leted / Su bsta nt ia lly comp let e d pro j ects :
1.
2.
3.
B. Proj ects i n prog ress:
1.
2.
3.
viii. Experience in DPR/ Feasibility Study cum Preliminary Design Report

preparation of 2/4/6 laning / Bridge Highway Projects separately for
the PPP and non-PPP projects during the last 7 years. ***
26
S Pr ojects Name T y pe of Lengt Client Total Fee %age Period

No / h (with Fee receive of total
Ye a r Servic es of complete for d by fee
So le Pr ojec addr es s, the Applica receive
Consultant/Pri Rendere t contact Consu nt d by
me d (k ms ) person ltancy (in the
consultant of ,teleph Assig case firm
JV / minor one nment of
consultant of Nos . a (INR) JV/Ass
JV/ /as nd Fax ociatio
associ N o s.) n)
ate consultant
1 2 3 4 5 6 7 8 9
***a) 2/4/6 lane/Bridge work as applicable for the project for which RFP is
invited. For 2-lane projects experience of 4/6 lane also to be considered
with a multiplication factor of 1.5. Experience of 4/6 lane shall be
considered interchangeably for 4/6 laning projects. Experience of 2 lane
will be considered for 4/6 laning projects with a multiplication factor of
0.75. For standalone bridge projects, experience in bridge work (either
b) Only those projects, to be included in the table which are Highways

Projects and for which clients certificates from the concerned
Government agencies are enclosed with the proposal.
c) The details of bridges having length more than 200m (500m in case the
project consist of bridges of length more than 500m) in the listed projects
is to be specifically mentioned.
d) The weightage given for experience of a firm would depend on the role of
the firm in the respective assignments. The firm’s experience would get
full credit if it was the sole firm in the respective assignment. If the
applicant firm has completed projects as JV with some other firms,
weightage shall be given as per the JV share***. However if the applicant
firm has executed the project as associate with some other firms, 25%
weightage shall be given to the applicant firm for the projects completed
under such association.
e) For weightage of experience in any past Consultancy assignment,

experience certificate from the client shall be submitted. In absence of
clear demarcation of JV share in client certificate, the weightage will be
treated as 60 % for lead partner and 40% for minor partner. Annual
turnover duly certified by Chartered Accountant shall be accepted. In
case of non-availability of such documents no weightage of
turnover/experience will be considered.
27
(ix) Assignments on hand including those for which the Letter of Acceptance from
the clients received as on 7 days prior to due date for submission of proposals: The
details shall be given in the following format.
S. Name of Client Role of Date of Date of Present Team Members
No Assignm the firm letter of Agreement status of provided by the firm
ent Sole, Acceptan if signed Assignme
Lead/ ce nt
Other in
Name DOB Positi
JV or sub-
on
consultant
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
28
SECTION 4. FORMAT FOR SUBMISSION OF TECHNICAL PROPOSAL
Appendix B-1 Technical proposal submission form.

Firm’s comments and suggestions on the Terms of Reference and
Appendix B-2 on data, services, and facilities to be provided by the Employer.
Approach paper on methodology and work plan for performing
Appendix B-3 the assignment.
Appendix B-4 Composition of the Team and Task(s) of each Team member
Appendix B-5 Curriculum vitae of proposed Professional staff.
Appendix B-6 Time schedule for deployment of Professional staff
Appendix B-7 Activity (works) schedule.
Appendix B-8 Affidavit for correctness of CVs of key personnel and experience
claimed by the firm.
Self evaluation based on the criteria mentioned in the Bid
Document
29
APPENDIX B-1
Technical proposal submission form.
FROM (Name of Firm) To: (Name and Address of Client)
Ladies/Gentlemen:
Subject: Submission of Technical and Financial Proposal for engagement as
Authority’s Engineer for the EPC work ___________________________________.
We, the undersigned, offer to provide the consulting services for the above in
accordance with your Request for Proposal dated (Date), and our Proposal. We are
hereby submitting our Proposal, which includes this Technical Proposal and a
Financial Proposal sealed under a separate envelope for the above mentioned work.
We understand that Employer shall be at liberty to keep the credentials of

Consultants submitted at bidding stage, in public domain and the same may be
uploaded by Employer on official website of Employer. We undertake that we shall
have no objection if Employer uploads/hosts the information pertaining to credentials
of our firm as well as of our key personnel.
If negotiations are held during the period of validity of the Proposal i.e. before (Date) we
undertake to negotiate on the basis of the proposed staff. Our Proposal is binding upon
us and subject to the modifications resulting from contract negotiations. We understand
you are not bound to accept any Proposal you receive.
We have submitted self evaluation of our Technical Proposal based on the criteria
mentioned in the Bid Document and respective references to these have been
indicated therein.
We remain,
Yours sincerely,
Managing Director/Head of the firm/Authorised

Representative of the firm + *
Name of the firm
Address
*Lead Member in case of JV
30
APPENDIX B-2 : COMMENT AND SUGGESTIONS OF CONSULTANTS ON THE

TERMS OF REFERENCE AND ON SERVICES AND FACILITIES TO BE PROVIDED
BY THE EMPLOYER
On the Terms of Reference (not more than one page):
1.
2.
3.
4.
S.
On the services and facilities to be provided by the Employer (not more than one
page)
1.
2.
3.
4.
S.
31
APPENDIX B-3 : APPROACH PAPER ON METHODOLOGY AND WORK PLAN FOR

PERFORMING THE ASSIGNMENT
(not more than six pages)
32
APPENDIX B-4 : COMPOSITION OF THE TEAM PERSONNEL, AND TASK(S) OF

EACH TEAM MEMBER
1. Technical/Managerial Staff
Sl. No. Name Position Task

1
..
2. Support Staff
Sl. No. Name Position Task

1
..
33
APPENDIX B-5 : FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED

PROFESSIONAL STAFF
Proposed Position : SSSSSSSSSSSSSSSSSS
Name of Firm :........................................................................................

Name of Staff :........................................................................................
Profession :..................................................................................... Photograph
Date of Birth :
Years with Firm/Entity : ........................................... Nationality : ..............................
Membership of Professional Societies :.........................................................................
Detailed Task Assigned : ..............................................................................................
S.No Name of Projec Period Assignmen Client Remark
Employer Post Held t t in the of the
Name Project Projec
t
From To
Education :
[Summaries college/university and other specialised education of staff member,
giving their names, dates attended, and degrees obtained. Use about one quarter of
a page.]
Key Qualifications :
[Give an outline of staff member’s experience and training most pertinent to
tasks on assignment. Describe degree of responsibility held by staff member
on relevant previous assignments and give dates and locations. Use about half a
page.]
Employment Record :
[Starting with present position, list in reverse order every employment held. List all
positions held by staff member since graduation, giving dates, name of employing
organisations, titles
of positions held, and locations of assignments. For experience also give types
of activities performed and client references, where appropriate. Use about
three-quarters of a page.]
34
Languages :
[For English language indicate proficiency : excellent, good, fair, or poor; in
speaking, reading, and writing]
Summary of Qualification & Experience vis-à-vis the requirements as per TOR

Requirements Possessed by the Break-up of experience
as per TOR Staff Member Brief Description of Project Man-months provided
(Enclosure-B)
Certification by the Candidate

I, the undersigned, (Name and Address) undertake that this CV correctly describes
myself, my qualifications and my experience and Employer would be at liberty to
debar me if any information given in the CV, in particular the Summary of
Qualification & Experience vis-à-vis the requirements as per TOR is found incorrect.
I further undertake that I have neither been debarred by NHAI/MORT&H or
any other central/state government organization nor left any assignment
with the consultants engaged by Employer / contracting firm (firm to be
supervised now) for any continuing work of Employer without completing my
assignment. I will be available for the entire duration of the current project
(namedS..). If I leave this assignment in the middle of the work, Employer would be
at liberty to debar me from taking any assignment in any of the Employer
works for an appropriate period of time to be decided by the Employer. I have no
objection if my services are extended by the Employer for this work in future.
I further undertake that my CV is being proposed for this project by --------- (the
applicant firm) and I have not given consent to any other consultant(s) to propose
my CV for any position for this project.
I further undertake that if due to my inability to work on this project due to

unavoidable circumstances, due to which consultant’s firm is forced to seek
replacement. In such unavoidable circumstances, I shall not undertake any
employment in Employer projects during the period of assignment of this project and
Employer shall consider my CV invalid till such time.
I undertake that I have no objection in uploading/hosting of my credentials by

Employer in public domain.
I undertake that I have already registered myself on INFRACON and my credentials

are uploaded on the portal. My registration ID isSSSS I undertake that I have
updated my credentials.
For Key Personnel having intermittent inputs, add the following:

I further certify that I am associated with the following assignments as on date (as on 7
days prior to due date for submission of proposal) including those for which LOA has
been received by the firm and the inputs in these assignments shall not effect the work
of the current assignment.
35
Name of Client Date of Likely Likely Total input of the

Assignment LOA start end person (man-
(Month / (Month / months)
Year) Year)
Note : CVs of Key Personnel having intermittent inputs will be considered only if the
assignments on hand as on 7 days before due date of proposal including those for
which LOA has been received from the Client or for which Consultant has been
declared as H1 do not exceed 3 (three) for Senior Contract Specialist , and Sr.
Quantity Surveyor.
SSSSSSSSSSSSSSSSSSSSSS.. Date
(Signature of Key Personnel)
(Day/Month/Year)
Certification by the firm
The undersigned on behalf of ----------( name of consulting firm) certify that the
qualification and experience details of Shri ------ (name
of the proposed personnel and address) as described in the CV has been checked
and found to be correct. It is also certified that Shri-------- (name of proposed
personnel) to the best of our knowledge has neither been debarred by
NHAI/MORT&H or any other Central/State Government organization nor left his
assignment with any other consulting firm engaged by the Employer / Contracting
firm (firm to be supervised now) for the ongoing projects. We understand that if
the information about leaving the past assignment is known to the Employer,
Employer would be at liberty to remove the personnel from the present assignment
and debar him for an appropriate period to be decided by the Employer. It is further
certified that I have verified that the Key Personnel is registered in INFRACON and his
updated credentials are uploaded in the portal.
SSSSSSSSSSSSSSSSSSSSSS.. Date : SSSSSS

(Day/Month/Year)
[Signature of authorised representative of the Firm]

Note:-
a) Personnel is to affix his recent photograph on first page of CV.
b) Complete address and phone number of the Personnel is to be provided.
c) Document for proof of age is to be enclosed.
d) Document for proof of qualification is to be enclosed.
e) Age of the personnel shall not be more than as specified.
f) Experience Certificates from Employers to be attached.
36
APPENDIX B-6: TIME SCHEDULE FOR PROFESSIONAL PERSONNEL
A. Activity Schedule
Sl. Name Monthwise Program (in form of Bar Chart)

No. Position [1st, 2nd, etc. are months from the start of assignment]
th
1st 2n 3r 4t 5t 6th 7th 8t 9th 10t 11t 12 Number
d d h h h h h and of
subseq Months
uent
year
1 Subtot
al (1)
2 Subtot
al (2)
3 Subtot
al (3)
4 Subtot
al (4)
- -
- -
37
APPENDIX B-7 : ACTIVITY (WORKS) SCHEDULE
A. Activity Schedule
Monthwise Program (in form of Bar Chart)
[1st, 2nd, etc. are months from the start of assignment]
th th
Sl. Item of Activity (Works) 1st 2n 3rd 4th 5th 6th 7th 8th 9th 10 11 12th
1 .......................................
2 .......................................
3 .......................................
4 .......................................
- .......................................
- .......................................
B. Completion and Submission of Reports

S.No Reports : Programme : (Date)
1 Monthly reports
(Design and Construction)
2 Quarterly Reports
3 Various others reports as provided in the Concession

Agreement such as Completion Report
38
APPENDIX B-8: AFFIDAVIT FOR CORRECTNESS OF CV OF KEY PERSONNEL

AND EXPERIENCE CLAIMED BY THE FIRMS
(To be submitted on non-judicial Stamp Paper)
I, the undersigned, on behalf of _______________________ (name of the

Consultant submitting the proposal), do hereby certify that the details furnished in this
proposal including CV of key personnel and experience claimed by the firm/firms are
true and correct to the best of my knowledge and belief.
Managing Director/Head of the

Firm/Authorised Representative of the firm*
Address
39
SECTION 5: FORMAT FOR SUBMISSION OF FINANCIAL PROPOSAL.
Appendix C-1 Financial proposal submission form
Appendix C-2 Summary of costs
Appendix C-3 Breakdown of costs
40
APPENDIX C-1 : FINANCIAL PROPOSAL SUBMISSION FORM
FROM : (Name of Firm) TO :
Address of Employer
Subject :
We, the undersigned, offer to provide the consulting services for the
above in accordance with your Request for Proposal dated [Date], and
our proposal. Our attached financial proposal is for the sum of [Amount in
words and figures]. This amount is exclusive of the local taxes which we
have estimated at (Amount in Words and Figures).
Our financial proposal shall be binding upon us subject to the modifications

resulting from contract negotiations, up to the expiration of the validity period
of the proposal, i.e., [Date].
We undertake that, in competing for (and, if the award is made to us, in

executing) the above contract, we will strictly observe the laws against fraud
and corruption in force in India namely “Prevention of Corruption Act 1988”.
Commission and gratuities, if any, paid or to be paid by us to agents relating

to this proposal and contract execution, if we are awarded the contract, are listed
below:
Name and Address Amount and Purpose of Commission

of Agents Currency or Gratuity
............................... ........................... SS..SSSSSSS
............................... ........................... SSSSSSSSS.
We understand you are not bound to accept any proposal you receive.
We remain,
Yours sincerely,
Managing Director/Head of the

firm/Authorised Representative of the
firm*
Name of the firm
Address
41
APPENDIX C-2 : SUMMARY OF COSTS
Amount
No. Description (Rs.)
I Remuneration for Local Professional Staff
II Supporting Staff
III Transportation
IV Duty Travel to Site
V Office Rent
VI Office Supplies, Utilities and Communication
VII Office Furniture and Equipment
VIII Reports and Document Printing
IX Survey Equipment with Survey Party and Vehicle
X Contingencies
Consultancy Services Tax Payable in India
Total Costs (Including Tax)
Note: Payments will be made as per stipulations of the Conditions of Contract.
42
APPENDIX C-3 : BREAKDOWN OF COSTS

I. REMUNERATION FOR LOCAL PROFESSIONAL STAFF
(for Single project of length around 100 km and above)
Man-month in Billing Amount
S. No. Key Personnel Man-month in Maintenance/ Rate (Rs)
Construction Defect (Rs)
A: Key Personnel period of 18 Liability
months period of 48
months
1. Team Leader Cum Senior 18 12
Highway Engineer
2. Residential Engineer cum 18 48
Pavement specialist +
Road Safety Expert
3. Sr. Contract Specialist 8 4
4. Highway Design Specialist 3 0
5. Bridge Design Specialist 3 0
6 Senior Quantity Surveyor 18 4
7. Bridge/Structural Engineer* 14 0
8 Material Engineer 18 4
Sub Total 100 72
B: Sub Professional Staff
(a) Quantity Surveyor 18 6
(b) Survey Engineer 18 6
(c) Lab Technician 18 6
Sub Total 54 18
TBN = To Be Named
II. Support Staff
No. Position Name Staff Months Rate ( Rs) Amount
(Rs)
1 Office Manager (1 no) TBN 18 months + 48 months
2. Accountant cum TBN 18 months + 48 months
cashier (1 no)
3 Photocopy Machine TBN 18 months + 48 months
Operator ( 1 no)
4 Computer Operator TBN 18 months + 48 months
cum steno( 1 no)
5 Office Boy ( 1 no) TBN 18 months + 48 months
Total :
* The input of Bridge/Structure Engineer has been reduced considering the site
requirement.
43
III. Transportation (Fixed rate on rental basis)
The vehicles provided by the Consultants shall include the cost for rental, drivers,
operation, maintenance, repairs, insurance, etc. for all complete approx.
3000km/month run
S.N Description Qty. Total Rate Amoun

o of Vehicles (No. of vehicle-month) / t (Rs)
During During Vehicle
Construction Maintenance / - Month
Period DLP Period
1 Innova / 2x 18 months 1X48 84
Scorpio or
equivalent
(not more
than 3 years
old)
2 Ambassador 1x 18 months 1X48 66
/ Indica or
equivalent
(not more
than 3 years
old)
Total 54 96 150
IV. Duty Travel to Site (Fixed Costs) (For single or 2 projects clubbed together) :
Professional and Sub-Professional Staff
The employer may require the Key Personnel to visit the Employer’s Site/Regional office.
The quoted amount should include travel fare for 20 round trip to Employer’s Head Office
and 20 round trip to Employer’s regional office (including Hotel charges, travel costs etc.
Complete).
V. Office Rent (Fixed Costs)– Minimum 400 sqm area of office shall be rented.
(for Single or two projects clubbed together)
The rent cost includes electricity and water charges, maintenance,

Cleaning, repairs, etc. complete.
Nos of Months Rate/month Amount

(18 months + 48 months)
44
VI. Office Supplies, Utilities and Communication (Fixed Costs)

(for Single project or 2 projects clubbed together)
No Item Months Monthly Amount in

Rate Rs
1. Office Supplies 18 months + 48
months
2. Drafting Supplies 18 months + 48

months
3. Computer Running Costs 18 months + 48

months
4. Domestic and 18 months + 48

International months
Communication
VII. Office Furniture and Equipment (Rental) [Fixed monthly cost]

(for Single or two projects clubbed together)
(Brand new Furniture and Equipment shall be mandatory at the time of

commencement of services as per the list given below. The rental rate per month
shall be quoted for the total list of Office Furniture and Equipment)
No Descripti Unit Qty. Rate/ Period in Amount

on Month Months (Rs.)
/unit
(Rs.)
Office Furniture (Rental/Hire)
1 Executive Table (Godrej make, each 6(1 for 18 months +
model each 48 months
No. T-108 or equivalent) Key
Person
nel)
2 Executive Chairs (Godrej make, each 6(1 for 18 months +
model eack 48 months
No. PCH-701 or equivalent) Key
Person
nel)
3 Tables (Godrej make, model each 4 18 months +
No. T-104 or equivalent) 12 months
45
4 Ordinary Chairs Type-1 (Godrej each 15 18 months +

make, 12 months
model No T-CHR –6 or
equivalent)
5 Tables (for all other staff) each 4 18 months +
(Godrej 12 months
make, model No. T-101 or
equivalent)
6 Ordinary Chairs –Type II (for all each 10 18 months +
other 12 months
staff) (Godrej make, model No.
CHR-6
or equivelent
7 Steel Almirah 1270mm x 765mm each 6 18 months +
x 48 months
440mm (Godrej make, model
minor plain or equivalent)
8 Visitors chairs/Conference room each 6 18 months +
chairs 12 months
(Godrej make, model No.
DCH7004 or equivalent)
9 Tables for computers with 3 each 4 18 months +
drawers, 12 months
key board/mouse pull out trays
size
1664mm x 900 (Godrej make.
Or equivalent as per
Engineer’s design)
10 Printer desks (Godrej make or each 2 18 months +
equivalent) 12 months
11 Side tables (Godrej make or each 4 18 months +
12 Conference Table (Godrej make, each 1 18 months +
model 12 months
No. T-12 or equivalent)
13 Revolving Chairs for Computer each 3 18 months +
Room/Drawing room 12 months
Office Equipment (Rental/Hire)
1 Telephone with PABX facilities (2 each 2 18 months +
external lines & 10 internal lines) 48 months
2 Photocopier each 1 18 months +
48 months
3 Fax each 1 18 months +
48 months
46
4 Air-Conditioner (1.5 Ton) each 3 18 months +

48 months
5 Computer PC (state of the art) each 4 18 months +
48 months
6 Laser Jet Printers each 3 18 months +
48 months
7 Diesel Generator 20KVA) with each 1 18 months +
running 48 months
cost
8 Binding Machine each 1 18 months
+ 48
months
9 Air Cooler (of 24” size fan with each 2 18 months +
suitable 48 months
pump and shall be of either
GEC, Khaitan or Cool
Home make or equivalent)
10 Water Coolers (Voltas or each 1 18 months +
11 Software LS LS 18 months +
48 months
Total
VIII. Reports and Document Printing

(for Single project or two projects clubbed together)
No. Description No. of No. of Total Rate Amount
Reports Copies Nos. Of per
per copies Copy (
1 Monthly reports 66 6 396
2 Quarterly Reports 22 6 132
3 Various others 5 6 30
reports as
provided in the EPC
Agreement such as
Completion Report
Total
47
IX. Survey Equipment with Survey Party and Vehicle etc complete
(for Single project or two projects clubbed together)
Nos. of Months Rate

Description /month Amount
Rental cost towards Survey 30

Equipment
(GPS/Total station /Auto Level)
with semiskilled survey Party (4
persons) and one dedicated
vehicle for Survey Party (inclusive
of vehicle rental driver’s
salary, fuel operation and
maintenance etc complete) with
rods, flags and other sundries
X. Contingencies
A fixed amount of Indian Rupees ONE MILLION shall be included in
the Financial Proposal. The provisions of Contingency shall be operated with
the specific approval form the Authority.
48
SECTION 6: TERMS OF REFERENCE FOR AUTHORITY’S ENGINEER
[Note: The term “Agreement” and clauses thereof refer to the EPC Agreement dated-----
- entered between Authority and --------(the Contractor) for the work of .............. from
km---- to ---- of NH No.------- in the State of -------------- on Engineering, Procurement and
Construction (EPC) basis].
1. Scope
1.1 These Terms of Reference (the “TOR”) for the Authority’s Engineer are being
specified pursuant to the EPC Agreement dated ........... (the “Agreement”), which
has been entered into between the Authority and ............. (the “Contractor”) for
[Two-Laning] of the **** section (km ** to km**) of National Highway No. ** in the
State of *** on Engineering, Procurement, Construction (EPC) basis, and a copy of
which is annexed hereto and marked as Annex-A to form part of this TOR.
1.2 The TOR shall apply to construction and maintenance of the Project Highway.
2 Definitions and interpretation
2.1 The words and expressions beginning with or in capital letters and not defined
herein but defined in the Agreement shall have, unless repugnant to the context, the
meaning respectively assigned to them in the Agreement.
2.2 References to Articles, Clauses and Schedules in this TOR shall, except where the
context otherwise requires, be deemed to be reference to the Articles, Clauses and
Schedules of the Agreement, and references to Paragraphs shall be deemed to be
references to Paragraphs of this TOR.
2.3 The rules of interpretation stated in Clauses 1.2, 1.3 and 1.4 of the Agreement shall
apply, mutatis mutandis, to this TOR.
3 General
3.1 The Authority’s Engineer shall discharge its duties in a fair, impartial and efficient
manner, consistent with the highest standards of professional intergrity and Good
Industry Practice.
3.2 The Authority’s Engineer shall perform the duties and exercise the authority in
accordance with the provisions of this Agreement, but subject to obtaining prior
written approval of the Authority before determining.
(a) any Time Extension.
(b) Any additional cost to be paid by the Authority to the Contrator;
(c) The Termination Payment; or
(d) Any other matter which is not specified in (a), (b) or (c) above and which creates
an obligation or liability on either Party for a sum exceeding Rs. 5,000,000 (Rs.
Fifty lakh.)
3.3 The Authority’s Engineer shall submit regular periodic reports, at least once every
month, to the Authority in respect of its duties and functions under this Agreement.
Such reports shall be submitted by the Authority’s Engineer within 10 (ten) days of
the beginning of every month.
3.4 The Authority’s Engineer shall inform the Contractor of any delegation of its duties
and responsibilities to its suitably qualified and experienced personnel; provided,
49
however, that it shall not delegate the authority to refer any matter for the Authority’s
prior approval in accordance with the provisions of Clause 18.2 Model EPC
Agreement.
3.5 The Authority’s Engineer shall aid and advise the Authority on any proposal for
Change of Scope under Article 13.
3.6 In the event of any disagreement between the Parties regarding the meaning, scope
and nature of Good Industry Practice, as set forth in any provision of the Agreement,
the Authority’s Engineer shall specify such meaning, scope and nature by issuing a
reasoned written statement relying on good industry practice and authentic literature.
4 Construction Period
4.1 During the Construction Period, the Authority’s Engineer shall review the Drawings
furnished by the Contractor along with supporting data, including the geo-technical
and hydrological investigations, characteristics of materials from borrow areas and
quarry sites, topographical surveys, and the recommendations of the Safety
Consultant in accordance with the provisions of Clause 10.1.6 of Model EPC
Agreement. The Authority’s Engineer shall complete such review and send its
observations to the Authority and the Contractor within 15 (fifteen) days of receipt of
such Drawings; provided, however that in case of a Major Bridge or Structure, the
aforesaid period of 15 (fifteen) days may be extended upto 30 (thirty) days. In
particular, such comments shall specify the conformity or otherwise of such
Drawings with the Scope of the Project and Specifications and Standards.
4.2 The Authority’s Engineer shall review any revised Drawings sent to it by the
Contractor and furnish its comments within 10 (ten) days of receiving such
Drawings. The review of drawing should be authenticated by Authority’s Engineer.
4.3 The Authority’s Engineer shall review the Quality Assurance Plan submitted by the
Contractor and shall convey its comments to the Contractor within a period of 21
(twenty-one) days stating the modifications, if any, required thereto.
4.4 The Authority’s Engineer shall complete the review of the methodology proposed to
be adopted by the Contractor for executing the Works, and convey its comments to
the Contractor within a period of 10 (ten) days from the date of receipt of the
proposed methodology from the Contractor.
4.5 The Authority’s Engineer shall grant written approval to the Contractor, where
necessary, for interruption and diversion of the flow of traffic in the existing lane(s) of
the Project Highway for purposes of maintenance during the Construction Period in
accordance with the provisions of Clause 10.4 Model EPC Agreement.
4.6 The Authority’s Engineer shall review the monthly progress report furnished by the
Contractor and send its comments thereon to the Authority and the contractor within
7 (seven) days of receipt of such report.
4.7 The Authority’s Engineer shall inspect the Construction Works and the Project
Highway and shall submit a monthly Inspection Report bringing out the results of
inspections and the remedial action taken by the Contractor in respect of Defects or
deficiencies. In particular, the Authority’s Engineer shall include in its Inspection
Report, the compliance of the recommendations made by the Safety Consultant.
50
4.8 The Authority’s Engineer shall conduct the pre-construction review of manufacturer’s
reports and standard samples of manufactured Materials, and such other Materials
as the Authority’s Engineer may require.
4.9 For determining that the Works conform to Specifications and Standards, the
Authority’s Engineer shall require the Contractor to carry out, or cause to be carried
out, tests at such time and frequency and in such manner as specified in the
Agreement and in accordance with Good Industry Practice for quality assurance. For
purposes of this Paragraph 4.9, the tests specified in the IRC Special Publication-11
(Handbook of Quality Control for Construction of Roads and Runways) and the
Specifications for Road and Bridge Works issued by MORT&H (the “Quality Control
Manuals”) or any modifications/substitution thereof shall be deemed to be tests
conforming to Good Industry Practice for quality assurance.
4.10 The Authority’s Engineer shall test check at least 20 (twenty) percent of the quantity
or number of tests prescribed for each category or type of test for quality control by
the Contractor.
4.11 The timing of tests referred to in Paragraph 4.9, and the criteria for
acceptance/rejection of their results shall be determined by the Authority’s Engineer
in accordance with the Quality Control Manuals. The tests shall be undertaken on a
random sample basis and shall be in addition to, and independent of, the tests that
may be carried out by the Contractor for its own quality assurance in accordance
with Good Industry Practice.
4.12 In the event that results of any tests conducted under Clause 11.10 establish any
Defects or deficiencies in the Works, the Authority’s Engineer shall require the
Contractor to carry out remedial measures.
4.13 The Authority’s Engineer may instruct the Contractor to execute any work which
is urgently required for the safety of the Project Highway, whether because of an
accident, unforeseeable event or otherwise; provided that in case of any work
required on account of a Force Majeure Event, the provisions of Clause 21.6 of
Model EPC Agreement shall apply.
4.14 In the event that the Contractor fails to achieve any of the Project Milestones, the
Authority’s Engineer shall undertake a review of the progress of construction and
identify potential delays, if any. If the Authority’s Engineer shall determine that
completion of the Project Highway is not feasible within the time specified in the
Agreement, it shall require the Contractor to indicate within 15 (fifteen) days the
steps proposed to be take to expedite progress, and the period within which the
Project Completion Date shall be achieved. Upon receipt of a report from the
Contractor, the Authority’s Engineer shall review the same and send its comments to
the Authority and the Contractor forthwith.
4.15 The Authority’s Engineer shall obtain from the Contractor a copy of all the
Contractor’s quality control records and documents before the Completion Certificate
is issued pursuant to Clause 12.4 of Model EPC Agreement.
4.16 Authority’s Engineer may recommend to the Authority suspension of the whole or
part of the Works if the work threatens the safety of the Users and pedestrians.
After the Contractor has carried out remedial measure, the Authority’s Engineer shall
51
inspect such remedial measures forthwith and make a report to the Authority
recommending whether or not the suspension hereunder may be revoked.
4.17 In the event that the Contractor carries out any remedial measures to secure the
safety of suspended works and users, and requires the Authority’s Engineer to
inspect such works, the Authority’s Engineer shall inspect the suspended works
within 3 (three) days of receiving such notice, and make a report to the Authority
forthwith, recommending whether or not such suspension may be revoked by the
Authority.
4.18 The Authority’s Engineer shall carry out, or cause to be carried out, all the Tests
specified in Schedule-K and issue a Completion Certificate or Provisional Certificate
as the case may be. For carrying out is functions under this Paragraph 4.18 and all
matters incidental thereto, the Authority’s Engineer shall act under and in
accordance with the provisions of Article 12 and Schedule-K.
5 Maintenance Period
5.1 The Authority’s Engineer shall aid and advise the Contractor in the preparation of its
monthly Maintenance Programme and for this purpose carry out a joint monthly
inspection with Contractor.
5.2 The Authority’s Engineer shall undertake regular inspections, at least once every
month to evaluate compliance with the Maintenance Requirements and submit a
Maintenance Inspection Report to the Authority and the Contractor.
5.3 The Authority’s Engineer shall specify the tests, if any, that the Contractor shall carry
out, or cause to be carried out, for the purpose of determining that the Project
Highway is in conformity with the Maintenance Requirements. It shall monitor and
review the results of such tests and remedial measures, if any, taken by the
Contractor in this behalf.
5.4 In respect of any defect or deficiency referred to in Paragraph 3 of Schedule-E, the
Authority’s Engineer shall, in conformity with Good Industry Practice, specify the
permissible limit of deviation or deterioration with reference to the Specifications and
Standards and shall also specify the time limit for repair or rectification of any
deviation or deterioration beyond the permissible limit.
5.5 The Authority’s Engineer shall examine the request of the Contractor for closure of
any lane (s) of the Project Highway for undertakings maintenance/repair thereof, and
shall grant permission with such modifications, as it may deem necessary, within 5
(five) days of receiving a request from the Contractor. Upon expiry of the permitted
period of closure, the Authority’s Engineer shall monitor the reopening of such lane
(s), and in case of delay, determine the Damages payable by the Contractor to the
Authority under Clause 14.5 of Model EPC Agreement
6 Determination of costs and time
6.1 The Authority’s Engineer shall determine the costs, and/or their reasonableness, that
are required to be determined by it under the Agreement.
6.2 The Authority’s Engineer shall determine the period of Time Extension that is
required to be determined by it under the Agreement.
6.3 The Authority’s Engineer shall consult each Party in every case of determination in
accordance with the provisions of Clause 18.5 of Model EPC Agreement.
52
7 Payments
7.1 The Authority’s Engineer shall withhold payments for the affected works for which
the Contractor fails to revise and resubmit the Drawings to the Authority’s Engineer
in accordance with the provision of Clause 10.2.4 (d) of Model EPC Agreement.
7.2 Authority’s Engineer shall
a) within 10 (ten) days of receipt of the Stage Payment Statement from the
Contractor pursuant to Clause 19.4, determine the amount due to the Contractor and
recommend the release of 90 (ninety) percent of the amount so determined as part
payment, pending issue of the Interim Payment Certificate; and
b) within 15 (fifteen) days of the receipt of the Stage Payment Statement referred to
in Clause 19.4, deliver to the Authority and the Contractor an Interim Payment
Certificate certifying the amount due and payable to the Contractor, after
adjustments in accordance with the provisions of Clause 19.10 of Model EPC
Agreement.
7.3 The Authority’s Engineer shall, within 15 (fifteen) days of receipt of the Monthly
Maintenance Statement from the Contractor pursuant to Clause 19.6 of Model EPC
Agreement, verify the Contractor’s monthly statement and certify the amount to be
paid to the Contractor in accordance with the provisions of the Agreement.
7.4 The Authority’s Engineer shall certify final payment with 30 (thirty) days of the receipt
of the final payment statement of Maintenance in accordance with the provisions of
Clause 19.16 of Model EPC Agreement.
8 Other duties and functions
The Authority’s Engineer shall perform all other duties and functions as specified in
the Agreement.
9 Miscellaneous
9.1 A copy of all communications, comments, instructions, Drawings or Documents sent
by the Authority’s Engineer to the Contractor pursuant to this TOR, and a copy of all
the test results with comments of the Authority’s Engineer thereon, shall be
furnished by the Authority’s Engineer to the Authority forthwith.
9.2 The Authority’s Engineer shall retain at least one copy each of all Drawings and
Documents received by it, including ‘as – built’ Drawings and keep them in its safe
custody.
9.3 Within 90 (ninety) days of the Project Completion Date, the Authority’s Engineer
shall obtain a complete set of as built Drawings in 2 (two) hard copies and in micro
film form or in such other medium as may be acceptable to the Authority, reflecting
the Project Highway as actually designed, engineered and constructed, including an
as-built survey illustrating the layout of the Project Highway and setback lines, if
any, of the buildings and structures forming part of project Facilities; and shall hand
them over to the Authority against receipt thereof.
9.4 The Authority’s Engineer, if called upon by the Authority or the Contractor or both,
shall mediate and assist the Parties in arriving at an amicable settlement of any
Dispute between the Parties.
9.5 The Authority’s Engineer shall inform the Authority and the Contractor of any event
of Contractor’s Default within one week of its occurrence.
53
10. PERFORMANCE CLAUSE

Authority’s Engineers shall be expected to fully comply with all the provisions of
the `Terms of Reference’, and shall be fully responsible for supervising the
Designs, Construction and maintenance and operation of the facility takes place
in accordance with the provisions of the EPC Agreement and other schedules.
Any failure of the Authority Engineer in notifying to Employer and the
Contractor on non-compliance of the provisions of the EPC Contract
Agreement and other schedules by the EPC Contractor, non-adherence to
the provision of ToR and non-adherence to the time schedule prescribed under
ToR shall amount to non-performance.
The Authority Engineer shall appoint its authorized representative, who shall
issue on behalf of the AE, the Provisional Completion Certification and
Completion Certificate along with the Team Leader and shall carry out any such
task as may be decided by Employer. The AE shall take prior approval of
Employer before issuing Provisional Completion Certification and Completion
Certificate. The proposal submitted shall also include the name of the
authorized representative along with the authorization letter and power of
attorney.
11. CONSULTANT’S PROPOSAL
11.1 List of key personnel to be fielded by the Consultants shall be as below:
i. Team Leader Cum Senior Highway

Engineer
ii. Resident Engineer cum Pavement Specialist+ Road safety Expert
iii. Sr. Contract Specialist
iv. Highway Design Specialist
v. Bridge Design Specialist
vi. Senior Quantity Surveyor
vii. Bridge/Structural Engineer
viii. Material Engineer
11.2 Broad job-description and minimum qualification for key personnel mentioned
above is enclosed as Enclosure–B. However, higher marks shall be accorded
to the Candidate with higher relevant qualification and experience. All the CV’s of
the personals mentioned in Para 5.3 (iii) of Data Sheet shall be evaluated at the
time of evaluation of technical proposal. The age of the Key Personnel should
not be more than 65 years on the date of submission of proposal.
Consultants are advised in their own interest to frame the technical
proposal in an objective manner as far as possible so that these could be
properly assessed in respect of points to be given as part of evaluation criteria.
The bio-data of the key personnel should be signed on every sheet by the
personnel concerned and the last sheet of each bio-data should also be signed
by the authorised signatory for the Consultant. The key personnel shall also
certify at the end of their bio-data proforma that they have not left any of the
Employer works without completing of their assignment and have not accepted
54
any other offer at the time of signing of the bio-data and as such shall be
available to work with the Authority Engineer, if the Project is awarded. In
case the key personnel leaves the assignment without approval of Employer,
Em ployer would be at liberty to take any appropriate action against that key
personnel including debarment. The CV submitted by selected firm/JV shall be
hoisted on official website of Employer.
11.3 In addition to above, consultants are required to propose other key
personnel, sub- professional staff and other field engineers as detailed
in Enclosure-A and the minimum qualification requirements for the same is
enclosed in Enclosure–B.
12. PERIOD OF SERVICES

12.1 The services of an Authority’s Engineer will be in phases as per Contract
Agreement.
12.1.1 The appointment of the Authority’s Engineer shall initially be as per details
given below.
Period of Construction Maintenance/DLP

service (in period Period
months) (in months) (in months)
66 18 48
The proposed manpower deployment for this period shall be matching the
activities to be performed during the said period. The time frame for services
during the deployment of key personnel during this period shall be as shown
in Enclosure A.
13. PERFORMANCE SECURITY

The successful consulting firm shall have to submit a Bank Guarantee
(BG) for an amount of 2.50% of the Contract Value within 15 days of issue
of LOA. The BG shall be valid for a period of 2 months beyond the expiry of
the Contract period. The BG shall be in the format specified in Appendix ‘H’
of draft contract form and furnished from a Nationalised Bank, IDBI or
ICICI/ICICI Bank/Foreign Bank/EXIM Bank / Any Scheduled Commercial
Bank approved by RBI having a net worth of not less than 500 crore as per
latest Annual Report of the Bank. In the case of a Foreign Bank (issued by a
Branch in India) the net worth in respect of Indian operations shall only be
taken into account. In case of Foreign Bank, the BG issued by Foreign Bank
should be counter guaranteed by any Nationalised Bank in India. In case of
JV, the BG shall be furnished on behalf of the JV and not individually by the
members.
55
Enclosure-A
MAN - MONTHS INPUT FOR KEY PROFESSIONAL STAFF

AUTHORITY ENGINEER
S. No. Key Personnel Man-month in Man-month in

Construction period of Maintenance/Defect
A: Key Personnel 18 months Liability period of 48
months
1. Team Leader Cum Senior 18 12
Highway Engineer
2. Resident Engineer cum 18 48
Pavement Specialist +
Road safety Expert (To be
designated as Team
Leader in Maintenance
period after Team Leader-
cum-Sr.Resident
Engineer’s work is
completed)
3. Sr. Contract Specialist 8 4
4. Highway Design Specialist 3 0
5. Bridge Design Specialist 3 0
6. Senior Quantity Surveyor 18 4
7. Bridge/Structural Engineer 14 0
8. Material Engineer 18 4
Sub Total 100 72
B: Sub Professional Staff
(a) Quantity Surveyor 18 6
(b) Survey Engineer 18 6
(c) Lab Technician 18 6
Sub Total 54 18
Note: The qualification and experience of Sub Professional staff would not be
accounted in the evaluation. However, Consultant shall have to get their CVs
approved from Employer before mobilization. The other inputs like support staff shall
also be provided by the Consultant of an acceptable type commensuration with the
roles and responsibilities of each position.
56
Enclosure B
QUALIFICATION OF KEY PERSONNEL
TEAM LEADER CUM SENIOR HIGHWAY ENGINEER (Full Time)
Duties: The Team Leader will reside at project site on a full time basis throughout the period
of the construction supervision services. He will be overall in-charge of the project
supervision of the construction package. He shall act as Representative of the consulting
firm appointed by the Authority. His duties will involve overall superintendence over the
Resident Engineers and other experts of the construction package. He will guide, monitor,
supervise and control all the activities related to supervision for the construction package.
He will interact with the Project Director and the other officials of the Authority.
He should have the following qualification / experience.
(1) Essential Qualifications.
(a) Graduate in Civil Engineering from recognized university.
(b)Total Professional Experience of 15 years in handling Highway Contracts.
(c) At least 5 years experience as Team Leader/Resident Engineer/Project Manager or
similar capacity in Highway project.
(d) He should have handled as Team Leader/Resident Engineer/Project Manager or similar
capacity of at least two projects in Construction Supervision of Highways.
(e) He should have handled as Team Leader or similar capacity of at least one Projects of
project Preparation of major highway Project of two/ four- laning.
(f) Not more than 65 years of age.
(2) Preferential Qualifications.

(a) Post Graduate Degree in Construction Management/Highway Engineering.
(b) Supervised Highway Construction projects with flexible pavements.
Note: (1) Similar Capacity includes the following positions
i) On behalf of Consultant : Team Leader / Resident Engineer (Construction

Supervision/IE/AE).
ii) On behalf of Contractor : Project Manager (Construction/ Construction Supervision)
iii) In Government Organizations : Superintending Engineer (or equivalent) and above
(2) Only those projects will be considered for evaluation at Sl. No. 1(d) and 1(e) above,
where the input of the personnel is at least one year.
RESIDENT ENGINEER CUM PAVEMENT SPECIALIST+ ROAD SAFETY EXPERT (Full
Time)
Duties: He shall be the in-charge of the construction supervision of project stretch and shall
coordinate with all other experts of the construction projects and shall report to the Team
57
Leader and officers of PIU as per the delegation established. He shall be directly
responsible for regulating the construction process i.e. various activities like earthwork,
Sub-base/base courses, bituminous pavement, bridge/culvert works proposed for being
carried out under Stipulated specifications/manuals etc. For this purpose, he shall be
assisted by Highway Engineer and other support engineers/personnel. He shall deal
directly with the Highway Engineer and other support staff attached with the Highway
Engineer to ensure that the construction process is well controlled as per established
specification controls to avoid later quality control stage problems. In respect of other
experts like Material Engineer, Quantity Surveyor, etc., he shall be coordinating and
regulating their activities to ensure smooth functioning of the Construction Package
concerned. He should have adequate experience in large quantity of earthwork. He will be
required to be fielded throughout the Currency of the project. The candidate is expected to
be thoroughly familiar with various standards/specifications, contract procedures, design
and quality control etc. In addition he will be responsible for ensuring road safety during
construction and maintenance period of the project,

(a) Graduate in Civil Engineering from a recognized University.
(b) Professional Experience of 12 years in supervision of Highway Projects.
(c) Atleast 8 years experience as Resident Engineer/Assistant Resident Engineer/Project
Director/Project Manager/Superintending Engineer or equivalent/Executive Engineer or
equivalent on similar construction work/Independent Engineering project.
(d) Should have handled at least 2 Highway projects of about 20-25 km each.
(e) Not more than 65 years of age.

(a)Post Graduate Degree in Transportation/Pavement Engineering.
(b) Experience of Construction Supervision on Highway Project.
_________________________________________________________________________________
SENIOR CONTRACT SPECIALIST
Duties: He will be deployed in working season in stages for cumulative duration of period
mentioned in Enclosure-A for obtaining his expert opinion on emerging contractual issues.
His key responsibilities will be to guide and assist Team Leader/Employer in all aspects of
contract management in proper implementation of contract provisions including controlling
the project cost of the construction package. He will also be required to offer his advice on
contractual complications arising during the implementation as per the request of the
employer. He will be required to prepare manuals/schedules for the consultants
team/employer based on the provisions of the contract document. He will be responsible for
giving appropriate suggestions in handling claims of the contractors and any dispute arising
thereof.
58
(b) Professional Experience of 15 years in Contract Management.

(c) Experience of at least 4 years as Contract Specialist on any National/State Highway
project.
(d) Contract Management of a large Highway contract say over Rs.150 crore including
experience of handling Variation orders, claims of the contractor and there appropriate
disposal.
(e) Handled Arbitration cases in respect of any Highway project.

(a) Degree in Law/PG in management/certificate course in management/ certificate course in
construction management/certificate course in contract management.
________________________________________________________________________
HIGHWAY DESIGN SPECIALIST (estimated for 3 months)
The Highway Specialist shall be responsible for the review of highway designs and drawings
using sophisticated computer software and also construction and O&M works. Should be a
graduate in Civil Engineering from a recognized University (higher qualifications will be
preferable); His expertise shall include computer aided design methods for Civil/Highway
Engineering with particular reference to CAD application to the geometric design for highway
rehabilitation and/or upgrading projects.
He should have the following qualification/experience.
(b) Professional Experience of 15 years in highway works.
(c) Experience of at least 5 years (out of total 15 years) in Highway Designing works
(d) He should have handled as Highway Design Engineer at least 2 Projects of major 4
laning/6 laning improvement projects.
(e) Exposure of Computer Software Programmes for Design of Highways

(a) Post Graduate Degree in Highway Engineering
(b) Experience in Highway Projects on EPC Mode
BRIDGE DESIGN SPECIALIST (estimated for 3 to months)
The Bridge Design Specialist shall be responsible for checking the designs of bridges, ROBs,
interchanges and any other structure to be constructed in the Project highway. He shall also
review the rehabilitation measures to be proposed by the Concessionaire for existing
structures based on site condition and structural requirement basis. His expertise shall
include computer aided design methods for Civil/Structural Engineering with particular
reference to Structural design.
He should have the following qualification/experience.
59
(a) Graduate in Civil Engineering from a recognised University.

(b) Professional Experience of 15 years in Bridge Design.
(c) 10 years out of total 15 years’ experience in similar capacity for design of major highway
bridges.
(d) Experience of designing of 4 major Highway Bridges.

(a) Post Graduate Degree in Structural Engineering.
BRIDGE & STRUCTURAL ENGINEER
Duties: His duties will involve understanding the design provisions of both
bridges/ROBs/flyovers and culverts, guiding and checking of reinforcement/cable laying
operations, rectifying any apparent mistakes in respect of them, checking and controlling the
proper mix designs, Checking the adequacy of proper form-work, laying/compacting of
concrete including curing operations. For this purpose, he will work in close coordination
with the Material Engineer and the Contractor’s Expert to effectively Control the quality of
execution. He will be responsible for minor modifications in design of bridges/culverts,
whenever required during execution.

(b) Professional Experience of 15 years.
(c) 10 years experience in Construction / Construction Supervision of bridge / interchange /
any other structures.
(d) Must be familiar with modern methods of construction of bridges/ROB/flyover involving
RCC/pre-stress concrete,design standards, technical specifications and statistical Quality
Control/Assurance procedures for construction of different component of bridges.
(e) Experience in similar capacity in supervision of 2 Major Highway Bridges on Pile/Well
foundation.
(f) Experience in supervision of Rehabilitation and repair of 2 nos Bridges.
(g) Not more than 65 years of age.
2) Preferential Qualifications.
(a) Post Graduate Degree in Structural Engineering.

(b) Experience as a Bridge Engineer abroad.
60
MATERIAL ENGINEER
Duties: He will be responsible for supervising all the tests to be done in different stages of
construction, besides ensuring that specified tests are done as per codal stipulations and as
per the specifications laid down in the contract for all the different stages of construction. He
will be coordinating and controlling the support personnel placed with him and will report to
the Resident Engineer and to the Team Leader/Employer’s representative as and when
required.

(b) Professional Experience of 12 years in construction of Highways / Roads / Airfield
Runways
(c) Experience of 5 years in similar capacity in Construction / Construction Supervision of
Highway projects.
(d) Experience as Material / Geotechnical Engineer in Construction/Construction Supervision
of at least 2 Highway projects.
(e) Must be familiar with material property of road construction material, technical
specifications and procedures of material tests and testing equipments.
(f) Not more than 65 years of age.
2) Preferential Qualifications.
(a) Post Graduate Degree in Geo-Technical Engineering/Soil Mechanics and Foundation

Engineering.
(b) Abroad experience as Material Engineer in Highway Construction projects.
SENIOR QUANTITY SURVEYOR

Duties: He will be reporting to the Team Leader and give input as and when required during
the work. He will provide necessary guidance to the Quantity Surveyor, and shall issue
directions/procedures/formats of reporting to the Quantity Surveyor. He will act as a contract
specialist also for the construction package, even though the thrust of his responsibilities will
be in the areas of quantity surveying/processing of the invoices etc. He will be responsible
for taking all measures required to control the project cost and time over-runs. He will
examine the claims of the contractor, variation orders, if any, and will approved the progress
reports as per the project requirements. He will approve the measurement of all items of
works executed in different stages for payment purpose prepared by Quantity Surveyor.
(a) Graduate in Civil Engineering from recognized university.
61
(b)Total Professional Experience of 15 years in handling Highway Contracts.

(c) At least 10 years experience as Quantity Surveyor in Highway project.
(d) He should have handled as Quantity Surveyor in atleast two projects in Construction
Supervision of Two/four of laning Highways.
(a) Post Graduate Degree in Construction Management/Engineering/certificate course in
management/ certificate course in construction management/certificate course in contract
management.
SUB PROFESSIONAL (To be evaluated for their suitability by Employer’s

Representative, before deployment)
A. Quantity Surveyor
Duties: He will be reporting to the Resident Engineer in day to day working. He
will also work under the guidance of the Sr. Quantity Surveyor, and shall abide
by the directions/procedures/formats of reporting and approvals settled by the
Sr. Quantity Surveyor. He will act as a contract specialist also for the
construction package, even though the thrust of his responsibilities will be in the
areas of quantity surveying/processing of the invoices etc. He will be
responsible for reporting all measures required to control the project cost and
time over-runs. He will examine the claims of the contractor, variation orders, if
any, and will prepare the progress reports as per the project requirements. For
the purpose, he will be required to get the levels and quantity measurements
checked in all items of works executed in different stages for calculations
required for payment purpose. He will be required throughout the currency of
the project.
Qualification and experience: The candidate should be a graduate in Civil
Engineering with relevant experience in the field of estimating, preparation and
processing of the invoices, analysing rates, checking survey details etc. of the
projects. He should have about 8 years of relevant professional experience
involving resource planning and scheduling, quantity survey, cost control,
contract management etc. Diploma holders with longer relevant experience of
about 12 years could also be considered. He must have worked as Quantity
Surveyors for at least 4 years in any National/State Highway Projects. He
should not be more than 60 years of age.
B. Survey Engineer
Duties: Checking layout of centerline, layout of curves, levels and profiles, etc.
will be his main responsibility. Apart from this, he shall also assist the Quantity
Surveyor in preparation of invoices. He shall also be responsible for modifying
survey data in case any modification is required in the design during execution.
Qualifications and Experience: He should be a graduate civil engineer with 3
years for BE Civil & 6 years for Diploma holder. Survey Engineer should be
conversant with modem survey equipment, total stations, auto level, digital level
62
etc. He should have worked in at least one major highway project. He should
not be more than 60 years of age.
C. Lab Technicians:
They should be at least Diploma-holders with about 5 to 6 years of experience
in handling the quality control tests laboratories for road/bridge works or
Graduates in Science with about 1 to 2 years of relevant experience in the field
of testing of road/bridge projects.
63
SECTION 7: DRAFT FORM OF CONTRACT
Note: This draft Agreement is a generic document and shall be modified based on
particulars of the Project.
64
CONTRACT FOR CONSULTANT’S SERVICES
Between
(Name of Client)
And
(Name of Consultant)
Dated:
65
CONTENTS
Page No.
I. FORM OF CONTRACT SSSSSSSSSSSSSS..
II GENERAL CONDITIONS OF CONTRACT SSSSSS.
1. General Provisions SSSSSSSSSSSSSSS.
1.1 Definitions
1.2 Relation between the Parties
1.3 Law Governing the Contract
1.4 Language
1.5 Headings
1.6 Notices
1.7 Location
1.8 Authority of Member in charge
1.9 Authorized Representatives
1.10 Taxes and Duties
2. Commencement, Completion, Modification, and Termination

of ContractSSSSSSSSSSSSSSSSSSS..
2.1 Effectiveness of Contract SSSSSSSSSSSSS.

2.2 Termination of Contract for Failure to Become Effective
2.3 Commencement of Services
2.4 Expiration of Contract
2.5 Entire Agreement
2.6 Modification
2.7 Force Majeure
2.7.1 Definition SSSSSSSSSSSSSSSS..

2.7.2 No Breach of Contract SSSSSSSSSSS..
2.7.3 Measures to be taken
2.7.4 Extension of Time
2.7.5 Payments
2.7.6 Consultation
2.8 Suspension SSSSSSSSSSSSSSSSSSS
2.9 Termination SSSSSSSSSSSSSSS..
66
2.9.1 By the Client SSSSSSSSSSSS
2.9.2 By the Consultants SSSSSSSSS..
2.9.3 Cessation of Rights and Obligations SSS
2.9.4 Cessation of Services SSSSSSSSS
2.9.5 Payment upon Termination SSSSSS..
2.9.6 Disputes about Events of Termination SS.
3. Obligations of the Consultants SSSSSSSS
3.1 General
3.1.1 Standard of Performance SSSS..
3.1.2 Law Governing Services SSSS..
3.2 Conflict of Interests SSSSSSSSS.
3.2.1 Consultants not to Benefit from

Commissions, Discounts, etc. SS..
3.2.2 Procurement Rules of Funding Agencies
3.2.3 Consultants and Affiliates Not to
Engage in certain Activities SSSS..
3.2.4 Prohibition of Conflicting Activities S
3.3 Confidentiality SSSSSSSSSSSS..

3.4 Liability of the Consultants SSSSSSS..
3.5 Insurance to be Taken out by the Consultants S
3.6 Accounting, Inspection and Auditing SSSS.
3.7 Consultant’s Actions requiring Client’s prior Approval
3.8 Reporting Obligations SSSSSSSSSS..
3.9 Documents prepared by the Consultants SSS.
To Be the Property of the Client SSSSSS..
3.10 Equipment and Materials Furnished by the Client
4. Consultants’ Personnel and Sub-consultants SSSSSSSS..
4.1 General SSSSSSSSSSSSSSSSSSS

4.2 Description of Personnel SSSSSSSSSS
4.3 Approval of Personnel SSSSSSSSSSS
4.4 Working Hours, Overtime, Leave etc.
4.5 Removal and /or Replacement of Personnel SSSSS
4.6 Resident Project Manager SSSSSSSSSS.
5. Obligations of the Client SSSSSSSSSSSSS.
5.1 Assistance and Exemptions SSSSS.

5.2 Access to Land SSSSSSSSSS.
67
5.3 Change in the Applicable Law SSSS.
5.4 Services, Facilities and Property of the Client
5.5 Payment SSSSSSSSSSSSS
5.6 Counterpart Personnel SSSSSSS.
6. Payments to the Consultants SSSSSSSSSSS..
6.1 Cost Estimates, Ceiling Amount SSSSSS.

6.2 Remuneration and Reimbursable ExpendituresS
6.3 Currency of Payment SSSSSSSSSS..
6.4 Mode of Billing and Payment SSSSSSS.
7. Fairness and Good Faith SSSSSSSSSSSSSSSS

7.1 Good Faith …………………………………….
7.2 Operation of the Contract ……………………..
8. 8.1 Amicable Settlement …………………………..

8.2 Dispute Settlement …………………………….
III SPECIAL CONDITIONS OF CONTRACT SSSSSSSS
IV APPENDICES Page No.
Appendix A : Description of the Services SSSSS..
Appendix B : Reporting Requirements SSSSSSS

Appendix C : Key Personnel and Sub-consultants SS.
Appendix D : Medical Certificate SSSSSSSSS.
Appendix E : Hours of Work for Key Personnel SSS.
Appendix F : Duties of the Client SSSSSSSSS
Appendix G : Cost Estimates
Appendix H : Form of Performance Bank Guarantee
Appendix I : Form of Bank Guarantee for Advance Payments
Appendix J : Letter of invitation

Appendix K : Letter of Award
Appendix L : Minutes of pre-bid meeting SSSSS
Appendix-M : Memorandum of Understanding (in case of JV)
Appendix-N: Form of Bank Guarantee for Bid Security
V ANNEXURES..SSSSSSSSSSSSSSSS
68
1. FORM OF CONTRACT
COMPLEX TIME BASED ASSIGNMENTS
This CONTRACT (hereinafter called the “Contract”) is made the day of the
Month of , 201 , between, on the one hand (hereinafter
Called the “Client) and, on the other hand, (hereinafter called the
“Consultants”).
69
[Note* : If the Consultants consist of more than one entity, the above should be
partially amended to read as follows:
“/(hereinafter called the “Client”) and, on the other hand, a joint venture consisting of
the following entities, each of which will be jointly severally liable to the Client for all
the Consultants’ obligations under this Contract, namely, and
(hereinafter called “Consultants”)]
WHEREAS
(a) the Client has requested the Consultants to provide certain consulting
services as defined in the General Conditions of Contract
attached to this Contract (hereinafter called the “Services”);
(b) the Consultants, having represented to the Client that they have the
required processional skills, and personnel and technical resources, have
agreed to provide the Services on the terms and conditions set forth in this
Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral

part of this Contract:
(a) The General Conditions of Contract (hereinafter called “GC”)’

(b) The Special Conditions of Contract (hereinafter called “SC”);
(c) The following Appendices :
[Note: If any of these Appendices are not used, the words “Not Used”
should be inserted below next to the title of the Appendix on the sheet
attached hereto carrying the title of that Appendix ].
Appendix A : Description of the Services SSSSS..
Appendix B : Reporting Requirements SSSSSSS

Appendix C : Key Personnel and Sub-consultants SS.
Appendix D : Medical Certificate SSSSSSSSS.
Appendix E : Hours of Work for Key Personnel SSS.
Appendix F : Duties of the Client SSSSSSSSS
Appendix G : Cost Estimates
Appendix H : Form of Performance Bank Guarantee
Appendix I : Form of Bank Guarantee for Advance Payments
70
Appendix J : Letter of invitation
Appendix K : Letter of Award
Appendix-L : Minutes of pre-Bid Meeting
Appendix-M : Memorandum of Understanding (in case of JV)

Appendix-N: Form of Bank Guarantee for Bid Security
2. The mutual rights and obligations of the Client and the Consultants shall be
as set forth in the Contract; in particular
(a) The Consultants shall carry out the Services in accordance with the
provisions of the Contract; and
(b) The Client shall make payments to the Consultants in accordance with the
Provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed
in their respective names as of the day and year first above written.
FOR AND ON BEHALF OF

[NAME OF THE CLIENT]
By
(Authorized Representative)
FOR AND ON BEHALF OF

[NAME OF THE CONSULTANTS]
By
[Note: If the Consultants consist of more than one entity, all of these entities should
appear as signatures, e.g. in the following manner ]
71
FOR AND ON BEHALF OF EACH OF

THE MEMBERS OF THE CONSULTANTS
[Name of the Member]
By
[Name of the Member]
By
etc
.
72
GENERAL CONDITIONS OF CONTRACT
1. General Provisions
Unless the context otherwise requires, the following terms whenever used in this
Contract
have the following meanings:
(a) “Applicable Law” means the laws and any other instruments having the
force of law in the Government’s country [or in such other country as may
be specified in the Special Conditions of Contract (SC)], as they may be
issued and in force from time to time.
(b) “Contract means the Contract signed by the Parties, to which these
General Conditions of Contract are attached, together with all the
documents listed in Clause 1 of such signed Contract;
(c) “Effective Date’ means the date on which this Contract comes into force
and effect pursuant to Clause GC 2.1;
(d) ‘foreign currency’ means any currency other than the currency of
the Government;
(e) ‘GC means these General Conditions of Contract;
(f) “Government” means the Government of Client’s Country; (g) ‘Local

currency’ means the Indian Rupees;
(h) “Consultant” wherever mentioned in this Contract Agreement
means the “Authority Engineer (AE)” and includes sub-consultants or
Associates engaged by the primary consultant.
(i) “Member”, in case the Consultants consist of a joint venture of more

than one entity, means any of these entities, and “Members” means all of
these entities;
(j) “Party’ means the Client or the Consultants, as the case may be, and Parties
means both of them;
(k) “Personnel” means persons hired by the Consultants or by any Sub-

Consultants and or Associates as Employees and assigned to the
performance of the Services or any part thereof; “Foreign Personnel”
means such persons who at the time of being so hired had their domicile
outside the Government’s Country, “Local Personnel” means such
persons who at the time of being so hired had their domicile inside
73
the Government’s Country; and ‘key personnel’ means the personnel

referred to in Clause GC 4.2 (a).
(l) "SC" means the Special Conditions of Contract by which these

General Conditions of Contract may be amended or supplemented;
(m)"Services" means the work to be performed by the Consultants

pursuant to his contract, as described in Appendix A hereto. The scope
of work will be strictly as given in various Clauses in TOR. The
approach and methodology to be adopted by the Consultant for
carrying out the assignment as Authority Engineer may be modified
depending on the site requirements and work programme of the
EPC Contractor after mutual discussions with Employer, the EPC
Contractor and the Authority Engineer. The work plan as indicated by the
Consultant may be modified accordingly to the site requirements.
(n) "Sub-consultant and or Associates " means any entity to which the
Consultants subcontract any part of the Services in accordance with the
provisions of Clause GC 3.7; and
(o) "Third Party" means any person or entity other than the Government, the
Client, the Consultants or a Sub-consultant.
1.2 Relation between the Parties

Nothing contained herein shall be construed as establishing a relation of master and
servant or of principal and agent as between the Client and the Consultants. The
Consultants, subject to this Contract, have complete charge of Personnel and Sub-
consultants, if any, performing the Services and shall be fully responsible for the
Services performed by them or on their behalf hereunder.
1.3 Law Governing Contract
This Contract, its meaning and interpretation, and the relation between the Parties
shall be governed by the Applicable Law.
1.4 Language
This Contract has been executed in the language specified in the SC, which
shall be the binding and controlling language for all matters relating to the
meaning or interpretation of this Contract.
1.5 Headings
The headings shall not limit, alter or affect the meaning of this Contract.
1.6 Notices
1.6.1 Any notice, request or consent required or permitted to be given or made
74
pursuant to this Contract shall be in writing. Any such notice, request or consent
shall be deemed to have been given or made when delivered in person to an
authorized representative of the Party to whom the communication is
addressed, or when sent by registered mail, telegram or facsimile to such Party
at the address specified in the SC.
1.6.2 Notice will be deemed to be effective as specified in the SC.
1.6.3 A Party may change its address for notice hereunder by giving the other Party
notice of such change pursuant to the provisions listed in the SC with respect
to Clause GC 1.6.2.
1.7 Location
The Services shall be performed at such locations as are specified in

Appendix A hereto and, where the location of a particular task is not
so specified, at such locations. whether in Government's Country or
elsewhere, as the Client may approve.
1.8 Authority of Member in Charge
In case the Consultants consist of a joint venture of more than one

entity, the Members hereby authorize the entity specified in the SC to act
on their behalf in exercising all the Consultants' rights and obligations towards
the Client under this Contract, including without limitation the receiving of
instructions and payments from the Client.
1.9 Authorized Representatives
Any action required or permitted to be taken, and any document required or
permitted to be executed, under this Contract by the Client or the Consultants
may be taken or executed by the officials specified in the SC.
1.10 Taxes and Duties
Unless otherwise specified in the SC, the Consultants, Sub-consultants and
Personnel shall pay such taxes, duties, fees and other impositions as may
be levied under the Applicable Law. Service tax as applicable shall be paid to
the consultant while making payment for services rendered. The consultants
shall then deposit the same with the tax authorities and provide a proof of
having done so within next 90 days in line with policy circulars issued by
Employer.
2. Commencement, Completion, Modification and Termination of Contract

2.1 Effectiveness of Contract
This Contract shall come into force and effect on the date (the "Effective
Date") of the Client's notice to the Consultants instructing the Consultants to
begin carrying out the Services. This notice shall confirm that the
effectiveness conditions, if any, listed in the SC have been met.
2.2 Termination of Contract for Failure to Become Effective
If this Contract has not become effective within such time period after the
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date of the Contract signed by the Parties as shall be specified in the SC,
either Party may, by not less than four (4) weeks' written notice to the other
Party, declare this Contract to be null and void, and in the event of such a
declaration by either Party, neither Party shall have any claim against the
other Party with respect hereto.
2.3 Commencement of Services
The Consultants shall begin carrying out the Services at the end of such time
period after the Effective Date as shall be specified in the SC.
2.4 Expiration of Contract
Unless terminated earlier pursuant to Clause GC 2.9 hereof, this Contract
shall expire when services have been completed and all payments have
been made at the end of such time period after the Effective Date as shall be
specified in the SC.
2.5 Entire Agreement
This Contract contains all covenants, stipulations and provisions agreed
by the Parties. No agent or representative of either Party has authority
to make, and the Parties shall not be bound by or be liable for, any
statement, representation, promise
or agreement not set forth herein.
2.6 Modification
Modification of the terms and conditions of this Contract, including any

modification
of the scope of the Services, may only be made by written agreement
between the Parties as the case may be, has been obtained. Pursuant to
Clause GC 7.2 hereof, however, each Party shall give due consideration
to any proposals for modification made by the other Party.
2.7 Force Majeure
2.7.1. Definition
(a) For the purposes of this Contract, "Force Majeure" means an event
which is beyond the reasonable control of a Party, and which
makes a Party's performance of its obligations hereunder
impossible or so impractical as reasonably to be considered
impossible in the circumstances, and includes, but
is not limited to, war, riots, civil disorder, earthquake, fire, explosion,
storm, flood or other adverse weather conditions, strikes, lockouts or
other industrial action ( except where such strikes, lockouts or
other industrial action are within the power of the Party invoking
Force Majeure to prevent), confiscation
or any other action by government agencies.
(b) Force Majeure shall not include (i) any event which is caused
by the negligence or intentional action of a party or such Party's
Sub-consultants or agents or employees, nor (ii) any event
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which a diligent Party could reasonably have been expected to

both (A) take into account at the .time of the conclusion of this
Contract and (B) avoid or overcome in the carrying out of its
obligations hereunder .
(c) Force Majeure shall not include insufficiency of funds or failure to make
any payment required hereunder.
2.7.2 No Breach of Contract

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

reasonable measures to remove such Party's inability to
fulfill its obligations hereunder with a minimum of delay.
(b) A Party affected by an event of Force Majeure shall notify the other
Party of such event as soon as possible, and in any event not later
than fourteen (14) days following the occurrence of such event,
providing evidence of the nature and cause of such event, and
shall similarly give notice of the restoration of normal conditions as
soon as possible.
(c) The Parties shall take all reasonable measures to minimize the
consequences of any event of Force Majeure.
2.7.4 Extension of Time

Any period within which a Party shall, pursuant to this Contract, complete any
action or task, shall be extended for a period equal to the time during which
such Party was unable to perform such action as a result of Force Majeure.
2.7.5 Payments
During the period of their inability to perform the Services as a result of an
event of Force Majeure, the Consultants shall be entitled to be reimbursed
for additional costs reasonably and necessarily incurred by them during
such period for the purposes of the Services and in reactivating the
Services after the end of such period.
2.7.6 Consultation
Not later than thirty (30) days after the Consultants, as the result of an event
of Force Majeure, have become unable to perform a material portion of
the Services, the Parties shall consult with each other with a view to
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agreeing on appropriate measures to be taken in the circumstances.

2.8. Suspension
The Client may, by written notice of suspension to the Consultants,
suspend all payments to the Consultants hereunder if the Consultants fail to
perform any of their obligations under this Contract, including the carrying
out of the Services, provided that such notice of suspension (i) shall specify
the nature of the failure, and (ii) shall request the Consultants to remedy
such failure within a period not exceeding thirty (30) days after receipt by the
Consultants of such notice of suspension.
2.9 Termination
2.9.1 By the Client
The Client may, by not less than thirty (30) days' written notice of termination to
the Consultants (except in the event listed in paragraph (f) below, for which there
shall be a written notice of not less than sixty ( 60) days), such notice to be
given after the occurrence of any of the events specified in paragraphs (a)
through (h) of this Clause GC 2.9.1, terminate this Contract.
(a) if the Consultants fail to remedy a failure in the performance of their

obligations hereunder, as specified in a notice of suspension pursuant
to Clause GC 2.8 hereinabove, within thirty (30) days of receipt of such
notice of suspension or within such further period as the Client may have
subsequently approved in writing;
(b) if the Consultants become (or, if the Consultants consist of more than one
entity, if any of their Members becomes) insolvent or bankrupt or enter into
any agreements with their creditors for relief of debt or take advantage of
any law for the benefit of debtors or go into liquidation or receivership
whether compulsory or voluntary;
(c) if the Consultants fail to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause GC 8 hereof;
(d) if the Consultants submit to the Client a statement which has a material
effect on the rights, obligations or interests of the Client and which the
Consultants know to be false;
(e) if, as the result of Force Majeure, the Consultants are unable to perform a
material portion of the Services for a period of not less than sixty (60) days; or
(f) if the Client, in its sole discretion and for any reason whatsoever, decides to
terminate this Contract.
(g) if the consultant, in the judgment of the Client has engaged in corrupt
or fraudulent practices in competing for or in executing the Contract. For the
purpose of this clause:
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"corrupt practice" means the offering, giving, receiving or soliciting of

anything of value to influence the action of a public official in the selection
process or in contract execution.
"fraudulent practice" means a misrepresentation of facts in order to

influence a selection process or the execution of a contract to the detriment
of the Borrower, and includes collusive practice among consultants (prior to
or after submission of proposals) designed to establish prices at artificial
non-competitive levels and to deprive the Borrower of the benefits of free
and open competition.
(h) if EPC Contractor represents to Employer that the Consultant is not

discharging his duties in a fair, efficient and diligent manner and if the
dispute remains unresolved, Employer may terminate this contract.
2.9.2 By the Consultants

The Consultants may, by not less than thirty (30) days' written notice to the
Client, such notice to be given after the occurrence of any of the events
specified in paragraphs (a) through (d) of this Clause GC 2.9.2, terminate this
Contract:
(a) if the Client fails to pay any money due to the Consultants pursuant
to this Contract and not subject to dispute pursuant to Clause 8 hereof
within forty-five (45) days after receiving written notice from the
Consultants that such payment is overdue;
(b) if the Client is in material breach of its obligations pursuant to this
Contract and has not remedied the same within forty-five (45) days (or
such longer period as the Consultants may have subsequently approved
in writing) following the receipt
by the Client of the Consultants' notice specifying such breach;
(c) if, as the result of Force Majeure, the Consultants are unable to perform a
material portion of the Services for a period of not less than sixty (60)
days; or
(d) if the Client fails to comply with any final decision reached as a
result of arbitration pursuant to Clause GC 8 hereof.
2.9.3. Cessation of Rights and Obligations
Upon termination of this Contract pursuant to Clauses GC 2.2 or GC 2.9 hereof,

or upon expiration of this Contract pursuant to Clause GC 2.4 hereof, all rights and
obligations of the Parties hereunder shall cease, except:
(i) such rights and obligations as may have accrued on the date of
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termination or expiration;
(ii) the obligation of confidentiality set forth in Clause GC 3.3 hereof;

(iii) the Consultants' obligation to permit inspection, copying and auditing of
their accounts and records set forth in Clause GC 3.6 (ii) hereof; and
(iv) any right which a Party may have under the Applicable Law
2.9.4 Cessation of Services
Upon termination of this Contract by notice of either Party to the other pursuant to
Clauses GC 2.9.1 or GC 2.9.2 hereof, the Consultants shall, immediately upon
dispatch or receipt of such notice, take all necessary steps to bring the Services to
a close in a prompt and orderly manner and shall make every reasonable effort to
keep expenditures for this purpose to a minimum. With respect to documents
prepared by the Consultants and equipment and materials furnished by the
Client, the Consultants shall proceed as provided, respectively, by Clauses GC 3.9
or GC 3.10 hereof.
2.9.5 Payment upon Termination
Upon termination of this Contract pursuant to Clauses GC 2.9.1 or GC 2.9.2

hereof, the Client shall make the following payments to the Consultants (after
offsetting against these payments any amount that may be due from the Consultant
to the Client}:
(a) remuneration pursuant to Clause GC 6 hereof for Services satisfactorily

performed prior to the effective date of termination;
(b) reimbursable expenditures pursuant to Clause GC 6 hereof for

expenditures actually incurred prior to the effective date of termination; and
(c) except in the case of termination pursuant to paragraphs (a) through (d)
of Clause GC 2.9.1 hereof, reimbursement of any reasonable cost incident
to the prompt and orderly termination of the Contract including the cost
of the return travel of the Consultants' personnel and their eligible
dependents.
2.9.6. Disputes about Events of Termination
If either Party disputes whether an event specified in paragraphs (a) through (e) of
Clause GC 2.9.1 or in Clause GC 2.9.2 hereof has occurred, such Party may, within
forty-five (45) days after receipt of notice of termination from the other Party, refer
the matter to arbitration pursuant to Clause GC 8 hereof, and this Contract shall not
be terminated on account of such event except in accordance with the terms of any
resulting arbitral award.
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3. Obligation of the Consultants

3.1 General
3.1.1. Standard of Performance
The Consultants shall perform the Services and carry out their 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 Consultants shall always" act, in respect of any matter
relating to this Contract or to the Services, as faithful advisers to the
Client, and shall at all times support and safeguard the Client's legitimate
interests in any dealings with Sub-consultants or Third Parties.
3.1.2 Law Governing Services
The Consultants shall perform the Services in accordance with the

Applicable Law and shall take all practicable steps to ensure that any
Sub- consultants and or Associates, as well as the Personnel of the
Consultants and any Sub- consultants and or Associates, comply with the
Applicable Law. The Client shall advise the Consultants in writing of
relevant local customs and the Consultants shall, after such notifications,
respect such customs.
3.2 Conflict of Interests
3.2.1 Consultants Not to Benefit from Commissions, Discounts, etc.
The Remuneration of the Consultants pursuant to Clause GC 6 hereof shall

constitute the Consultants' sole remuneration in connection with this Contract
or the Services and, subject to Clause GC 3.2.2 hereof, the Consultants shall
not accept for their own benefit any trade commission, discount or similar
payment in connection with activities pursuant to this Contract or to the
Services or in the discharge of their obligations hereunder, and the
Consultants shall use their best efforts to ensure that any Sub- consultants
and or Associates, as well as the Personnel and agents of either of them,
similarly shall not receive any such additional remuneration.
3.2.2 If the Consultants, as part of the Services, have the responsibility of advising
the Client on the procurement of goods, works or services, the
Consultants shall comply with any applicable procurement guidelines of
the Client (Employer)and or Associates Bank or of the Association, as the
case may be, and other funding agencies and shall at all times exercise such
responsibility in the best interest of the Client. Any discounts or commissions
obtained by the Consultants in the exercise of such procurement
responsibility shall be for the account of the Client.
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3.2.3 Consultants and Affiliates Not to engage in Certain Activities

The Consultants agree that, during the term of this Contract and after its
termination, the Consultants and any entity affiliated with the Consultants,
as well as any Sub- consultant and or Associates and any entity affiliated
with such Sub- consultant and or Associates, shall be disqualified from
providing goods works or services (other than the Services and any
continuation thereof) for any project resulting from or closely related to the
Services. .
3.2.4 Prohibition of Conflicting Activities
The Consultants shall not engage, and shall cause their Personnel as well as
their Sub-
consultants and or Associates and their Personnel not to engage, either
directly or indirectly, in any of the following activities:
(a) during the term of this Contract, any business or professional

activities in the Government's country which would conflict
with the activities assigned to them under this Contract; and
(b) after the termination of this Contract, such other activities as

may be specified in the SC.
3.3 Confidentiality
The Consultants, their Sub-consultants and the Personnel of either of them
shall not, either during the term or within two (2) years after the expiration
of this Contract, disclose any proprietary or confidential information
relating to the Project, the Services, this Contract or the Client's business
or operations without the prior written consent of the Client.
3.4 Liability of the Consultants

Subject to additional provisions, if any, set forth in the SC, the Consultants’
liability under this Contract shall be as provided by the Applicable Law.
3.5 Insurance to be Taken Out by the Consultants
The Consultants (i) shall take out and maintain, and shall cause any Sub-
consultants to take out and maintain, at their ( or the Sub-consultants', as the
case may be) own cost but on terms and conditions approved by the Client,
insurance against the risks, and for the coverages, as shall be specified in the
SC, and (ii) at the Client's request, shall provide evidence to the Client
showing that such insurance has been taken out and maintained and that the
current premiums therefore have been paid.
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3.6 Accounting, Inspection and Auditing
The Consultants (i) shall keep accurate and systematic accounts and records in
respect of the Services, hereunder, in accordance with internationally
accepted accounting principles and in such form and detail as will clearly
identify all relevant time charges and cost, and the bases thereof (including
such bases as may be specifically referred to in the SC); (ii) shall permit the
Client or its designated representative periodically, and up to one year from the
expiration or termination of this Contract, to inspect the same and make copies
thereof as well as to have them audited by auditors appointed by the Client;
and (iii) shall permit the client to inspect the Consultant's accounts and records
relating to the performance of the Consultant and to have them audited by
auditors appointed by the client.
3.7 Consultants' Actions Requiring Client's Prior Approval
The Consultants shall obtain the Client's prior approval in writing before taking
any of the following actions:
(a) appointing such members of the Personnel as are listed in

Appendix C ("Consultants' Sub-consultants' Key Personnel") merely by title but
not by name;
(b) entering into a subcontract for the performance of any part of the
Services, it being understood (i) that the selection of the Sub-
consultant and the terms and conditions of the subcontract shall have
been approved in writing by the Client prior to the execution of the
subcontract, and (ii) that the Consultants shall remain fully liable for the
performance of the Services by the Sub- consultant and its Personnel
pursuant to this Contract; and
(c) any other action that may be specified in the SC
3.8 Reporting Obligations
The Consultants shall submit to the Client the reports and documents
specified in Appendix B hereto, in the form, in the numbers and within the time
periods set forth in the said Appendix.
3.9 Documents Prepared by the Consultants to Be the Property of the Client

All plans, drawings, specifications, designs, reports, other documents and
software prepared by the Consultants for the Client under this Contract
shall become and remain the property of the Client, and the Consultants
shall, not later than upon termination or expiration of this Contract, deliver
all such documents to the Client, together with a detailed inventory thereof.
The Consultants may retain a copy of such documents and software.
Restrictions about the future use of these documents and software, if any,
shall be specified in the SC.
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3.10 Equipment and Materials Furnished by the Client
Equipment and materials made available t o t h e Consultants by the

Client, or purchased by the Consultants with funds provided by the Client, shall
be the property of the Client and shall be marked accordingly. Upon termination
or expiration of this Contract, the Consultants shall make available to the
Client an inventory of such equipment and materials and shall dispose of-
such equipment and materials in accordance with the Client's instructions.
While in possession of such equipment and materials, the Consultants, unless
otherwise instructed by the Client in writing, shall insure them at the expense of
the Client in an amount equal to their full replacement value.
4. Consultants' Personnel and Sub-consultants and or Associates
4.1 General
The Consultants shall employ and provide such qualified and experienced
Personnel and Sub-consultants as are required to carry out the Services.
4.2 Description of Personnel
(a) The titles, agreed job descriptions, minimum qualification and estimated
periods of engagement in the carrying out of the Services of each of the
Consultants' Key Personnel are described in Appendix C. If any of the Key
Personnel has already been approved by the clients his/her name is listed as
well.
(b) If required to comply with the provisions of Clause GCC 3.1.1

hereof, adjustments with respect to the estimated periods "of engagement
of Key Personnel set forth in Appendix C may be made by the Consultants by
written notice to the Client, provided (i) that such adjustments shall not
alter the originally estimated period of engagement of any individual by more
than 10% or one week, whichever is larger, and (ii) that the aggregate of such
adjustments shall not cause payments under this Contract to exceed the
ceilings set forth in Clause GC 6.1(b) of this Contract. Any other such
adjustments shall only be made with the Client's written approval.
(c) If additional work is required beyond the scope of the Services

specified in Appendix A, the estimated periods of engagement of Key
Personnel set forth in Appendix C may be increased by agreement in
writing between the Client and the Consultants, provided that any such
increase shall not, except as otherwise agreed, cause payments under
this Contract to exceed the ceilings set forth in Clause GC 6.1 (b) of
this Contract.
4.3 Approval of Personnel
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The Key Personnel i.e. Professional Staff and Sub-consultants listed by title as
well as by name in Appendix C are hereby approved by the Client. In respect
of other Key Personnel which the Consultants propose ,to use in the carrying
out of the Services, the Consultants shall submit to the client for review and
approval a copy of their biographical data and (in the case of Key personnel
to be used within the country of the Government) a copy of a satisfactory
medical certificate in the form attached hereto as Appendix D. If the Client
does not object in writing (stating the reasons for the objection) within thirty
(30) calendar days from the date of receipt of such biographical data and
(if applicable) such certificate, such Key Personnel shall be deemed to have
been approved by the Client.
4.4 Working Hours, Overtime, Leave, etc.
(a) Working hours and holidays for Key Personnel are set forth in
Appendix E hereto. To account for travel time, foreign Personnel carrying
out Services inside the Government's country shall be deemed to
have commenced (or finished) work in respect of the Services such
number of days before their arrival in (or after their departure from) the
Government's country as is specified in Appendix E hereto.
(b) The Personnel of all types engaged by Consultant to provide Services

on this Contract shall not be entitled to be paid for overtime nor to take
paid sick leave or vacation leave except as specified in Appendix E
hereto, and except as specified In such Appendix, the Consultants'
remuneration shall be deemed to cover these items. All leave to be
allowed to the Personnel is included in the staff-months of service set for
in Appendix C. Any taking of leave by Personnel shall be subject to the
prior approval by the Client and the Consultants shall ensure that
absence for leave purposes will not delay the progress and adequate
supervision of the Services.
4.5 Removal and/or Replacement of Personnel

(a) Except as the Client may otherwise agree, no changes shall be made
in the Key Personnel. If, for any reason beyond the reasonable control
of the Consultants, it becomes necessary to replace any of the
Personnel, the Consultants shall forthwith provide as a
replacement a person of equivalent or better qualifications.
(b) If the Client (i) finds that any of the Personnel has committed
serious misconduct or has been charged with having committed a
criminal action, or (ii) has reasonable cause to be dissatisfied with
the performance of any of the Personnel, then the Consultants shall,
at the Client's written request specifying the grounds therefore,
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forthwith provide as a replacement a person with qualifications

and experience acceptable to the Client.
(c) Any of the Personnel provided as a replacement under Clauses (a)

and (b) above, the rate of remuneration applicable to such person
as well as any reimbursable expenditures (including expenditures
due to the number of eligible dependents) the Consultants may
wish to claim as a result of such replacement, shall be subject to the
prior written approval by the Client. Except as the Client may otherwise
agree, (i) the Consultants shall bear all additional travel and other
costs arising out of or incidental to any removal and/or
replacement, and (ii) the remuneration to be paid to any of the Key
Personnel provided as a replacement shall be 90% of the remuneration
which would have been payable to the Key Personnel replaced.
However, for the reason other than death/extreme medical ground,
(i) for total replacement up to 33% of key personnel, remuneration shall
be reduced by 20% (ii) for total replacement up to between 33% to
50%, remuneration shall be reduced by 25% and (iii) for total
replacement up to between 50% to 66%, remuneration shall be
reduced by 30% (iv) For total replacements beyond 66% of the key
personnel the client shall initiate action of higher
penalty/termination/debarment up to 2 years as considered appropriate.
(d) In order to prevent the tendency of the personnel and consulting firm
to submit incorrect and inflated CV, they should sign every page of CV
before submission in order to authenticate that CV furnished by them
is correct. The consulting firm and the personnel through consulting
firm should be informed by Employer while accepting CV of the new
personnel that if CV is found in correct and inflated at a later date, the
personnel accepted would be removed from his assignment and
debarred from further Employer’s works for an appropriate period to
be decided by Employer and the new proposed personnel in place of
removed personnel would be paid 15% less salary than the original
personnel. 15% reduction in the salary will be imposed as a penalty for
submitting the incorrect information. This penalty will be imposted only
once. If the same consulting firm submits incorrect information again
second time, necessary action will be taken by Employer to black-list
that firm.
4.6 Resident Project Manager
If required by the SC, the Consultants shall ensure that at all times during
the Consultants' performance of the Services in the Government's
country a resident project manager, acceptable to the Client, shall take
charge of the performance of such Services.
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5. Obligations of the Client
5.1 Assistance and Exemptions
Unless otherwise specified in the SC, the Client shall use its best efforts to
ensure that the Government shall:
(a) provide the Consultants, Sub-consultants and Personnel with work

permits and such other documents as shall be necessary to enable
the Consultants, Sub- consultants or Personnel to perform the
Services;
(b) assist for the Personnel and, if appropriate, their eligible

dependents to be provided promptly with all necessary entry and
exit visas, residence permits, exchange permits and any other
documents required for their stay in Government's country;
(c) facilitate prompt clearance through customs of any property

required for the Services and of the personal effects of the
Personnel and their -eligible dependents;
(d) issue to officials, agents and representatives of the Government

all such instructions as may be necessary or appropriate for the
prompt and effective implementation of the Services;
(e) assist the Consultants and the Personnel and any Sub-
consultants and or Associates employed by the Consultants for
the Services from any requirement to register or obtain any permit
to practice their profession or to establish themselves either
individually or as a corporate entity according to the Applicable Law;
(f) grant to the Consultants, any Sub-consultants and or Associates

and the Personnel of either of them the privilege, pursuant to the
Applicable Law, of bringing into Government's country reasonable
amounts of foreign currency for the purposes of the Services or for
the personal use of the Personnel and their dependents and of
withdrawing any such amounts as may be earned therein by the
Personnel in the execution of the Services: and
(g) Provide to the Consultants, Sub-consultants and or Associates and

Personnel any such other assistance as may be specified in the SC.
5.2 Access to Land
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The Client warrants that the Consultants shall have, free of charge, unimpeded
access to all land in the Government's country in respect of which access is
required for the performance of the Services. The Client will be responsible for
any damage to such land or any property thereon resulting from such
access and will indemnify the Consultants and each of the Personnel in
respect of liability for any such damage, unless such damage is caused by
the default or negligence of the Consultants or any Sub-consultant or the
Personnel of either of them.
5.3 Change in the Applicable Law
If, after the date of this Contract, there is any change in the Applicable
Law with respect to taxes and duties which increases or decreases the
cost or reimbursable expenses incurred by the Consultants in
performing the Services, then the remuneration and reimbursable
expenses otherwise payable to the Consultants under this Contract shall be
increased or decreased accordingly by agreement between the Parties
hereto, and corresponding adjustments shall be made to the ceiling
amounts specified in Clause GC 6.1(b).
5.4 Services, Facilities and Property of the Client
The Client shall make available to the Consultants and the Personnel, for the
purposes of the services and free of any charge, the services, facilities and
property described in Appendix F at the times and in the manner specified in
said Appendix F, provided that if such services, facilities and property shall not
be made available to the Consultants as and when so specified, the Parties
shall agree on (i) any time extension that it may be appropriate to grant to the
Consultants for the performance of the Services, (ii) the manner in which the
Consultants shall procure any such services, facilities and property from
other sources, and (iii) the additional payments, if any, to be made to the
Consultants as a result thereof pursuant to Clause GC 6.l(c) hereinafter.
5.5 Payment
In consideration of the Services performed by the Consultants under this

Contract, the Client shall make to the Consultants such payments and in such
manner as is provided by Clause GC 6 of this Contract.
5.6 Counterpart Personnel
(a) If so provided in Appendix F hereto, the Client shall make available

to the Consultants, as and when provided in such Appendix F, and free
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of charge, such counterpart personnel to be selected by the Client, with

the Consultants' advice, as shall be specified in such Appendix F.
Counterpart personnel shall work under the exclusive direction of the
Consultants. If any member of the counterpart personnel fails to
perform adequately any work assigned to him by the Consultants
which is consistent with the position occupied by such - member, the
Consultants may request the replacement of such member, and the Client
shall not unreasonably refuse to act upon such request.
(b) If counterpart personnel are not provided by the Client to the

Consultants as and when specified in Appendix F, the Client and the
Consultants shall agree on (i) how the affected part of the Services shall
be carried out, and (ii) the additional payments, if any, to be made by
the Client to the Consultants as a result thereof pursuant to Clause GC
6.1(c) hereof.
6. Payments to the Consultants
6.1 Cost Estimates; Ceiling Amount
(a) An estimate of the cost of the Services payable is set forth in

Appendix G.
(b) Except as may be otherwise agreed under Clause GC 2.6 and subject
to Clause GC 6.1(c), payments under this Contract shall not
exceed the ceilings specified in the SC. The Consultants shall notify
the Client as soon as cumulative charges incurred for the Services
have reached 80% of these ceilings.
(c) Notwithstanding Clause GC 6.l(b) hereof, if pursuant to clauses GC

5.3,5.4 or 5.6 hereof, the Parties shall agree that additional payments
shall be made to the Consultants in order to cover any necessary
additional expenditures not envisaged in the cost estimates referred
to in Clause GC 6.1(a) above, the ceiling or ceilings, as the case may
be, set forth in Clause GC 6.1 (b) above shall be increased by the
amount or amounts, as the case may be, of any such additional
payments.
6.2 Remuneration and Reimbursable Expenditures

(a) Subject to the ceilings specified in Clause GC 6.1 (b) hereof, the
Client shall pay to the Consultants (i) remuneration as set forth in
Clause GC 6.2(b), and (ii) reimbursable expenditures as set forth in
Clause GC 6.2(c). If specified in the SC, said remuneration shall be
subject to price adjustment as specified in the SC.
89
(b) Remuneration for the Personnel shall be determined on the basis

of time actually spent by such Personnel in the performance of the
Services after the date determined in accordance with Clause GC 2.3
and Clause SC 2.3 (or such other date as the Parties shall agree in
writing) (including time for necessary travel via the most direct route)
at the rates referred to, and subject to such additional provisions as
are set forth, in the SC.
(c) Reimbursable expenditures actually and reasonably incurred by the

Consultants in the performance of the Services, as specified in
Clause SC 6.3(b).
6.3 Currency of Payment

All payments shall be made in Indian Rupees and shall be subjected to
applicable Indian laws withholding taxes if any.
6.4 Mode of Billing and Payment
Billing and payments in respect of the Services shall be made as follows:
(a) The Client shall cause to be paid to the Consultants an interest

bearing advance payment as specified in the SC, and as otherwise set
forth below. The advance payment will be due after provision by the
Consultants to the Client of a bank guarantee by a bank
acceptable to the Client in an amount (or amounts) and in a
currency ( or currencies) specified in the SC, such bank guarantee
(I) to remain effective until the advance payment has been fully set off
as provided in the SC, and (ii) to be in the form set forth in
Appendix I hereto or in such other form as the Client shall have
approved in writing.
(b) As soon as practicable and not later than fifteen (15 days) after the end of
each calendar month during the period of the Services, the Consultants
shall submit to the Client, in duplicate, itemized statements,
accompanied by copies of receipted invoices, vouchers and other
appropriate supporting materials, of the amounts payable pursuant to
Clauses GC 6.3 and 6.4 for such month. Each monthly statement shall
distinguish that portion of the total eligible costs which pertains to
remuneration from that portion which pertains to reimbursable
expenditures.
(c) The Client shall cause the payment of the Consultants periodically as
given in schedule of payment above within sixty (60) days after the
receipt by the Client of bills with supporting documents. Only such
portion of a monthly statement that is not satisfactorily supported
90
may be withheld from payment. Should any discrepancy be found to

exist between actual payment and costs authorized to be incurred by
the Consultants, the Client may add or subtract the difference from
any subsequent payments. Interest at the rate specified in the SC
shall become payable as from the above due date on any amount
due by, but not paid on such due date.
(d) The final payment under this Clause shall be made only after the final
report and a final statement, identified as such, shall have been
submitted by the Consultants and approved as satisfactory by the
Client. The Services shall be deemed completed and finally accepted
by the Client and the final report and final statement shall be deemed
approved by the Client as satisfactory ninety (90) calendar days after
receipt of the final report and final statement by the Client unless the
Client, within such ninety (90)-day period, gives written notice to
the Consultants specifying in detail deficiencies in the Services, the
final report or final statement. The Consultants shall thereupon
promptly make any necessary corrections, and upon completion of
such corrections, the foregoing process shall be repeated. Any
amount which the Client has paid or caused to be paid in
accordance with this Clause in excess of the amounts actually
payable in accordance with the provisions of this Contract shall be
reimbursed by the Consultants to the Client within thirty, (30)
days after receipt by the Consultants of notice thereof. Any such
claim by the Client for reimbursement must be made within twelve (12)
calendar months after receipt by the Client of a final report and a final
statement approved by the Client in accordance with the above.
(e) All payments under this Contract shall be made to the account of
the Consultants specified in the SC.
7. Fairness and Good Faith
7.1 Good Faith
The Parties undertake to act in good faith with respect to each other's rights
under this Contract and to adopt all reasonable measures to ensure
the realization of the objectives of this Contract.
7.2 Operation of the Contract
The Parties recognize that it is impractical in this Contract to provide

for every contingency which may arise during the life of the Contract, and
the Parties hereby agree that it is their intention that this Contract shall
91
operate fairly as between them, and without detriment to the interest of either
of them, and that, if during the term of this Contract either Party believes that
this Contract is operating unfairly, the Parties will use their best efforts to
agree on such action as may be necessary to remove the cause or causes
of such unfairness, but no failure to agree on any action pursuant to this
Clause shall give rise to a dispute subject to arbitration in accordance with
Clause GC 8 hereof.
8. Settlement of Disputes
8.1 Amicable Settlement
The Parties shall use their best efforts to settle amicably all disputes arising out
of or in connection with this Contract or the interpretation thereof.
8.2 Dispute Settlement
Any dispute between the Parties as to matters arising pursuant to this

Contract which cannot be settled amicably within thirty (30) days after
receipt by one Party of the other Party's request for such amicable
settlement may be submitted by either Party for settlement in accordance
with the provisions specified in the SC.
92
III. SPECIAL CONDITIONS OF CONTRACT

GC Clause
93
A. Amendments of, and Supplements to, Clauses in the General

Conditions of Contract
1.1(a) The words’’in the Government’s country” are amended to read ‘in INDIA”
1.4 The language is: English
1.6.1 The addresses are:
Client: Address of Employer
Attention:
Telex :
Facsimile :
Consultant: Address of Consultant

Attention:
Cable address :
Telex :
Facsimile :
[Note’ : Fill in the

Blanks]
1.6.2 Notice will be deemed to be effective as follows:
(a) in the case of personal delivery or registered mail, on delivery;
(b) in the case of telexes, 24 hours following confirmed transmission;
(c) in the case of telegrams, 24 hours following confirmed transmission;

and
(d) in the case of facsimiles, 24 hours following confirmed transmission.
1.8 The Member in Charge is: Member (P) Sh.
(Note: If the Consultants consist of a joint venture of more than one entity,
94
the name of the entity whose address is specified in SC 1.6.1 should be

inserted here. If the Consultants consist of one entity, this Clause 1.8
should be deleted from the SC)
1.9 The Authorised

Representative are:
For the Client:
For the Consultants:
1.10 The Consultants, Sub-consultants and the Personnel shall pay the
taxes, duties, fees, levies and other impositions levied under the existing,
amended or enacted laws during life of this contract and the client shall
perform such duties in regard to the deduction of such tax as may be lawfully
imposed.
2.1 The effectiveness conditions are the following:
i) Approval of the Contract by the client
2.2 The time period shall be four months or such other time period as the
parties may agree in writing.
2.3 The time period shall be one month or such other time period as the
Parties may agree in writing.
2.4 The time period shall be 66 months (18 month for construction
period and 48 months for Maintenance period)
3.4 Limitation of the Consultants' Liability towards the Client
(a) Except in case of gross negligence or wilful misconduct on the

part of the Consultants or on the part of any person or firm
acting on behalf of the Consultants in carrying out the Services,
the Consultants, with respect to damage caused by the Consultants
to the Client's property, shall not be liable to the Client:
i) for any indirect or consequential loss or damage; and

ii) Consultant will maintain at its expenses; Professional Liability Insurance
including coverage for errors and omissions caused by
Consultant’s negligence in the performance of its duties under this
agreement, (A) For the amount not exceeding total payments for
95
Professional Fees and Reimbursable Expenditures made or expected

to be made to the Consultants hereunder OR (B) the proceeds, the
Consultants may be entitled to receive from any insurance
maintained by the Consultants to cover such a liability, whichever
of (A) or (B) is higher.
iii) The policy should be issued only from an Insurance Company operating in
India.
iv) The policy must clearly indicate the limit of indemnity in terms of “Any
One Accident” (AOA) and “Aggregate limit on the policy period” (AOP)
and in no case should be for an amount less than stated in the contract.
v) If the Consultant enters into an agreement with Employer in a joint
venture or ‘in association’, the policy must be procured and provided
to Employer by the joint venture/in association entity and not by
the individual partners of the joint venture/association.
vi) The contract may include a provision thereby the Consultant does
not cancel the policy midterm without the consent of the Employer.
The insurance company may provide an undertaking in this regard.
(b) This limitation of liability shall not affect the Consultants' liability, if
any, for damage to Third Parties caused by the Consultants or any person
or firm acting on behalf of the Consultants in carrying out the Services.
(c) Professional Liability Insurance may be accepted for initially one year which
shall be extended annually for five years. PLI shall be uniformly taken for a
period of five years.
3.5 The risks and the coverage shall be as follows
(a) Third Party motor vehicle liability insurance as required under Motor
Vehicles Act, 1988 in respect of motor vehicles operated in India by
the Consultants or their Personnel or any Sub-consultants or their
Personnel for the period of consultancy.
(b) Third Party liability insurance with a minimum coverage, of Rs. 1.0
million for the period of consultancy.
(c) Professional liability insurance as per 3.4 (a) (ii) of SC of the

consultancy, with a minimum coverage equal to estimated remuneration
and reimbursable.
(d) Employer's liability and workers' compensation insurance in respect
of the Personnel of the Consultants and of any Sub-consultant, in
accordance with the relevant provisions of the Applicable Law, as well as,
with respect to such Personnel, any such life, health, accident, travel or
other insurance as may be appropriate; and
(e) Insurance against loss of or damage to (i) equipment purchased in

whole or in part with funds provided under this Contract, (ii) the
Consultants' property used in the performance of the Services, and
96
(iii) any documents prepared by the Consultants in the performance of

the Services.
3.7(c) The other actions are
"(i) taking any action under a civil works contract designating the
Consultants as "Authority’s Engineer", for which action, pursuant to
such civil works contract, the written approval of the Client as "Employer"
is required".
3.9 The Consultants shall not use these documents for purposes unrelated to
this Contract without the prior written approval of the Client.
4.6 "The person designated as Team Leader cum Sr. Highway Engineer in
Appendix C shall serve in that capacity, as specified in Clause GC 4.6."
6.1(b) The amount payable Indian Rupee is :
6.2(a) "Payments for remuneration made in accordance with Clause GC

6:2(a) in shall be adjusted as follows :
(i) Consultants shall be paid billing rates for services rendered by the
personnel of all categories namely (i) key Personnel; (ii) sub-
Professional personnel and (iii) Support staff on man-moth wise. For
calculating billing rates of remaining items of the financial proposal,
namely (i) transportation , (ii) Duty travel to site (iii) Office Rent, (iv)
office supplies communication etc (v) reports & document printing
and (vi) survey equipment etc. quoted amount of selected consultant
will be converted to percentage of civil work cost quoted by civil
contractor and payment will be made in proportionate to the financial
progress of the civil work. Beginning 13th month from the last date of
submission of bid, billing rates shall be increased @ 5% every 12
months. However, for evaluation and award of the Bid proposals, the
quoted initial rate (as applicable for first 12 months from last date of
submission of bid) shall be multiplied by the total time input for each
position on this contract, i.e. without considering the increase in the
billing rates. All payments shall be made in Indian Rupees and shall
be subjected to applicable Indian laws withholding taxes if any.
(ii) Payment made pursuant to the rates set forth in Appendix G shall be
adjusted every twelve (12) months (and, the first time, with effect for
the payment earned in the 13th calendar month after the last date of
submission of bid) by 5% every 12 month.
Notwithstanding any other provisions in the agreement in this

regard, this provision will prevail and over ride any other provision to
the contrary in this agreement.
97
6.2(b)(i) (1) It is understood (i) that the remuneration rates shall cover (A) such
salaries and allowances as the Consultants shall have agreed to pay to
the Personnel as well as factors for social charges and overhead,
and (B) the cost of backstopping by home office staff not included
in the Personnel listed in Appendix C, and (C) the Consultants' fee; (ii)
that bonuses or other means of profit-sharing shall not be allowed as
an element of overhead, and (iii) that any rates specified for persons
not yet appointed shall be provisional and shall be subject to revision,
with the written approval of the Client, once the applicable salaries and
allowances are known.
(2) Remuneration for periods of less than one month shall be calculated on
an hourly basis for actual time spent in the Consultants' home
office and directly attributable to the Services (one hour being equivalent
to 1/240th of a month) and on a calendar-day basis for time spent away
from home office (one day being equivalent to 1/30th of a month).
6.2(b)(ii) The rates for foreign and local Personnel are set forth in Appendix G
.
6.4(a) The following provisions shall apply to the interest bearing advance
payment and the advance payment guarantee :
1) An advance payment. of 10% of the contract price in proportion to

the quoted Indian currency (INR) in the bid shall be made within 60
days after receipt and verification of advance payment bank
guarantee. The advance payment along with interest will be set off
by the Client in equal instalments against the statements for the first
12 months of the Service until the advance payment has been fully set
off. The advance payment shall be in Indian Rupee.
2) The bank guarantee shall be in the amount and in the currency

of the the advance payment.
3) Interest rate shall be 10% per annum (on outstanding amount).
6.4 (c) The interest rate is 10 % per annum .

6.4(e) The accounts are:
..........................
[Note: Insert account number, type of account and name and address of the Bank]
8.2 Disputes shall be settled by arbitration in accordance with the

following provisions:
98
8.2.1 Selection of Arbitrators
Each dispute submitted by a Party to arbitration shall be heard by a sole

arbitrator or an arbitration panel composed of three arbitrators, in
accordance with the following provisions:
(a) Where the Parties agree that the dispute concerns a technical
matter, they may agree to appoint a sole arbitrator or, failing
agreement on the identity of such sole arbitrator or within thirty (30)
days after receipt by the other Party of the proposal of a name for
such an appointment by the Party who initiated the proceedings,
either Party may apply to the President, Indian Roads Congress,
New Delhi, for a list of not fewer than five nominees and, on
receipt of such list, the Parties shall alternately strike names there
from, and the last remaining nominee on the list shall be the sole
arbitrator for the matter in dispute. If the last remaining nominee
has not been determined in this manner within sixty (60) days of
the date of the list, the President, Indian Roads Congress, New
Delhi, shall appoint, upon the request of either Party and from such
list or otherwise, a sole arbitrator for the matter in dispute.
(b) Where the Parties do not agree that the dispute concerns a
technical matter, the Client and the Consultants shall each appoint
one arbitrator, and these two arbitrators shall jointly appoint a third
arbitrator, who shall chair the arbitration panel. If the arbitrators
named by the Parties do not succeed in appointing a third arbitrator
within thirty (30) days after the latter of the two arbitrators named by
the Parties has been appointed, the third arbitrator shall, at the
request of either Party, be appointed by Secretary, the Indian
Council of Arbitration, New Delhi.
(d) If, in a dispute subject to Clause SC 8.2.1 (b ), one Party fails to

appoint its arbitrator within thirty (30) days after the other Party
has appointed its arbitrator, the Party which has named an
arbitrator may apply to the Secretary, Indian Council of
Arbitration, New Delhi, to appoint a sole arbitrator for the matter in
dispute, and the arbitrator appointed pursuant to such application
shall be the sole arbitrator for that dispute.
8.2.2 Rules of Procedure
Arbitration proceedings shall be conducted in accordance with

procedures of the Arbitration & Conciliation Act 1996, of India unless
the Consultant is a foreign national/firm, where arbitration proceedings
shall be conducted in accordance with the rules of procedure for
99
arbitration of the United Nations Commission on International Trade Law

(UNCITRAL) as in force on the date of this Contract.
8.2.3 Substitute Arbitrators
If for any reason an arbitrator is unable to perform his function, a substitute

shall be appointed in the same manner as the original arbitrator.
8.2.4 Qualifications of Arbitrators

The sole arbitrator or the third arbitrator appointed pursuant to
paragraphs (a) through (c) of Clause 8.2.1 hereof shall be an
internationally/nationally recognized legal or technical expert with
extensive experience in relation to the matter in dispute.
8.2.5 Miscellaneous
In any arbitration proceeding hereunder:
(a) Proceedings shall, unless otherwise agreed by the parties, be held in

Delhi.
(b) The English language shall be the official language for all purposes; and
(c) The decision of sole arbitrator or of a majority of the arbitrators ( or of the

third arbitrator if there is no such majority) shall be final and binding and
shall be enforceable in any court of competent jurisdiction, and the Parties
hereby waive any objections to or claims of immunity in respect of such
enforcement.
(e) Fee structure shall be as indicated below:
Sl Particulars Maximum amount payable per Arbitrator/ per

No. case*
1 Arbitrator fee Rs. 15,000/- per day subject to a maximum 4
lacs
Or
Rs 2.5 lacs (lump sum) subject to
publishing the award within 12 months.
2 Reading Charges Rs 15,000/-
3 Secretarial Assistance Rs 20,000/-
and Incidentalcharges
(telephone, fax,
postage etc.)
5 Charges for Publishing Maximum of Rs. 20,000/-
/declaration of the Award
6 Other expenses (as Maximum ceiling
per actuals against bills
100
subject to the
prescribed ceiling)
Traveling Expenses Economy class (by air), First class AC (by
train)
and AC car (by road)
Lodging and Boarding 1. Rs 15,000/- per day (in metro

cities)
2. Rs 7,000/- per day (in other
cities)
3. Rs 3,000/- per day, if any
Arbitrator makes their own
arrangements.
7 Local Travel Rs. 1500/- per day

8. Extra charges for days Rs. 3,500/- per day
other than
hearing/meeting days
(maximum for 2 days)
Note:- 1. Lodging, boarding and travelling expenses shall be allowed only for
those members who are residing 100 kms. away from place of meeting.
2. Delhi, Mumbai, Chennai, Kolkata, Bangalore and Hyderabad shall be
considered as Metro Cities.
* May be suitably modified, as per market rates
101
IV. APPENDICES
Appendix A: Description of the Services
[Give detailed descriptions of the Services to be provided; dates for completion of various
tasks, place of performance for different tasks; specific tasks to be approved by Client,
etc.]
Details as per TOR
102
Appendix B: Reporting Requirements
[List format, frequency, contents of reports and number of copies; persons to receive
them; dates of submission, etc. If no reports are to be submitted, state here "Not
applicable".}
Please refer TOR
103
Appendix C: Key Personnel and Sub-consultants
[List under: C-l Titles [and names, if already available}, detailed job
descriptions and minimum qualifications. experience of
Personnel to be assigned to work in India, and staff- months for
each.
C-2 Same information as C-l for Key local Personnel.
C-3 Same as C-l for Key foreign Personnel to be assigned to

work outside India.
C-4 List of approved Sub-consultants [if already available];

same information with respect to their Personnel as in C-l
through C-4)
Please refer TOR
104
Appendix D: Medical Certificate
[Show here an acceptable form of medical certificate for foreign Personnel to be

stationed in India. If there is no need for a medical certificate, state here: "Not
applicable. "]
The form of Medical Certificate as required under the rules of Govt. of India
105
Appendix E: Hours of Work for Key Personnel
The Consultants Key personnel and all other Professional / Sub Professional /
Support Staff / Sub-Consultancy personnel shall work 6 days (Mondays through
Saturday) every week and observe the Gazetted Holidays of Government of
India as Holidays. The Consultant shall work as per the work program of
the EPC Contractor. In this context in case the work plan of the Consultant
needs suitable modifications, the same shall be carried out and submitted to
the client for consideration. The Consultants hours of work normally shall match
with that of Contractor’s activities on the site. No extra remuneration shall be
claimed or paid for extra hours of work required in the interest of Project
completion.
In respect of foreign personnel, one day per trip as travel time from and to the
country of the Government shall be allowed.
106
Appendix F:
Duties of the Client
[List here under:
F-1 Services, facilities and property to be made available to the

Consultants by the Client.
F-2 Counterpart personnel to be made available to the Consultants by

the Client.]
Please refer TOR
107
Appendix G:
Cost Estimates
List hereunder cost estimate in INR:
1. Monthly rates for local Personnel (Key Personnel and other Personnel)
2. Reimbursable/Rental/Fixed expenditures as follows:
a. Cost of local transportation.
b. Cost of other local services, rentals, utilities, etc.
108
Appendix H: FORM OF PERFORMANCE SECURITY
(PERFORMAMANCE BANK GUARANTEE)
(Clause-13 of TOR)
To
Address of Employer:
WHEREAS
[Name and address of Consultants]1 (hereinafter called “the consultants”)
has undertaken, in pursuance of Contract
No. dated
to provides the services on terms and conditions set forth in
this Contract __________[Name of contract and brief description of works)
(hereinafter called the “the Contract”).
AND WHEREAS it has been stipulated by you in the said Contract that the
Consultants shall furnish you with a Bank Guarantee by a recognized bank for the
sum specified therein as security for compliance with his obligations in accordance
with the Contract;
AND WHEREAS we have agreed to give the Consultants such a Bank

Guarantee;
NOW THEREOF we hereby affirm that we are the Guarantor and

responsible to you, on behalf of the Consultants up to a total of
[amount of Guarantee] 2
[in words], such sum
being payable in the types and proportions of currencies in which the
Contract Price is payable, and we undertake to pay you, upon your first
written demand and without cavil or argument, any sum or sums within the limits
of [amount of Guarantee] as aforesaid without
your needing to prove or to show grounds or reasons for your demand for the
sum specified therein.
We hereby waive the necessity of your demanding the said debt from the
Consultants before presenting us with the demand.
We further agree that no change or addition to or other modification of the terms

of the Contract or of the services to be performed there under or of any of the
109
Contract documents which may be made between you and the Consultants
shall in any way release us from any liability under this guarantee, and
we hereby waive notice of any such change, addition or modification.
The liability of the Bank under this Guarantee shall not be affected by any change
in the constitution of the consultants or of the Bank.
Notwithstanding anything contained herein before, our liability under this

guarantee is restricted to Rs.
(Rs. ) and the guarantee shall remain valid
till . Unless a claim or a demand in writing is made upon us on or before
all our liability under this guarantee shall cease.
This guarantee shall be valid for a period of 68 months i.e. upto 2 months beyond the
expiry of contract of 66 months.
Signature and Seal of the Guarantor _________________In presence of
Name and Designation 1.
(Name, Signature &

Occupation)
Name of the Bank
Address 2.
(Name & Occupation)
Date
1 Give names of all partners if the Consultants is a Joint Venture.
110
Appendix I: Form of Bank Guarantee for Advance Payments

(Reference Clause 6.4(a) of Contract)
(To be stamped in accordance with Stamp Act, if any, of the country of issuing bank)
Ref: Bank Guarantee: _________
Date:
Dear Sir,
In consideration of M/s. (hereinafter referred as the "Client", which

expression shall, unless repugnant to the context or meaning thereof include it
successors, administrators and assigns) having awarded to M/s.
(hereinafter referred to as the
"Consultant" which expression shall unless repugnant to the context or meaning
thereof, include its successors, administrators, executors and assigns), a contract
by issue of client's Contract Agreement No. dated
and the same having been unequivocally
accepted by the Consultant, resulting in a Contract valued at
for Contract (hereinafter called the "Contract")
(scope of work)
and the Client having agreed to make an advance payment to the
Consultant for performance of the above Contract amounting to (in words and
figures) as an advance against Bank Guarantee to be furnished by the Consultant.
We
(Name of the Bank) having its Head Office at (hereinafter referred to as the Bank),
which expression shall, unless repugnant to the context or meaning thereof, include its
successors, administrators executors and assigns) do hereby guarantee and
undertake to pay the client immediately
on demand any or, all monies payable by the Consultant to the extent of
- as aforesaid at any time upto
@ without any
demur, reservation, contest, recourse or protest and/or without any reference to
the consultant. Any such demand made by the client on the Bank shall be
conclusive and binding notwithstanding any difference between the Client and the
111
Consultant or any dispute pending before any Court, Tribunal, Arbitrator or any
other authority. we agree that the Guarantee herein contained shall be
irrevocable and shall continue to be enforceable till the Client discharges this
guarantee.
The Client shall have the fullest liberty without affecting in any way the liability of
the Bank under this Guarantee, from time to time to vary the advance or to extend the
time for performance of the contract by the Consultant. The Client shall have the
fullest liberty without affecting this guarantee, to postpone from time to time the
exercise of any powers vested in them or of any right which they might have against
the Client and to exercise the same at any time in any manner, and either to
enforce or to forebear to enforce any covenants, contained or implied, in the
Contract between the Client and the Consultant any other course or remedy or
security available to the Client. The bank shall not be relieved of its obligations
under these presents by any exercise by the Client of its liberty with reference to the
matters aforesaid or any of them or by reason of any other act or
forbearance or other acts of omission or commission on the part of the Client or any
other indulgence shown by the Client or by any other matter or thing whatsoever
which under law would but for this provision have the effect of relieving the Bank.
The Bank also agrees that the Client at its option shall be entitled to enforce this
Guarantee against the Bank as a principal debtor, in the first instance without
proceeding against the Consultant and notwithstanding any security or other
guarantee that the Client may have in relation to the Consultant's liabilities.
Notwithstanding anything contained herein above our liability under this guarantee is
limited to and it shall remain in force upto and including
and
shall be extended from time to time for such period (not exceeding one year), as may
be desired by M/s. on whose behalf this
guarantee has been given.
Dated this day of

201 at
WITNESS
(signature)
(Signature)
112
(Name)
(Name)
(Official Address) Designation (with Bank stamp)
Attorney as per Power of
Attorney No.
Dated
Strike out, whichever is not applicable.
Note 1: The stamp papers of appropriate value shall be purchased in the name of
bank who issues the "Bank Guarantee”.
Note 2: The bank guarantee shall be from a Nationalized Indian Bank or reputed
foreign commercial Bank acceptable to client for Foreign Consultant with
counter guarantee from Nationalized Bank. Bank guarantee furnished by
Foreign consultant shall be confirmed by any Nationalized Bank in India.
113
Appendix J
Letter of invitation
114
Appendix K
Letter of Award
115
Appendix L
Minutes of pre-bid meeting
116
Appendix-M
Memorandum of Understanding
between
_____________________
And
__________________________
Whereas the Ministry of Road Transport & Highways (MoRT&H)/Uttar

Pradesh State PWD (the ‘ Employer’) has invited proposal for appointment of
Authority’s Engineer for __________________ (Name of project) hereinafter called the
Project.
And Whereas _________________ (Lead Partner) and _______________ JV

partner/s have agreed to form a Joint Venture to provide the said services to the
Employer as Authority’s Engineer; and
Now, therefore, it is hereby agreed by and on behalf of the partners as follows:
(i) ___________ will be the lead partner and ____________ will be the other JV
partner/s.
(ii) ______________ (lead partner) shall be the in charge of overall administration

of contract and shall be authorised representative of all JV partners for
conducting all business for and on behalf of the JV during the bidding
process and subsequently, represent the joint venture for and on behalf of
the JV for all contractual matters for dealing with the Employer/EPC
Contractor if Consultancy work is awarded to JV.
(iii) All JV partners do hereby undertake to be jointly and severely responsible for all
the obligation and liabilities relating to the consultancy work and in
accordance with the Terms of Reference of the Request for Proposal for the
Consultancy Services.
(iv) Subsequently, if the JV is selected to provide the desired consultancy services,
a detailed MOU indicating the specific project inputs and role of each
partner/s along with percentage sharing of cost of services shall be
submitted to the Employer (Consultant may submit the detailed MOU along
with percentage sharing of cost at the time of bidding also).
For____________________ (Name of Lead partner)

_______________________
Managing Director/Head of the Firm
Address
For____________________ (Name of JV partner/s)
117
_______________________
Managing Director/Head of the Firm
Address
For____________________ (Name of Associate Partner/s)
118
Appendix-N
BANK GUARANTEE FORMAT FOR BID SECURITY

(To be stamped in accordance with Stamp Act if any, of the country of issuing bank)
Ref.: Tender No. _________, dated ________
Bank Guarantee:
Date:
WHEREAS, _________________(Name of Bidder) __ (hereinafter called “the
bidder”) has submitted his bid dated ______________________ (date) for the Tender
No. _________, dated _________ (hereinafter called “the Bid”).
KNOW ALL MEN by these presents that We, ______________________ [Name

of Bank) of ___________________________________ [Name of Country] having our
registered office at ________________________ (hereinafter called “the Bank”) are
bound unto Superintending Engineer 28th(NH) Circle, PWD, Bareilly
[Name of Employer] (hereinafter called “the Employer”) in the sum of Rs. 50,000
(Rupees Fifty Thousand Only) for which payment will and truly to be made to the said
Employer the Bank binds himself, his successors and assigns by these presents.
SEALED with the Common Seal of the said Bank this _______day of _________ 2015.
THE CONDITIONS of this obligation are:
1. If the Bidder withdraws his Bid during the period of bid validity specified in the Bid
document; or
2. If the Bidder does not accept the correction of arithmetical errors of his Bid Price in
accordance with the Instructions to Bidder; or
3. If the Bidder having been notified of the acceptance of his Bid by the Employer
during the period of bid validity,
a. fails or refuses to execute the Form of Agreement in accordance with the
Instructions to Bidders, if required; or
b. fails or refuses to furnish the Performance Security, in accordance with the
Instructions to Bidders,
we undertake to pay the Employer up to the above amount upon receipt of his first
written demand, without the Employer having to substantiate his demand, provided that
in his demand the Employer will note that the amount claimed by him is due to him
owing to the occurrence of one or any of the conditions, specifying the occurred
condition or conditions.
This Guarantee will remain in force up to and including the date 180 (one hundred and
eighty) days after the deadline for submission of bids as such deadline is stated in the
Instructions to Bidders or as it may be extended by the Employer, notice of which
extension(s) to the Bank is hereby waived. Any demand in respect of this Guarantee
should reach the Bank not later than the above date.
Notwithstanding anything contained herein before, our liability under this guarantee is
restricted to Rs.__________ (Rs._________________________) and the guarantee
shall remain valid till ________. Unless a claim or a demand in writing is made upon
us on or before ____________ all our liability under this guarantee shall cease.
119
DATE _______________
SIGNATURE OF THE BANK _______________________

SEAL OF THE BANK _____________________________
SIGNATURE OF THE WITNESS ____________________
Name and Address of the Witness ___________________
The bank guarantee shall be issued by a bank (Nationalized/Scheduled) located in

India
DISCLAIMER
The Applicant must read all the instructions in the RFP and submit the same
accordingly.
120

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Ministry of Road Transport & Highways Request for Proposal for AE

CONSULTANCY SERVICES OF AUTHORITY’S ENGINEER

REQUEST FOR PROPOSAL

Through Chief Engineer N.H., U.P. P.W.D. Lucknow

Sr. No. Particulars Page Nos.

No. 3014 /1 Tender cashier (Bly)-28/16-17 Dated: 03.09.2016

Request for Proposal (RFP) for selection of Authority’s Engineer for

1 Rehabilitation and Up-

REQUEST FOR PROPOSAL (RFP)

SECTION 1: INFORMATION TO CONSULTANTS

Sub: Consultancy Services of Authority’s Engineer for supervision of Rehabilitation

Sl. Consultancy NH State Project Project Assignment

2. Selection of AE shall be as per selection procedures given in the Model

3. The proposal shall be submitted in English Language and all

4. MoRT&H and the State PWD of Uttar Pradesh intends to appoint a

number of Joint Venture partners is limited to 2 (i.e. one lead + 1 JV

*** For weightage of experience in any past Consultancy assignment, experience

SECTION 2 LETTER OF INVITATION TO CONSULTANTS

(i) “corrupt practice” means the offering, giving, receiving, or

confirmation of extension of validity of the Proposal, Consultants could

2. CLARIFICATIONS AND AMENDMENT OF RFP DOCUMENTS

written Power of Attorney duly notarized to be submitted with the proposal.

Part 1: Technical Proposal

shall also be furnished by the consultant and their JV partner,

contract negotiations by persons scoring at least 75% marks.

Part 2: Financial Proposal

4.1 PREPARATION & SUBMISSION OF APPLICATIONS:

i. Detailed RFP may be downloaded from E-tendering portal of Employer and

A. Only Electronic Form (to be uploaded on the E-tendering portal of Employer)

(I) Technical Proposal in Hard Bound Form including

(a) Power of Attorney for signing the Application

(f) Technical proposal as per format prescribed in SECTION-4

(IV) Application processing fee as applicable shall be paid to the Service

C Technical Proposal through INFRACON portal:

1. Executive Engineer, N.H. Construction Division, P.W.D., Bareilly,

4.2 Modification / Substitution/ Withdrawal of bids:

contract to conclude negotiations.

1.1 Pre-Proposal Conference shall be held at: Office of Superintending Engineer

3.1 The Language of documents and correspondence will be English.

S. No. Description Marks

Experience in DPR preparation/ Feasibility Study cum Preliminary 5

Employer’s certificate should be submitted substantiating the experience claimed by

S.No. Staff Position Marks in case of

Sub criteria for qualification of key Personnel (i.e. Professional staff)

Employment with firm 5

5.1 (iv) Sub criteria for employment with firm

SECTION 3. FORMATS FOR SUBMISSION OF FIRMS CREDENTIALS

The proposal should contain the following information in enclosed format

i. Name of the package applied for:-

Consultant Year of Country Type of Organization

NOTE:- Year of Establishment of Lead Partner of JV shall be considered.

Sl. Particular 2015-16 2014-15 2013-14

S Pr ojec ts Type of De sc rip - Client Total Fee %age Appro Period

viii. Experience in DPR/ Feasibility Study cum Preliminary Design Report

S Pr ojects Name T y pe of Lengt Client Total Fee %age Period

b) Only those projects, to be included in the table which are Highways

e) For weightage of experience in any past Consultancy assignment,

SECTION 4. FORMAT FOR SUBMISSION OF TECHNICAL PROPOSAL

Appendix B-1 Technical proposal submission form.