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RFP, PWD, PIU

REQUEST FOR PROPOSAL


FOR
Project Management Consultancy Services for
Supervision and Quality Control Consultancy Services for Works Of
Balaghat District Under PIU Balaghat ,PWD,M.P.

No. Date: ....../........../20.................

YEAR : 2021

M.P. PUBLIC WORKS DEPARTMENT, PROJECT IMPLEMENTATION UNIT


Additional Project Director, PWD, PIU, Jabalpur (M.P.)
 0761- Email :[email protected]
Website: www.mptenders.gov.in

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RFP, PWD, PIU

CONTENTS
PROJECT MANAGEMENT CONSULTANCY SERVICES FOR
SUPERVISION AND QUALITY CONTROL CONSULTANCY
SERVICES FOR WORKS OF BALAGHAT DISTRICT UNDER PIU
BALAGHAT ,PWD,M.P.

SECTION TITLE PAGE NO.

NOTICE INVITING TENDER 3

SECTION 1 LETTER OF INVITATION 4

INSTRUCTION TO CONSULTANTS
SECTION 2 5-10

DATASHEET 11-12

ANNEXURE – I 13-15

ANNEXURE – II 16-17

TECHNICAL PROPOSAL- STANDARD


SECTION 3 18-25
FORMS

FINANCIAL PROPOSAL- STANDARD


SECTION 4 26
FORMS

SECTION 5 TERMS OF REFERENCE 27-34

SECTION 6 DRAFT FORM OF CONTRACT 35-37

SECTION 7 GENERAL CONDITIONS OF CONTRACT 38-43

SECTION 8 SPECIAL CONDITIONS OF CONTRACT 44-48

SECTION 9 APPENDICES 49

Seal & Signature

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RFP, PWD, PIU

OFFICE OF THE ADDITIONAL PROJECT DIRECTOR


PWD, Project Implementation Unit (PIU)
South Civil Line, Jabalpur (M.P.)
Telephone No  0761- Website & Email Address :- [email protected]

Letter No.............../APD/PWD PIU/NIT/2020-21/ .............. Dated:.................2021

CONSULTANT FOR PROJECT MANAGEMENT CONSULTANCY SERVICES


MP PWD, PIU intends to engage a Consultant for the following assignment:

Name of Work Probable EMD (INR) Stipulated Time Period for


Amount of Civil Assignment
Work Cost
(in Lacks)

Project Management
Consultancy (SQC) for
Supervision and Quality
(24 Months)
Control Consultancy Services 84.65 84650/-
for Works Of Balaghat District
including rainy season
Under PIU Balaghat
,PWD,M.P.
The firm will be selected on Least Cost procedure as described in RFP. Detailed
terms & conditions are mentioned in the RFP document. The date of Purchase, submission,
etc. are mentioned in the key dates. Tender forms can be purchased/downloaded online only
upto 02-04-2021 9:00 AM to 16-04-2021 18:00 PM hrs. on ... from website www.mptenders.gov.in.
The bidders have to submit the Proposal online only. The
Addendum/Corrigendum/Clarification (if any) shall only be published on the website of
www.mptenders.gov.in only. If holiday is declared by the Government of Madhya Pradesh
on the date of opening, the same will automatically be shifted to subsequent working days.
MPPWD, PIU reserves the right to accept / reject any/ all offers without assigning any
reason thereof.

Additional Project Director,


PWD, PIU Jabalpur (M.P.)

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SECTION 1 - LETTER OF INVITATION (LOI)

1. The PWD PIU has been assigned to construct Supervision and Quality Control
Consultancy Services for Works Of Balaghat District Under PIU Balaghat ,PWD,M.P. by Jail
department of Govt. of Madhya Pradesh. The work is being / to be constructed through engagement
of Civil Works contractor.

2. The PWD PIU intends to engage a Project Management Consultant for the
aforementioned work. The Consultant shall function as - Project Management
Consultant as the ‘Engineer’ which involves Project Management in terms of Detailed
Planning, Monitoring , Coordination with other department/agencies, Supervision of
Work , Contract Management, Quality Assurance, Timely Engineering decision and
approval thereof from Employer, Recording of Measurement/Bills, Assisting in
arbitration & litigation cases and all other necessary steps/decision required for timely
completion of Project.
More details on the Services are provided in the attached Terms of Reference.

3. CONSULTANTS PROPOSAL SUBMISSION


The Consultants are advised to understand fully the specific requirements of the Project
Management Consultancy Services for the work. The Consultants are also advised to
inspect the concerned project site and acquaint themselves with the ground realities.
The Consultant submission should be focused to the project requirements as per TOR
details. The methodology to be submitted should address to the project site
requirements. All specific issues for which references have been made in the various
paras of the TOR should be addressed effectively. General nature descriptions should
be avoided. Details of the Services are provided in the attached Terms of Reference
(TOR).

4. A firm will be selected on least Cost procedure described in the RFP.

5. The RFP includes the following documents:

Section 1 – Letter of Invitation


Section 2- Instruction to Consultant with Data Sheet & Annexure
Section 3 – Technical Proposal -Standard Forms
Section 4- Financial Proposal – Standard Forms
Section 5- Terms of Reference
Section 6- Draft Form of Contract
Section 7- General Conditions of Contract
Section 8- Special Conditions of Contract
Section 9- Appendices

Additional Project Director,


PWD, PIU Jabalpur (M.P.)

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SECTION 2 - INSTRUCTIONS TO CONSULTANTS


1. INTRODUCTION
Definitions (a) “Client/Employer” means the person who invited this Request for
Proposal and whose name is mentioned in the Data Sheet.
(b) “Consultant” means any entity or person that may provide or provides the
Services to the Client under this Contract.
(c) “Contract” means the Contract signed by the Parties and all the attached
documents listed in its Clause 1, that is the General Conditions (GC), the
Special Conditions (SC), Terms of Reference and the Appendices.
(d) “Contractor” means the agency selected by the Client/Employer for
executing the civil works.
(e) “Data Sheet” means such part of the Instructions to Consultants used to
reflect specific assignment conditions.
(f) “Day” means calendar day.
(g) “Government” means the Government of Madhya Pradesh.
(h) “Instructions to Consultants” (Section 2 of the RFP) means the
document which provides Consultants with all information needed to
prepare their Proposals.
(i) “LOI” (Section 1 of the RFP) means the Letter of Invitation.
(j) “Personnel” means professionals and support staff provided by the
Consultant and assigned to perform the Services or any part thereof;
(k) “Proposal” means the Technical Proposal and the Financial Proposal.
(l) “RFP” means the Request For Proposal prepared by the Client for the
selection of Consultants.
(m) “Services” means the work to be performed by the Consultant pursuant to
the Contract.
(n) “Terms of Reference” (TOR) means the document included in the RFP
as Section 5 which explains the objectives, scope of work, activities, tasks
to be performed, respective responsibilities of the Client and the
Consultant, and expected results and deliverables of the assignment.
1.1 The Client/Employer named in the “Data Sheet” will select a firm among
those invited as per the Letter of Invitation in accordance with the method of
selection indicated in the Data Sheet.
1.2 The consultants are invited to submit Technical Proposals and Financial
Proposals for consulting services required for the Assignment named in the
Data Sheet. The last date of purchase of document is specified in the Data
Sheet. The Proposal will be the basis for contract negotiations and ultimately
signing of a contract with the selected firm.
1.3 The Consultants should familiarize themselves with Local Conditions &
Bylaws and take them into account in preparing their Proposals. To obtain
first hand information on the Assignment and on the local conditions,
consultants are encouraged to pay a visit to the Client’s/Employer’s office
and project site before submitting a Proposal, and to attend a pre-proposal
conference if one is specified in the Data Sheet. Attending the pre-proposal
conference is optional. The Consultant’s representative should contact the
officials named in the Data Sheet to arrange for their visit or to obtain
additional information on the pre- proposed conference. Consultants should
ensure that these officials are advised of the visit in adequate time to allow
them to make appropriate arrangements.
1.4 Deleted.

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1.5 Consultant shall bear all costs associated with the preparation and
submission of their proposals and contract negotiation. The Client is not
bound to accept any proposal, and reserves the right to annul the selection
process at any time prior to Contract award, without thereby incurring any
liability to the Consultant.
1.6 The client requires that consultants provide professional, objective, and
impartial advice and at all times hold the Client’s interest paramount, without
any consideration for future work, and strictly avoid conflicts with other
assignments or their own corporate interests.
1.6.1 A Consultant (including its Personnel) or any of its affiliates shall not be
hired for any assignment that, by its nature, may be in conflict with another
assignment of the Consultant to be executed for the same or for another
Client. For example, a Consultant hired to prepare engineering design for an
infrastructure project shall not be engaged to prepare an independent
environmental assessment for the same project.
1.6.2 A Consultant (including its Personnel) that has a business or family
relationship with a member of the Client’s staff who is directly or indirectly
involved in any part of (i) the preparation of the Terms of Reference of the
assignment, (ii) the selection process for such assignment, or (iii) supervision
of the Contract, may not be awarded a Contract, unless the conflict stemming
from this relationship has been resolved in a manner acceptable to the client
throughout the selection process and the execution of the Contract.
1.6.3 Consultants 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
that 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.
1.7 It is the Client’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 Client:
(a) defines, for the purpose of this paragraph, the terms set forth below as follows:
(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, noncompetitive 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

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corrupt or fraudulent practices in competing for, or in executing, a domestic


financed contract; and
(d) will have the right to require that, in contract, a provision be included requiring
consultant to permit the Client to inspect their accounts and records relating to
the performance of the contract and to have them audited by authorized
representatives of Client.
1.8 The Consultant shall be aware of the provisions on fraud and corruption.
1.9 Consultant 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, as requested in the Financial Proposal
submission form (Section 4).
1.10 The Data Sheet indicates how long Consultant's Proposals must remain valid
after the submission date. The Client will make its best effort to complete
negotiations within this period. Should the need arise; however, the Client may
request Consultant to extend the validity period of their proposals. Consultants
who agree to such extension shall confirm extension of validity of the Proposal.
Consultants who do not agree have the right to refuse to extend the validity of
their Proposals.
2.0 CLARIFICATIONS AND AMENDMENT OF RFP DOCUMENTS
2.1 Consultants may request a clarification of any of the RFP documents prior to the date
of pre-proposal conference. Any request for clarification must be sent in writing by
paper mail, cable, telex, facsimile, or electronic mail to the Client’s address indicated
in the Data Sheet. The Client will respond by way of clarifications/ modifications
uploaded on the portal.
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 an invited
firm, modify the RFP documents by amendment. Any amendment shall be issued in
writing through addenda. Addenda shall be uploaded on procurement portal of Govt.
of Madhya Pradesh and will be binding on all participating consultants. The Client
may at its discretion extend the deadline for the submission of Proposals.
3. PREPARATION OF PROPOSAL
3.1 Consultants are requested to submit a Proposal (para 1.2) written in the
language(s) specified in the Data Sheet.
3.1A Earnest Money Deposit:
The applicant shall have to deposit an Earnest Money Deposit of amount
specified in the Data Sheet online only. If EMD is not found proper then the
proposal shall be treated as non responsive and shall not be evaluated further and
hence shall be rejected.
Technical Proposal
3.2 In preparing the Technical Proposal, consultants are expected to examine the
documents comprising this RFP in detail. Material deficiencies in providing the
information requested may result in rejection of a Proposal.

3.3 While preparing the Technical Proposal, consultants must give particular
attention to the following:
(i) If a Consultant considers that it may enhance its expertise for the
assignment by associating with other Consultants in a joint venture, it
may associate with other Consultants if so indicated in the Data Sheet.

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For the assignments, the estimated number of professional staff and Minimum
required experience of proposed Professional staff is given in the Data Sheet.
(ii) Documents to be submitted by the Consultants for this assignment must
be in the language(s) specified in the Reference Paragraph 3.1 of the
Data Sheet.
3.4 The Technical Proposal should provide the following information using the
attached Standard Forms (Section 3).
(i) A brief description of the Consultants’ organization and an outline of
experience in last 5 financial years and, in the case of joint venture, for
each partner, on assignments of a similar type & nature is required
(Section 3B). For each assignment, the outline should indicate duration
of the assignment, contract amount, and Consultant’s fee, actual
completion date etc. Information should be provided only for those
assignments for which the Consultant was legally contracted by the
Client as a company/ firms/partner of a joint venture. Assignments
completed by individual Professional staff working privately or through
other consulting firms cannot be claimed as the experience of the
Consultant, or that of the Consultant’s associates, but can be claimed by
the Professional staff themselves in their CVs. Consultants must
substantiate his experience by submitting the requisite experience
certificate from the client. Experience certificate issued by the Principal
Employer shall only be accepted. The Principal Employer should be a
Government Organisation/ Government Entity.
(ii) Financial details Turnover through consultancy business, etc, as required
through format annexed in this regard (Section 3C).
(iii) Any comments or suggestions on the Terms of Reference (Section 3D).
(iv) A description of the methodology and work plan for performing the
assignment (Section 3E)
(v) The list of the proposed staff team by specialty, the tasks that would be
assigned to each staff team member, and their timing (Section 3F).
3.5 The Technical Proposal shall not include any financial information. A
Technical Proposal containing financial information may be declared non
responsive.

Financial Proposal
3.6 In preparing the Financial Proposal, Consultants are expected to take into account
the requirements and conditions of the RFP documents. The Financial Proposal
should follow Standard Form (Section 4). It shall include all costs associated
with the Assignment, including remuneration for staff and other incidental
expenses;. The rates to be quoted shall be inclusive of all taxes, duties, cess,
etc. (Excluding Goods and Service Tax). The rates are to be filled in as
percentage (%) of Cost of Civil Work executed by the Civil Works Contractor to
be paid in Indian National Rupees only.
4. SUBMISSION, RECEIPT, AND OPENING OF PROPOSALS
4.1 The original proposal (Technical Proposal and if required Financial Proposal; see
para 1.2) shall be submitted online only. The physical submission of documents
shall not be entertained and returned back unopened.
4.2 An authorized representative of the firm shall initial all pages of the Proposal. The
representative’s authorization is confirmed by a written power of attorney

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accompanying the Proposal. The Original Power of Attorney should be submitted by the
selected consultant at the time of signing the Agreement.

4.3 Deleted.

4.4 The online receipt copy of the Earnest Money Deposit deposited shall be uploaded
in the Envelope A. The scanned copies of all the TECHNICAL PROPOSAL shall be
uploaded in the Technical Envelope: Envelope B. Similarly, the FINANCIAL
PROPOSAL shall be submitted in Envelope C. The Consultant has to submit the
complete submission on or before the time and date stated in the Data Sheet.

4.5 At the time of opening of proposals, the Envelope A shall be opened. If the EMD
found in order, then the Technical Proposal shall be opened. The date and time of
opening the Envelope A and Envelope B is specified in the Data Sheet. The
Financial Proposal shall remain unopened till the technical proposals are evaluated.
Financial offers of the technically qualified firms shall be publicly opened online.

5. PROPOSAL EVALUATION
General
5.1 To assist in the examination, evaluation, and comparison of the Technical and
Financial Proposals, the Client may, at its discretion, ask any Consultant for a
clarification of its Proposal. Any clarification submitted by a Consultant that is not in
response to the request by the Client shall not be considered. The Client’s request for
clarification and the response shall be in writing. No change in the substance of the
Technical Proposal or Financial Proposal shall be sought, offered, or permitted,
except to confirm the correction of arithmetic errors discovered by the Client in the
evaluation. Any effort by the firm to influence the Client in the Client’s proposal
evaluation, proposal comparison or contract award decisions may result in the
rejection of the consultant’s proposal.
5.2 Deleted.

Evaluation of Technical Proposals


5.3 The evaluation committee will evaluate the proposals on the basis of their
responsiveness to the Terms of Reference, applying the evaluation criteria, and point
system specified in the Data Sheet. A proposal shall be rejected at this stage if it
does not respond to important aspects of the Terms of Reference or if it fails to
achieve the minimum technical score indicated in the Data Sheet. Each responsive
proposal will be given a technical score based on the following criteria .
 Consultant’s general experience of consultancy in Building works .
 Consultant's relevant experience in Project Management Consultancy for Building
Works.
 Consultants Average Annual Turnover from consultancy services of works during
the last three years. In support of Turnover from consultancy, the Consultant
has to submit a Turnover certificate of preceding 3 Financial years issued by
the Statutory Auditor.
 The Approach and methodology proposed including Work Plan
 CV's of Key Personnel
5.4 Deleted.
5.4.1 Deleted.
5.5 The date and time of opening of the financial proposal shall be informed online to the
technically qualified firms.
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RFP, PWD, PIU

5.6 Deleted.
5.7 The Financial Proposals shall be opened online and the consultants can witness the same
5.8 DELETED.
5.9 The firm offering lowest Financial Proposal shall be invited for negotiations.

6 NEGOTIATIONS
6.1 Negotiations will be held at the date and address indicated in the Data Sheet.
6.2 Negotiations will include a discussion of the Technical Proposal, the proposed
technical approach and methodology, work plan, and organization and staffing, and
any suggestions made by the Consultant to improve the Terms of Reference. The
Client and the Consultants will finalize the Terms of Reference, staffing schedule,
work schedule, logistics, and reporting. These documents will then be incorporated in
the Contract as “Description of Services”. Special attention will be paid to clearly
defining the inputs and facilities required from the Client to ensure satisfactory
implementation of the assignment. The Client shall prepare minutes of negotiations,
which will be signed by the Client and the Consultant.
6.3 DELETED.
6.4 Having selected the firm on the basis of least cost, the Client expects the submission
of original CVs of the experts designated in the Proposal at the time of contract
negotiation. During contract negotiations, the Client will require assurances that the
experts will be actually available.
6.5 Negotiations will conclude with a review of the draft Contract. To complete
negotiations the Client and the Consultant will initial the agreed Contract. If
negotiations fails, the Client may invite the Consultant to negotiate a Contract whose
Financial Proposal is the second lowest.

7 AWARD OF CONTRACT
7.1 After completion of negotiations with the consultants, the Client shall issue Letter of
Acceptance to the selected Consultant. The Consultant has to sign the agreement
with the client within 28 days of issue of Letter of Acceptance. However, before
signing the agreement, the selected consultant has to submit a Performance
Guarantee as mentioned in the General Conditions of the Contract. If the selected
Consultant fails to submit the Performance Guarantee within the time prescribed
above, the EMD of the selected consultant may be forfeited and the proposal of
selected consultant will be rejected. Once the agreement is signed with the
successful agency the EMD of all agencies shall be refunded.
7.2 The firm is expected to commence the Assignment on the date and at the location as
instructed by the client.

8 CONFIDENTIALITY
8.1 Information relating to evaluation of proposals and recommendations concerning
awards shall not be disclosed to the consultants who submitted the proposals or to
other persons not officially concerned with the process, until the winning firm has
been notified that it has been awarded the contract.

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DATA SHEET
(This Section consists of provisions that are specific to and supplement the information
or requirements included in Section – 2 Instruction to Consultants)

Clause
Description
Reference

1.1 The name of the Client/Employer is : Additional Project Director,


MP PWD, PIU, Jabalpur
1.1 The method of selection is:
Cost Based Selection
1.2 Name of Assignment :
Name of Work Probable Amount of Cost Stipulated Time Period for
of Civil Work Assignment
(in Lacks)
Project Management Consultancy
(SQC) for Supervision and
Quality Control Consultancy
(24 Months)
Services for Works Of Balaghat 84.65
District Under PIU Balaghat including rainy season
,PWD,M.P.

1.2 Last date of sale of document :


1.3 Date, Time & Venue of pre-proposal conference :

Date : …………..
Time : …….. PM
Venue : Office of the Additional Project Director, PWD,PIU, Jabalpur
1.3 Contacting Person :

Divisional Project Engineer, PWD,PIU, Balaghat


1.10 The validity of proposal should be :

120 days after the date of submission.

2.1 Address for submission of clarification :


Additional Project Director, PWD, PIU, Jabalpur

3.1 The language in which the proposals should be submitted :


English

3.1 A The amount of Earnest Money :


Rs. 84650/- (Rupees Eighty Four thousand Six hundred Fifty only)
3.1 A Name & Address to be mentioned on the EMD :
Divisional Project Engineer, PWD,PIU, Balaghat
3.3 (i) Joint Venture is not permitted.

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3.3 (i) The estimated number and minimum experience of professional staff required for
the work is enclosed at Annexure-II

3.6 The rates quoted under the financial proposal shall be inclusive of all statutory
duties, taxes, levies, octroi, cess, etc. but excluding Goods and Service Tax.
Consultants are requested to consult tax consultants for details.
4.4 The proposal submission is to be done online only.
4.4 Last date and time of submission of proposal :
Date : 16-04-2021.2 upto 6:00 PM
4.5 Date and time of opening of Technical Proposal:
Date: 19-04-2021 9:00 AM
5.3 Evaluation Criteria is enclosed at Annexure-I

5.3 Minimum Technical Score required for technical qualification :


A firm to be qualified in the technical evaluation shall have to attain a
minimum technical score of 750 marks (75% of 1000).

6.1 The address for negotiation is:

Office of the Additional Project Director, PWD, PIU Jabalpur (M.P.)

7.2 The assignment is expected to commence immediately after the award of


contract or as directed by the Client at the project site.

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ANNEXURE-I

Evaluation Criteria for Technical Proposal

Sn Description Max.
Marks
I. General Experience of consultancy in Building works. (DPR, 100
PMC and SQC)

II. Consultant's relevant experience in Project Management 200


Consultancy for Building Works.(PMC/SQC)

III. Consultants Average Annual Turnover from consultancy services 200


of works during the last three years.

IV. The Approach and methodology proposed including Work Plan 100

V. CV's of Key Personnel 400


TOTAL 1000

I. General Experience of consultancy in Building works. (DPR, PMC and SQC)–


(Maximum 100 Marks)
Firms Experience in the preparation of Detailed Project Report, Project
Management Consultancy services or Supervision Consultancy for Building works
completed in last 5 years shall only be considered. In support, Experience
certificate issued by the Principal Employer shall only be accepted. The Principal
Employer should be a Government Organisation/ Government Entity. The marking
scheme shall be as follows:

S. No. Assignment Type Marks


1 Detailed Project Report 10 Marks for each unit
2 Project Management/Supervision 20 Marks for each unit
Consultancy
Note:
1. Zero Unit Costing less than 50% of Probable Civil Works cost as indicated in
the data sheet in a single assignment.
2. One unit - Costing 50% or more of Probable Civil Works cost as indicated in
the data sheet in a single assignment.
3. Two Unit - Costing 100% or more of Probable Civil Works cost as indicated
in the data sheet in a single assignment.
4. In no case irrespective the cost of civil works more than 2 units shall be
awarded in a single assignment.
5. The maximum score shall not be more than 100 marks.

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II. Consultant's relevant experience in Project Management Consultancy for Building


Works.(PMC/SQC) (Maximum 200 Marks)
Firms Experience in the preparation of Project Management Consultancy services or
Supervision Consultancy for Building works in last 5 years shall only be considered.
In support, Experience certificate issued by the Principal Employer shall only be
accepted. The Principal Employer should be a Government Organisation/ Government
Entity. The marking scheme shall be as follows:

S. No. Assignment Type Marks


01 Project Management/Supervision 50 marks for each unit
Consultancy
Note:
1. Zero Unit Costing less than 75% of Probable Civil Works cost as indicated in
the data sheet in a single assignment

2. One unit - Costing 75% or more of Probable Civil Works cost as indicated in the
data sheet in a single assignment
3. Two Unit - Costing 150% or more of Probable Civil Works cost as indicated in
the data sheet in a single assignment.
4. In no case irrespective the cost of civil works more than 2 units shall be awarded
in a single assignment.
5. The maximum score shall not be more than 200 marks.

III. Consultants Turnover from consultancy services: (Maximum 200 Marks)

The average of Annual Turnover from consultancy services for the last 3 years of the
consultant should be atleast equivalent to 2% of the Probable Civil Works cost as
indicated in the data sheet. In support of Turnover from consultancy, the Consultant
has to submit a Turnover certificate of preceding 3 Financial years issued by the
Statutory Auditor. The marking scheme shall be as follows:

1. Turnover less than 2% of the Probable Civil Works cost - 0 Marks.


2. Turnover more than 2% and upto 3% of the Probable Civil Works cost - 150 Marks.
3. Turnover more than 3% and upto 4% of the Probable Civil Works cost - 175 Marks.
4. Turnover more than 4% of the Probable Civil Works cost - 200 Marks.

IV. APPROACH AND METHODOLOGY (100 Marks)


A. Understanding of Objectives (20 Marks)
Criteria: General understanding of the project requirements; coverage of
principal components as requested in TOR; and site visit assessment.
B. Quality of Methodology (30 Marks)
Criteria: The degree to which the consultant presented written
methodology/approach addresses the requirements of the TOR.
C. Innovativeness/Comments on Terms of Reference (10 Marks)
Criteria: Suggestions, which could improve the quality of the project.
Factors to consider: Marks will be given for workable suggestions
proposed. No innovativeness will be given zero Marks.

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D. Work Program (20 Marks)


Criteria: A work program showing graphical presentation of activities (bar
chart); an organization chart showing the relationship of the Client, the
Consultant and the Civil Works contractor.
E. Personnel Schedule (20 Marks)
Criteria: Relationship between required person-months and proposed work
program.

V. CV's of Key Personnel (400 Marks)


As per Annexure II.

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Annexure-II
REQUIREMENT AND BROAD QUALIFICATION AND EXPERIENCE
REQUIREMENTS OF PROFESSIONAL STAFF
1. Broad qualifications and experience of the professionals given below are clients'
perception in respect of the specific requirement of the project. Consultants are
advised to prepare the CVs of their proposed personnel specifically highlighting
the qualification and experience in the related area of expertise as per
requirements. The CVs should also highlight higher education, training and
publication of technical papers etc., by the key personnel in the related field as
well as their experience in providing training in the related fields. The CVs of the
proposed personnel should reflect size of the project handled in terms of costs,
duration for which services were provided, type of contract document used etc.
Broadly speaking, qualification and experience higher than the minimum
requirement will be given higher weightage. Maximum age limit for all
professionals and support staff is 60 Years.

01. Key Experts:

S Particulars No. of Minimum Minimum Experience Maxim


No. Perso Qualificatio um
ns n Marks
1. Team Leader/ 01 Bachelors i. Overall Experience : 15 years 200
Resident Degree in ii. 7 years Experience in
Engineer Civil Building Projects
iii. Satisfactory completion of at
least one project of same
nature having More than 75%
of Civil work Cost of this
proposed project in the
Capacity of TL/RE/ARE.
2. Assistant 01 Bachelors i. Overall Experience : 10 years 100
Resident Degree in ii. 5 years Experience in
Engineer (Civil) Civil Building Projects
iii. Satisfactory completion of at
least one project of same
nature having More than 75%
of Civil work Cost of this
proposed project in the
Capacity of ARE/FE.
3. Assistant 01 Bachelors i. Overall Experience : 10 years 100
Resident Degree in ii. 5 years Experience in
Engineer Electrical Building Projects
(Electrical) iii. Satisfactory completion of at
least one project of same
nature having More than 75%
of Civil work Cost of this
proposed project in the
Capacity of ARE/FE.

PWD, PIU, (PMC) Page 16 of 49


RFP, PWD, PIU

Note:
It s desirable that the majority of the professional staff proposed be permanent
employees of the firm or have an extended and stable working relation with it. Each
expert is to be evaluated against the tasks assigned in accordance with following
three main criteria:
(i) General qualification: (20%)
(ii) Total, Relevant Task and Project related experience: (75%)
(iii) Permanent Employment : (5 %) Only if they have worked for the
current Employer on a regular/permanent full-time basis continuously
for the last 12 months.

02. Support Staff


The Consultant has to submit the CVs of the following support staff at the time of
Contract negotiations.

1. Field Engineer 2 Diploma in 5 years


(Civil) Civil (3 years in Building
Projects)
2. Field Engineer 2 Diploma in 5 years
(Electrical) Electrical (3 years in Building
Projects)
3. Lab Technician 1 Diploma in 5 years
Civil/BSc (3 years in the field of
Material Testing)

Note: The number of RE , ARE / FE ( Civil / Electrical ) etc. are indicative and
actual numbers required are to be decided by the Additional Project Director,
PIU. Also if personnel at additional positions like Material Engineer, Quantity
Surveyor , etc. are required , the same may be done by the Additional Project
Director, PIU, based on the size and nature of the assignment.

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RFP, PWD, PIU

SECTION 3. TECHNICAL PROPOSAL STANDARD FORMS

3A Technical Proposal submission form.


3B Firm’s references.
3C Consultants Turnover from Consultancy Services.
3D Comments and suggestions on the Terms of Reference.
3E Description of the methodology and work plan for performing the
assignment.
3F Team composition and task assignments.
3G Format of Curriculum Vitae of proposed professional staff.
3H Activity (work) schedule.

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RFP, PWD, PIU

3A. TECHNICAL PROPOSAL SUBMISSION FORM (on letter head of the firm)

To,

The Additional Project Director,


PWD, PIU, Jabalpur

Subject: Technical proposal for “Project Management Consultancy Services (SQC) for
Supervision and Quality Control Consultancy Services for Works Of Balaghat
District Under PIU Balaghat ,PWD,M.P.”.

Sir/ Madam,
We, the undersigned, offer to provide the consulting services for Project
Management Consultancy Services (SQC) for the Supervision and Quality Control
Consultancy Services for Works Of Balaghat District Under PIU Balaghat
,PWD,M.P. in accordance with your Request for Proposal dated …...................................
(Date)…............... We are hereby submitting our Proposal, which includes Technical
Proposal and a Financial Proposal sealed under a separate envelope.
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 remain,

Yours sincerely,

Authorized Signatory
Name and Title of Signatory:
Name of Firm:
Address:

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RFP, PWD, PIU

3B- FIRM’S REFERENCES

Relevant Services Carried out in the Last Five Years


Which Best Illustrate Qualifications

Using the format below, provide information on each reference assignment for which your
firm/entity, either individually as a corporate entity or as one of the major companies within
an association/JV, was legally contracted.

Assignment Name: Country with location:

Assignment Period : Cost of Project (Construction) in INR:

Name of Principal Employer : Address with Telephone No. & Fax No.:

Actual Start (Date Actual Completion Value of Consultancy Services Received


/Month / Year) (Date/ Month / (In INR):
Year)
No. of Staff Provided by the Firm: No. of Staff Months Provided by the Firm:

Name of Association Firm(s) if any : Address with Telephone No. & Fax No of
the Association Firm.:

No. of Professional Staff No. of Staff Months Provided by the


provided by Associated Firm(s) Associated Firm:

Approx. Value of Services given by the Approx. Value of Services given by the
Consultant (In INR) : Associated Firm (In INR) :

Name of Senior Staff (Project Director / Coordinator, Team Leader, etc.) of the consultant
involved and functions performed:

Narrative Description of Project :

Description of Actual Services Provided by the consultant’s Staff :

Signature of Authorized Representative

(Certificate from Principal Employer regarding experience should be furnished)

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RFP, PWD, PIU

3C. CONSULTANTS ANNUAL TURNOVER

ANNUAL TURNOVER DATA FOR THE PRECEDING 3 FINANCIAL YEARS

Year Amount (in INR)

Average

Note : In support of the Annual Turnover, copy of the Turnover Certificate


duly certified by a Statutory Auditor should be enclosed.

Signature of Authorized Representative

PWD, PIU, (PMC) Page 21 of 49


RFP, PWD, PIU

3D. COMMENTS AND SUGGESTIONS OF CONSULTANTS ON THE TERMS


OF REFERENCE

On the Terms of Reference

CONSULTING FIRM’s NAME:

3E. DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR


PERFORMING THE ASSIGNMENT

PWD, PIU, (PMC) Page 22 of 49


RFP, PWD, PIU

3F. Deleted

3G. FORMAT OF CURRICULUM VITAE (CV)*


FOR PROPOSED PROFESSIONAL STAFF

Proposed Position:

Name of Firm:

Name of Staff;

Professional Qualification:
Date of Birth

Nationality

Years with Current Firm/Entity

Membership in Professional Societies

Detailed Tasks Assigned -

Key Qualifications:

(Give an outline of staff member’s experience and training most pertinent to tasks an
assignment. Describe degree of responsibility held by staff member on relevant previous
assignments and give dates and locations. Use about half a page).

Education

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


names of schools, dates attended ,proof of degrees obtained and documentary evidence of
age proof)
Employment Record

(Starting with present position, list in reverse order every employment held). List all
positions held by staff member since graduation, giving dates, names of employing
orgnizations, titles of positions held, source of funding (World Bank, ADB, JBIC, UN etc.)
for the projects handled, types of activities performed and client reference, where
appropriate.)

Languages :

(For each language indicate proficiency – excellent, good fair or poor, in speaking reading
and writing)

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RFP, PWD, PIU

SUMMARY OF THE CV

(Furnish a summary of the above CV. The information in the summary shall be precise
and accurate. The information in the summary will have bearing on the evaluation of
the CV).

A) Education:
i) Field of Diploma/Graduation and year
ii) Field of Graduation/Post graduation and year
iii) Any other specific qualification

B) Experience
Total experience in Building Project: Yrs
Responsibilities held :

Period
S. No. Position Held Assignment period
From To

Undertaking :

I, the undersigned certify that to the best of my knowledge and belief, these data correctly
describe me, my qualifications, and my experience. Further I certify that I am available for
the assignment and shall be willing to work for the client for the entire duration of the
position. I have also not left any ongoing project of the client with out its approval and
have not been debarred by the client in past.

Date (Day/Month/Year) :_

Signature of staff member Signature of Authorized representative


of the Firm

Full name of staff member Full name of authorized representative

Note:- CVs should be originally signed in blue ink on each page by both the proposed
professional staff and the authorized representative of the firm along with the
proof of age and qualification. Key information should include number of years
working for the firm/entity, and degree of responsibility held in various
assignments. Photocopy or unsigned CV shall not be considered.

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RFP, PWD, PIU

3H. ACTIVITY (WORK) SCHEDULE

Reports (for each Work Frequency


contract package)
1. Monthly Progress report Every month
By 10th of following Month (3 copies)
2. Quarterly Progress Report Every Quarter
By 10th day of April, July, October and January
(3 copies)
3. Supervision Manual At commencement time (3 copies)
4. Completion report On completion of construction (3 copies)
5. Final Completion Report & CD Once
On completion of Defect Liability Period(3 copies)

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RFP, PWD, PIU

SECTION 4. FINANCIAL PROPOSAL STANDARD FORM


(On letter head of the firm)

(Location, Date)

To,

Additional Project Director


PWD, PIU , Jabalpur

Subject: Financial Proposal for “Project Management Consultancy


Services (SQC) for Supervision and Quality Control
Consultancy Services for Works Of Balaghat District Under PIU
Balaghat ,PWD,M.P.”.
Sir/Madam,
We, the undersigned offer to provide the services for Project Management
Consultancy for Supervision and Quality Control Consultancy Services for Works
Of Balaghat District Under PIU Balaghat ,PWD,M.P. in accordance with your
Request for Proposal dated ….(Date)….. and our proposal (technical & financial).

Our Total financial quote for this job is as under:

Particular Percentage (%)


Total Cost for Project Management
Consultancy Services including all Percentage quoted online.
taxes, duties, cess, etc. but
excluding Goods and Service Tax

Our financial proposal shall be binding upon us subject to the modifications


resulting from contract negotiations, up to 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”. No commission or gratuity of any kind
is included in the proposal as it is not allowed.
We understand that you are not bound to accept any Proposal you receive.

Yours sincerely,

Signature Authorized Person


Name and Title of Signatory:
Name & address of Firm:

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Request for Proposal SQC

SECTION 5, TERMS OF REFERENCE (TOR)

1. Location and Description of the Project.

(The complete details of the project alongwith the location describing the broad
facilities to be provided should be mentioned.)

2. Broad Scope of Services

i. Site Management and supervision of work at site and quality control


by engaging qualified and experienced site personnel.
ii. Taking joint measurement of works completed and certification of
Bills for payment by Employer.
iii. Progress monitoring, reporting and preparing / advising action plan
for expediting the work.
iv. Advising on safety measures.
v. Preparation of time lines and programme for project implementation.
vi. Liaising with Government and local bodies.
vii. Providing all assistance for statutory approvals.

3. SCOPE OF WORK:
The scope of consultancy services for each includes, but shall not be limited to
following activities.

1. The Consultant shall function as Project Management Consultant as the


‘Engineer’ which involves Project Management in terms of Detailed Planning,
Monitoring, Coordination with other department/agencies, Supervision of
Work, Contract Management, Quality Assurance, Timely Engineering decision
and approval thereof from Employer, Recording of Measurement/Bills,
Assisting in arbitration & litigation cases and all other necessary steps/decision
required for timely completion of Project.

4. QUALITY CONTROL
1. To finalise construction related procedures such as Technical
Specifications, Construction Practices and Quality Assurance.
2. To prepare, submit and implement a system of Quality Assurance of
works; ensure quality of materials and sources of materials; formulate
and implement sampling and testing procedure and Quality Control
measures to ensure required standards and consistency in quality.
3. Supervise & approve the setting up of laboratory (including calibration
of equipment’s) and field tests carried out by the Contractor. Consultant
should also undertake at least 100% of the total test by himself.
4. Undertake special tests of materials and/or completed works, undertake
removal and substitution of improper materials and /or works as
required.

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Request for Proposal SQC

5. To issue orders for Stoppages of part of work or removal of any


unapproved / rejected work or materials and also covering work which
has not been inspected for acceptance or rejected as unacceptable from
site forthwith, recording reasons for rejection etc.
6. To advise Employer on progress and quality of the works being
executed by the contractor on Monthly basis in the form of Monthly
Progress Report, to the satisfaction of Employer.
7. Inspect and approve the materials at site as per specifications before they
are used in work.
8. Inspect the execution and performance of the work with regards to
workmanship compliance with specifications and all other testing
required for acceptance any item of Work.

5. CONSTRUCTION SUPERVISION
1. To supervise and monitor that the construction works are in accordance
with the approved technical specifications, Environmental provisions
and other stipulation of contract documents. The construction methods
proposed are in compliance with the stipulations particularly, in relation
to construction equipment and other resource deployment.
2. To scrutinize and certify whenever required, contractor’s materials
reconciliation statements prepared by contractor.
3. To supervise all site work, to approve the actions taken by the contractor
and works executed by the contractor. Employer shall take suitable
action on the suggestions deemed fit/all deviations, in terms of, as
pointed out by the Consultant.
4. A detailed list of pending defects to be carried out by the Contractor will
be handed over to Employer before withdrawal of manpower by the
Consultant, in case of fore closure of the Consultant/contract agreement.
5. Whenever final measurements are to be made, the Consultants Team
Leader will inform the contractor and Employer 7 days in advance, the
Employer may authorize his representative who will be empowered to
participate and check, if so wishes, in any measurements.
6. Getting the rectification of defects (if any) in the works carried out
through the respective contractor till payment of Final Bill.
7. Defect Labiality Period is 1 year after the completion.
8. During the Defect Liability Period, the Principal Architect cum Team
Leader, Structural Engineer of Consultant has to inspect the Building
quarterly and submit the report along with the remedial measures.
Consultant will ensure for rectification of the defects by the Contractor
during the defect liability period and issue Defect Liability Certificate.
9. Shall be responsible for obtaining good workmanship with respect to
lines, levels, plumb, finish, etc. Shall check all centerlines, dimensions,
levels and plumb at all stages of work with reference to working
drawings and shall ensure correct dimensions of all elements.
10. Inspection and certification of equipment at manufacturer’s works for
HVAC, Electrical, Communication, Fire fighting systems or any other
equipment will be planned in coordination with the officer designated by
the Employer who may depute his representative for the inspection

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Request for Proposal SQC

6 PROJECT MANAGEMENT
1. To approve construction schedule, method statements material sources,
manpower/machinery deployment plans submitted contractor and review
the same periodically as per PERT.
2. CONSULTANT shall provide manpower at site timely and only
experienced persons will be provided at site.
3. Review and approve contractors proposed personal for positions
nominated in contract.
4. Approve/suggest modification in contractors work programme, method
statement and material sources etc.
5. To prepare manual for maintenance and operation of the facilities during
and after execution of the project submitted by the contractor.
6. To issue working drawings prepared by the design consultant timely at
site and make requisition for new/supplementary drawings, which are
not provided.
7. Check contractor setting out for conformance with the good for
construction/working drawing.
To work out the savings on material and ensure that this benefit/tax
concession passes on to the Employer.
To maintain necessary record like measurement book including taking
all measurement as per PWD system.
9. Prepare variations calculated by appropriate rate analysis for non-priced
works, using prevailing schedule of Rates as far as possible. The
variations proposed to Employer for approval shall have proper
reasoning justifying its necessity along with expected financial
implication on the project.
10. Identify Construction delays and recommend to the contractor the
remedial measure to expedite the progress under intimation to
EMPLOYER.
11. To monitor project for compliance to the plans and designs as detailed in
the estimates, for timely completion and within the Cost Estimates.
12. To monitor and check the day to day work/activities and certify for
payment when the quality of the works is satisfactory and the quantities
are correct
13. To take measurements required for the purpose of Bill Payments and
carry out all calculation in a manner that Interim Payment Certificate is
submitted to the Employer on monthly basis. The IPC shall reach the
Employer for payment by First week of every month.
14. Consultant has to take prior approval of Employer in issuing / approving
variation in quantity exceeds 10% variation of individual items or
aggregate variation exceeds 5% of the contract value. Employer’s
approval should also be obtained for issuing / approving /sanction of
additional cost, sums or cost and variation of rate and prices.
15. To maintain a site order book issued by Employer in duplicate at site for
the issuance of time to time instructions and compliance reports which
shall be the property of Employer and shall be duly certified by the
Consultant. A copy of site order book should accompany the IPC along
with the copy of the test reports relevant to IPC.
16. Maintain record such as good for construction /working /as built
drawing, test data, details of variation, correspondence and diaries in
PWD, PIU (PMC) Page 29 of 49
Request for Proposal SQC

format approved / specified by Employer. They should also keep


measurement record including measurement books issued by the
Employer.
17. Update cost estimates till completion (25%, 50%, 75% and 100%) of the
project period and submit variation statements as and when required.
18. To certify and re commend extension to be given to the contractor for
delay in contract for reasons not attributable to the contractor, or else.
After approval from the Employer, the Consultant shall issue necessary
orders for time extension.
19. To issue on behalf of Employer, notes, damages, claims, claims of
interest, penalty etc. wherever applicable to the contractor for Contract
Administration.
20. Any other activity as per provision of the Agreement.
21. Analyze, any claims submitted by contractor, and prepare report based
on contractual documents addressing technical & financial issues, and
propose recommendations. Also prepare reply on behalf of Employer.
22. To mediate and assist in resolving disputes between EMPLOYER and
contractor during constructions and also after completion.
23. Assisting in Arbitration and Litigation cases with contractors/suppliers
including preparation of replies etc.
24. Submit all relevant details including replies and assist the Employer with
respect to arbitration, litigation etc., and to mediate in resolving disputes
between Employer, Consultant & Contractor.
25. Assist in replying audit queries and also suggest interpretations of
technical specifications and other contract documents.
26. Shall preserve field books and measurement books supplied by
Employer in safe custody and shall return the same to Employer after
completion of project or as advised by Employer.
27. Shall ensure safety of structure by taking all necessary precautions and
by not allowing excessive construction loads such as dumping of
excessive materials, overcrowding on floors and shall avoid such other
factors which will endanger the safety of structure during construction.
28. Shall ensure that safety of personnel working at site/ inspecting the site
by taking precautions by putting barricades, night lamps, near trenches,
pits, open shafts, lift shafts, edge of floors, terraces and such other
places and to insist on compliance of safety code such as use of helmets,
etc, on work site.
29. The CONSULTANT shall see that advance action is taken by the
builder to make suitable provisions for inserts during construction of
civil works for various services like electricity, air conditioning, water
supply, sewage system ventilation etc.
30. Shall ensure that work proceeds smoothly and not hampered for want of
decisions/ drawings/ clarifications.
31. A detailed Contract Completion/ Final Report in 6 copies are to be
submitted to the Employer. The Consultant will prepare a
comprehensive final completion report of the construction contract
package after completion of the work. The report shall incorporate
summary of the method of construction, the construction supervision
performed, as built construction drawings, problems encountered and
solutions undertaken thereon and recommendations for future projects of
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Request for Proposal SQC

similar nature to be undertaken by the Employer. The Consultant shall


submit the self appraisal report within the prescribed time summarizing
the following details:
a. Details of Personnel including substitution made during the
assignment.
b. Details of variation orders issued.
c. Details of extension of time granted to the Contractor.
d. Details of Quality Assurance System.
e. Quality observed at site by the Consultant.
f. Details of claims.
g. Special preventive measures for maintenance suggested by the
Consultant.

A Quality Assurance Manual in 7 copies, detailing all QA/QC


procedures, to be submitted within 30 days of commencement of
services.
A Maintenance Manual, detailing routine and periodic maintenance
tasks that will be required to maintain the completed Project.
32. Certify completion of part or all of the work and submit it to Employer.
33. Obtain completion plans and “As Build” Drawings with all certificates
of the Completion from Contractor and approve them.
34. If the Consultant desires an extension of time for the completion of the
work on the grounds of CONSULTANT having been unavoidably
hindered in its execution or any other ground, CONSULTANT shall
apply in writing to the officer designated by the Employer within 7
days of the date of the hindrance on account of which CONSULTANT
desires such extensions as aforesaid and the Officer designated by the
Employer shall, if in his opinion reasonable (Which shall be final) there
after authorize such extension of time, if any, as may in his opinion be
necessary or proper.

7. GENERAL
1. To approve specifications of Materials required for the Project and to
conduct Market Survey and carry out Rate Analysis to arrive at Fixed
Rates (Floor Price) of any specific Materials required for the Project not
covered in BOQ.
2. Shall attend periodic site meetings/ meetings in Employer office and
discuss site conditions bottlenecks faced likely hindrances, time
overruns, cost overruns and any other important matter along with
solutions proposed. CONSULTANT will be required to submit periodic
reports concerning quality standard and progress of the project and also
prepare Minutes of Meeting and submit immediately.
3. Shall ensure that contractors have complied with registration under
Contract Labour (Regulation and Abolition) Act and abide by laws
pertaining to labour including payment as per Minimum Wages Act
(Consultant should ensure a submit a certificate to EMPLOYER with
each IPC that payment to laborers has been done in compliance with
Minimum Wages Act) and any other Act or enactment relating thereto
and rules framed there under from time to time. The CONSULTANT
shall ensure compliance by the contractors of all labour laws and
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Request for Proposal SQC

relevant Statutory Acts including Labour License, Minimum Wages Act,


etc. and also monitor the status of contractor compliance with HIV,
AIDS/Child Labour, Labour Laws and equal payment to equal work
provision in Civil Contract.
4. Shall ensure that contractors have taken requisite “All Risk Insurance
Policies” to cover workman under Workman Compensation Act, loss/
damage caused by natural calamities/ accident/ accidental collapse of
partially completed work, materials and plant at site and for third party
claims for injury/ damages. CONSULTANT shall ensure that all such
policies remain in force throughout the execution of project.
5. Shall take custody of objects of value and antiquity found on site during
excavation or otherwise and hand over to Employer official.
6. The Employer undertakes no responsibility in respect of any life, health,
accident, travel and any other insurance for the personnel deployed by
CONSULTANT.
7. The CONSULTANT shall be responsible for any damage or loss on
account of neglect of professional duty or conduct on the part of such
staff or Engineers or others. To this effect, the CONSULTANT shall
indemnify Employer.
8. The Employer shall not be liable for any injury/ death, caused to any
official, employee, representative or agent of the CONSULTANT or
their Consultants working at the site or damage to their properties for
any reason whatsoever and Employer shall not entertain any claim from
any person on that behalf. It would be the responsibility of the
CONSULTANT to get their officials, employees, representatives, agents
or their Consultants insured against the possible risks involved in the
discharge of their duties at the work site.
9. CONSULTANT shall make their own arrangements facilities in the
site office for their staff like furniture, telephone/ fan, Computer, e-
mail facility, Fax etc. The CONSULTANT at their cost will install PCs
with requisite software's for Project Management on site. Electricity
for lights, Fan, PC etc. for the site office will have to be arranged by
CONSULTANT.
10. The CONSULTANT shall not have any objection to Employer
maintaining any Engineering staff at its own cost at the site of work to
carry out work and duties allotted to them by Employer, in respect of all
the work at site or other areas outside the scope of CONSULTANT
works for overall surveillance, security and verifications.
11. Except with the prior written consent by the Employer, the
CONSULTANT and their representatives shall not any time
communicate to any person or entity any confidential information
disclosed to them for the purpose of the services. The CONSULTANT
shall not publicize any information pertaining to Employer which is
discussed with them during course of execution of work in the interest of
project completion.
8. TIMING OF SERVICES
It is anticipated that the consulting services defined under this TOR will
commence from the start of the civil works by the civil works contractor
including the defect liability period ( ............................. ). The actual

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Request for Proposal SQC

commencement date will be confirmed during negotiations and will be


dependent upon progress towards award of contract with the Contractor(s) for
construction of the Project.
.
9. Staffing
Consultants are required to deploy atleast following personnel:

S. No. Particulars
1 Team Leader/ Resident Engineer - (1 No.)
2 Assistant Resident Engineer (Civil) - (1 No.)
3 Assistant Resident Engineer (Electrical) - (1 No.)
4 Field Engineer (Civil) - (2 Nos.)
5 Field Engineer (Electrical) - (2 No.)
6 Lab Technician - (1 No.)
7 Any other support staff required for timely and successful
completion of the project.
Note: The number of RE , ARE / FE ( Civil / Electrical ) etc. are indicative and
actual numbers required are to be decided by the Additional Project
Director, PIU. Also if personnel at additional positions like Material
Engineer , Quantity Surveyor , etc. are required , the same may be done
by the Additional Project Director, PIU, based on the size and nature of
the assignment.

10. After award of the contract the Employer expects all the proposed key personnel
to be available during implementation of the contract as per the agreed staffing
schedule. The Employer will not consider substitutions during contract
implementation except under compelling circumstances (such as death and/or
extreme nature of ailment for which Medical Certificate shall be produced from
Hospital/Nursing Home). In case of such replacements, the Consultant will
ensure that there is a reasonable overlap between the staff to be replaced and
replacement wherever feasible/possible.

11. DEFICIENCY OF SERVICES:


Deficiencies in the services on part of supervision Consultants may attract penal
provisions in the form of fines, up to a maximum amount of 10% of contract
price and/or debarment etc. by the client. Sample deficiencies include but are
not limited to the following:
 Not acting impartially or acting in collusion with contractor in award of
variation, fixation of new rates, etc.
 Not keeping proper records regarding quality control, inspection,
rejection/ rectification of work, etc.
 Failure to give proper and timely advice to client/contractor to enable
correction during execution.
 Delay in / withholding approvals, etc.
 Refusing to give reasons for decisions when called for by the client.
 Not being fully conversant with manuals, specifications, standards,
client's/ Ministry's guidelines and requirement of the project to be
followed during construction.

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Request for Proposal SQC

 Certifying substandard work for payment.


 Not exercising required scrutiny/non approval of temporary
stretch/works.
 Lack of proper coordination with contractors and Project Manager/
client's representative to ensure smooth implementation of projects.
 Permitting subletting of any part/ major works without authorisation.
 Delay in mobilisation of required staff at any stage of the contract.
 Indulging in corrupt, fraudulent, coercive or collusive practices.
12. SUPPORT FROM EMPLOYER
1. The Employer shall provide assistance to the Consultant wherever deemed
necessary, in the form of issuing letters to concerned.

13. CONSULTANTS PROPOSAL SUBMISSION


The Consultants are advised to understand fully the specific
requirements of the Construction Management Services for the work.
The Consultants are also advised to inspect the concerned project site
and acquaint themselves with the ground realities also verify the
drawing and design available.
The Consultant submission should be focused to the project
requirements as per the TOR details. The methodology to be submitted
should address to the project site requirements. All specific issues for
which references have been made in the various paras of this TOR
should be addressed effectively. General nature descriptions should be
avoided.

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Section : 6, DRAFT FORM OF CONTRACT

CONTRACT FOR CONSULTANT’S SERVICES

Between

(Name of Client)

And

(Name of Consultant)

Dated:...................................

# This is a draft Contract for Consultancy Services. In case of any ambiguity, the
provisions of TOR / RFP will prevail while framing the Contract Agreement.

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1. FORM OF CONTRACT

This CONTRACT (hereinafter called the “Contract”) is made the day of


the
Month of ,202 , between, on the one hand _(hereinafter
Called the “Client) and, on the other hand, (hereinafter called the
“Consultants”).
[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 Project Management
Consultancy 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
professional skills, personnel and technical resources, have agreed to
provide the Services on the terms and conditions set forth in this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral
part of this Contract:
(a) Letter of acceptance (LoA);
(b) Addendum/Corrigendum;
(c) RFP Document;
(d) Technical Submissions.
(e) Financial Submissions.
(f) Copy of Performance Bank Guarantee.
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

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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.

Authorized Signatory Authorized Signatory


For and on behalf of the For and on behalf of
Additional Project Director, PWD PIU) M/s ……………………………….
JABALPUR

(……………………)
Authorized Signatory
(………………………….)
Divisional Project Engineer, PIU
BALAGHAT
Witness

1. Signature 2. Signature

Name Name

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SECTION 7 : GENERAL CONDITIONS OF CONTRACT

ARTICLE - 1: DEFINITIONS & INTERPRETATIONS

In this Document, as hereunder defined, the following terms and expressions


shall have the meaning hereby assigned to them except where the context otherwise
requires:

1.1 "AGREEMENT" means the 'Agreement' concluded on 'non-judicial stamp


paper' of 'Madhya Pradesh State', between 'EMPLOYER' and the 'Consultant'
for services as per this RFP Document.
1.2 Employer means the Additional Project Director, PWD, PIU…………………of
the concerned Zone.
1.3 "EMPLOYER’S REPRESENTATIVE" means the person appointed or authorized from
time to time by Addl. Project Director, PWD, PIU..........
for execution of the Contract.
1.4 "CONSULTANT'S REPRESENTATIVE" means the person appointed from time to
time by CONSULTANT for execution of the Contract.
1.5 "ENGINEER-IN-CHARGE"/"EXECUTIVE-IN-CHARGE" shall mean
the person designated from time to time by EMPLOYER and shall include
those who are expressly authorized by him to act for and on his behalf for
operation of the Contract.
1.6 "SIGN-OFF" means a recorded statement for completion of a milestone /
major activity by Consultant as envisaged in this document and accepted by
EMPLOYER.
1.7 "CONTRACT" shall mean the "Agreement" and all attached exhibits and
documents referred to therein and all terms and conditions thereof, together
with any subsequent modifications thereto.
1.8 "SERVICES" mean the duties to be performed and the services to be
rendered by the Consultant according to the terms and conditions of the
Contract.
1.9 "HEADINGS" the headings appearing herein are for convenience only
and shall not be taken in consideration in the interpretation or
construction of the Contract.
1.10 "SINGULAR & PLURAL WORDS" importing the 'singular' only also
include the 'plural' and vice-versa, wherever the context so requires.

2. ARTICLE - 2: PERFORMANCE OF DUTIES & SERVICES BY


CONSULTANT
2.1 Consultant shall perform its services in full accordance with the terms and
conditions of the Contract and any applicable local laws and regulations, and
shall exercise all reasonable professional skills, care and diligence in
discharge of said work. Consultant shall in all professional matters act as a
faithful advisor to EMPLOYER, and will provide all the expert commercial
/ technical advice and skills which are normally required for the class of
services for which it is engaged. Consultant, its staffs, employees shall carry
out all its responsibilities in accordance with the best professional standards.
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Consultant shall prepare and submit the documents / reports, etc. in due time
and in accordance with the Tender conditions.

2.2 Consultant will maintain for the performance of the Contract, personnel as
determined to be responsible for carrying out this job and such persons shall
not be replaced or substituted without written approval of EMPLOYER.

3 ARTICLE - 3: EMPLOYER 'S REPRESENTATIVE


3.1 EMPLOYER shall nominate its representative(s) who shall be entitled to act
on behalf of EMPLOYER with respect to any decision it is empowered to
make. The bill / invoice of Consultant will be certified for payment by such
representatives.

4 ARTICLE - 4: CONSULTANT'S REPRESENTATIVE


4.1 Consultant shall nominate a qualified and experienced person as its
representative who will be the contact person between EMPLOYER and
Consultant for the performance of the Contract. This nomination shall be done
within ‘ten [10] days' after the coming into force of the Contract. Consultant
shall notify EMPLOYER in writing prior to the appointment of a new
representative. Consultant's representative may be replaced only with
Employer's consent after getting approved his CV's from EMPLOYER.
EMPLOYER shall be at liberty to object to any nomination and to require the
Consultant to remove any Consultant’s representative for good causes.
Consultant shall replace immediately such person by a competent substitute at
no extra cost to EMPLOYER.
4.2 Consultant's representative shall be entitled to act on behalf of the Consultant
with respect to any decisions to be made under the Contract.

5 ARTICLE - 5: PAYMENT TERMS


5.1 EMPLOYER shall pay for the services rendered as per stipulation in the
Tender through cheque/RTGS. All bank-charges of the Consultant's Bankers
shall be to Consultant's account.
5.2 Consultant will invoice EMPLOYER according to the terms and conditions
provided in the Tender.
5.3 Payment terms shall be as detailed in "Special Conditions of the Contract".
5.4 In case of disputes concerning Invoice(s), EMPLOYER shall return said
invoice(s) to the Consultant within 'fifteen [15] days' from its/their receipt
specifying, in writing, the reasons for its / their rejection.
(i) EMPLOYER shall pay the undisputed amount of the invoice(s)
according to Article-5.3 hereof.
(ii) The disputed amount, if any, shall be paid after mutual settlement
between EMPLOYER and Consultant.
(iii) Total or partial rejection of the invoice(s) shall not release the
Consultant from any of its obligations under the Contract.
6 ARTICLE - 6: PERFORMANCE GUARANTEE:
Consultant shall be required to submit acceptable Bank Guarantee for an
amount equal to 5 % (five percent) of the consultancy cost towards Performance

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Security before signing the agreement. The validity of the Bank Guarantee (s)
shall cover entire duration of consultancy period. The format of the Bank
Guarantee (s) shall be got approved by the consultant from Employer. The
Bank Guarantee (s) shall be released after satisfactory completion of the
assignment and defect liability period.
7 ARTICLE - 7: CONFIDENTIALITY:
7.1 Consultant/EMPLOYER shall treat all matters in connection with the
Contract as strictly confidential and undertakes not to disclose, in any way,
information, documents, technical data, experience and know-how given to
him by EMPLOYER / Consultant without the prior written consent of the later.
7.2 Consultant further undertakes to limit the access to confidential information
to those of its employees, implementation-partners who reasonably require
the same for the proper performance of the Contract provided however that
Consultant shall ensure that each of them has been informed of the
confidential nature of the confidentiality and non-disclosure provided for
hereof.
8. ARTICLE - 8: TAXES & DUTIES
8.1 Consultant shall pay any and all taxes, duties, levies, etc. which are payable in
relation to the performance of the Contract. The quoted price shall be inclusive
of all such taxes and duties [except Goods and Service Tax]. Goods and Service
Tax shall be reimbursed as per actual.
8.2 No variation in taxes and duties except GST shall be payable.
8.3 Employer shall deduct 'Income Tax' at source at applicable rates.

8.4 Deleted.

9. ARTICLE - 9: RESOLUTION OF DISPUTES/ARBITRATION


9.1 No dispute can be raised except before the Additional Project Director, PWD,
PIU in writing giving full description and grounds of dispute. It is clarified that
merely recording protest while accepting payment shall not be taken as raising
a dispute.
9.2 No dispute can be raised after 45 days of its first occurrence. Any dispute raised
after expiry of 45 days of its first occurrence shall not be entertained and the
Employer shall not be liable for claims arising out of such dispute.
9.3 The Competent Authority shall decide the matter within 45 days.
9.4 Appeal against the order of the Competent Authority can be preferred within 30
days to the Project Director, PWD, PIU. The Appellate Authority shall decide
the dispute within 45 days.
9.5 Appeal against the order of the Appellate Authority can be preferred before the
Madhya Pradesh Arbitration Tribunal constituted under Madhya Pradesh
Madhyastham Adhikaran Adhiniyam, 1983.
9.6 The Consultant shall have to continue its services with due diligence
notwithstanding pendency of a dispute before any authority or forum.

10. ARTICLE - 10: LEGAL CONSTRUCTION


10.1 Subject to the provisions of this Article, the Contract shall be, in all respects,
constructed and operated as an Indian Contract and in accordance with Indian
Laws as in force for the time being and is subject to and referred
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to the Court of Law situated at Bhopal (M.P.), India.


11. ARTICLE - 11: SUSPENSION OF THE PERFORMANCE OF DUTIES
AND SERVICES
11.1 EMPLOYER may suspend, in whole or in part, the performance of services
of Consultant any time upon giving not less than a fifteen [15] days' notice.
11.2 Upon notice of suspension, Consultant shall suspend immediately the
services.
11.3 Upon suspension of the performance of services, Consultant shall be entitled
to reimbursement of the costs related to services performed and not paid.
11.4 By fifteen [15] days' prior notice, EMPLOYER may request Consultant to
resume the performance of the services, without any additional cost to
EMPLOYER.
11.5 If the suspension of the duties and services exceeds 'six [06] months', either
party shall be entitled to terminate Contract according to Article-16,
hereafter.

12. Deleted

13. ARTICLE - 13: ASSIGNMENT


13.1 Consultant shall not have the right to assign or transfer the benefit and
obligations of the Contract or any part thereof to a third party without the
prior expressed approval in writing of EMPLOYER, which it shall do at its
discretion. However, in event of that, all legal / contractual obligations shall
be binding on Consultant only.

14. ARTICLE - 14: INDUSTRIAL & INTELLECTUAL PROPERTY


14.1 In order to perform the services, Consultant must obtain at its sole
account, the necessary assignments, permits and authorizations from the
titleholder of the corresponding patents, models, trademarks, names or other
protected rights and shall keep EMPLOYER harmless and indemnified from
and against claims, proceedings, damages, costs and expenses [including but
not limited to legal costs] for and/or on account of infringements of said
patents, models, trademarks, names or other protected rights.
14.2 All documents, report, information, data, etc. collected and prepared by
Consultant in connection with the scope of work submitted to EMPLOYER,
will be the property of EMPLOYER
14.3 Consultant shall not be entitled either directly or indirectly to make use of the
documents, reports given by EMPLOYER for carrying out of any services
with any third party.
14.4 Consultant shall not, without the prior written consent of EMPLOYER, be
entitled to publish studies or descriptive article with or without illustrations or
data in respect of or in connection with the performance of services.
15. ARTICLE - 15: LIABILITIES
15.1 Without prejudice to any express provision in the Contract, Consultant shall
be solely responsible for any delay, lack of performance, breach of agreement
and/or any default under this Contract.
15.2 Consultant shall remain liable for any damages due to its gross negligence
within the next 'twelve [12] months' after the issuance of the provisional

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acceptance certificate of the Contract.


15.3 The amount of liability will be limited to 10% of the Contract value.

16. ARTICLE - 16: TERMINATION OF CONTRACT


16.1 Termination for Default:
EMPLOYER reserves its right to terminate / short close the Contract, without
prejudice to any other remedy for breach of Contract, by giving one [01]
month's notice if Consultant fails to perform any obligation(s) under the
Contract, and if Consultant, does not cure his failure within a period of 'thirty
[30] days' [or such longer period as EMPLOYER may authorise in writing]
after receipt of the default notice from EMPLOYER.
16.2 Termination for Insolvency:
EMPLOYER may at any time terminate the Contract by giving written
notice without compensation to Consultant, if Consultant becomes bankrupt
or otherwise insolvent, provided that such termination will not prejudice or
affect any right of action or remedy which has accrued or will accrue thereafter
to EMPLOYER.

16.3. Termination for Convenience:


EMPLOYER may by written notice sent to Consultant, terminate the
Contract, in whole or part, at any time for its convenience. However, the
payment shall be released to the extent to which performance of work executed
as determined by EMPLOYER till the date upon which such termination
becomes effective.

17. ARTICLE - 17: MODIFICATION


17.1 Any modification of or addition to the Contract shall not be binding unless
made in writing and agreed by both the parties

18. ARTICLE - 18: CONTRACT AGREEMENT


18.1 The notification of award alongwith 'Agreement' on non-judicial stamp paper
[of Madhya Pradesh State, only] of appropriate value as per proforma, within
'Twenty eight [28] days' from the date of receipt of "LOA", the cost of stamp-
paper is to be borne by Consultant, and its enclosures shall constitute the
Contract between the parties and supersedes all other prior agreements,
arrangements and communications, whether oral or written, between the
parties relating to the subject matter hereof.

19. ARTICLE - 19: FORCE MAJEURE :Shall mean and be limited to the
following:
(a) War / hostilities
(b) Riots or Civil commotion
(c) Earthquake, flood, tempest, lightening or other natural physical disasters
(d) Restrictions imposed by the Government or other statutory bodies,
which prevents or delays the execution of the Contract by Consultant
19.1 Consultant shall advise EMPLOYER by a registered letter, duly certified by the
local Chamber of Commerce or statutory authorities, the beginning and end of
the above causes of delay within 'seven [07] days' of the occurrence and
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cessation of such Force Majeure conditions. In the event of delay lasting over
'one [01] month', if arising out of causes of Force Majeure, EMPLOYER
reserves the right to cancel the Contract and the provisions governing
termination stated under Article-16 shall apply.
19.2 For delays arising out of Force Majeure, Consultant shall not claim extension
in completion date for a period exceeding the period of delay attributable to the
causes of Force Majeure and neither EMPLOYER nor Consultant shall be
liable to pay extra costs provided it is mutually established that Force Majeure
conditions did actually exist.
19.3 Consultant shall categorically specify the extent of Force Majeure conditions
prevalent in their works at the time of submitting their Bid and whether the
same have been taken into consideration or not in their quotations. In the event
of any force majeure cause, Consultant or the EMPLOYER shall not be liable
for delays in performing their obligations under this order and the completion
dates will be extended to Consultant without being subject to price reduction
for delayed completion, as stated elsewhere.
20 ARTICLE - 20: RECTIFICATION PERIOD
20.1 All services shall be rendered strictly in accordance with the terms and
conditions stated in the Contract. No deviation from such conditions shall be
made without EMPLOYER's agreement in writing which must be obtained
before any work against the order is commenced. All services rendered by
Consultant pursuant to the Contract are guaranteed to be of the best quality of
their respective kinds. Consultant shall rectify at his own cost any mistake in
assumption of any data in the study or use of wrong data or faulty study
observed within 'twelve [12] months' of the acceptance of his report and will
submit the rectified report incorporating the changes wherever applicable
within 'thirty [30] days' of observance of mistake.
21 ARTICLE - 21: SUB-CONTRACT
21.1 Any sub-Contract to be made by the Consultant relating to the services shall be
made only to such extent and with such duly qualified specialists and entities as
shall be approved in writing in advance by EMPLOYER. Upon the request of
EMPLOYER, the consultant shall submit for EMPLOYER's prior approval,
the terms of reference or any amendment thereof for such sub-
Consultant's services. Notwithstanding such approval, the Consultant shall
remain fully responsible or the performance of services under the Contract.
22 ARTICLE - 22: NOTICES
22.1 Any notice given by one party to the other pursuant to the Contract shall be sent
in writing or by telegram or fax, email, telex/ cable confirmed in writing.
22.2 A notice shall be effective when delivered or on the notice's effective date,
whichever is later.
23 ARTICLE - 23: ACQUISITION OF DATA
23.1 If required, Consultant shall be responsible for carrying out any surveys and
acquisition of all data from necessary sources. EMPLOYER, if requested in
writing by Consultant, may assist the consultant in the said acquisition by
way of issue of recommendatory letters only. All requisite clearances,
coordination, fees, charges, etc. & compliance to the local laws required for
completion of the job shall be the responsibility of the Consultant.

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SECTION : 8 - SPECIAL CONDITIONS OF CONTRACT


1.0 GENERAL INFORMATION
The "Scope of Work and Special Conditions of Contract [SCC]" shall be read in
conjunction with the "General Conditions of Contract [GCC]", "Financial
Proposals" and any other document forming part of the Contract, wherever the
context so requires. Notwithstanding the sub-divisions of the documents into
separate sections, each part shall be deemed to be supplementary of every other
part, and shall be read with and into the Contract so far as it may be practicable
to do so. Where any portion of the GCC is repugnant to or at variance with any
provisions of the SCC, unless a different intention appears the provisions of the
SCC shall be deemed to override the provisions of GCC, and shall to the extent
of such repugnancy or variations, prevail. In case of any contradiction, the
decision of the "Employer/Engineer-in-Charge [EIC]" will be final and binding
on the Contractor.

2.0 ORDER OF PRECEDENCE


In the case of ambiguity in Financial Proposal, Special terms, General
Conditions of Contract, Scope of work etc., the following order of precedence
will prevail:
a) Fax of Intent / detailed Letter of Award along with statement of agreed
variations and its enclosures and any corrigendum / addendum.
b) Special terms in conjunction with Scope of Work.
c) General Conditions of Contract.

3.0 Deleted.

4.0 COST OF CONSTRUCTION OF THE WORKS


This shall mean the amount(s) of tender(s) that may be accepted by the
Employer for award of work.

4.1 COST OF CONSTRUCTION OF WORKS SHALL NOT INCLUDE THE


FOLLOWING:
a) Any escalation on any account whatsoever in the amount(s) of the
said tender(s) for the construction of the works that may be paid by
EMPLOYER.
b) The amount of any deductions from the Contractor(s) bill(s) on
account of defective work or for other reasons.
c) Any payment to local authorities and any other expenditure for or in
connection with obtaining approval of plans, sanction of electrical
loads etc.
d) Cost of advertisement for invitation of tenders.
e) deleted.
f) deleted.
g) The quoted fees shall be inclusive of charges for visit to site, local
transportation and other expenses & all types of taxes, etc.
excluding Goods and Service Tax.

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5.0 TIME SCHEDULE DURING CONSTRUCTION PHASE


The following time schedule will be applicable for the tender package.

1. Construction Management and Within 07 days of the


supervision by deploying necessary award of the work
technical manpower to ensure and till completion of
planned progress. the work and closure of
contracts.
2. Completion of project, issue of Within 60 days
Completion Certificate, submission of after completion of the
“As Built Drawings”, finalization of work.
Contractor’s final bill & closing of
contract.
3. Obtaining completion certificate Within 60 days
and occupation certificate from local after completion of the
authority (if required) work.
NOTE:-
The above time schedule will be strictly adhered. However, the same may
deviate on account of authentic valid reasons to be recorded and approved by
EMPLOYER.

6.0 FINANCIAL PROPOSAL


6.1 The "Financial Proposal" shall be read in conjunction with "Scope of Work and
SCC", GCC and any other document forming a part of this Contract.
6.2 EMPLOYER agrees that fees quoted by Consultant and accepted by
EMPLOYER shall be paid to them. In case, any activity, though specifically
not covered in the Financial Proposal, but the same is covered under "Scope of
Work and SCC", etc., no extra claim on this account shall be entertained [as
Financial Proposal is to be read in conjunction with other documents forming
part of the Contract].
7.0 VALIDITY OF QUOTED RATES
The 'quoted / accepted rates' shall remain valid for the entire duration of the
Contract, and no escalation, for whatsoever reason, shall be permissible after
award of Contract.
8.0 TAXES AND DUTIES
8.1 The rates quoted in the Financial Proposal shall include all taxes [except Goods
and Service Tax], duties, W.C.T., cess, other levies, etc., Employer's share of
Provident Fund, insurance charges, all other levies, etc., as applicable.
Employer shall not entertain any such claim, whatsoever, on this account
[except Goods and Service Tax]at a later date.
8.2 The rates quoted in the Financial Proposal shall be inclusive of all equipment's
[if any], supervision, transportation, overheads, profits, etc.
9.0 TERMS OF PAYMENT
9.1 The bidder should give the details of his bank account to facilitate payment, if
payment is done through e-banking.
9.2 The payment shall be made to the consultant pro-rata basis related to the
payments made to the Civil Works Contractor and the rate quoted by the
Consultant in their financial proposal as percentage of the civil works cost.

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9.3 No additional payments whatsoever shall be made to the consultant except


reimbursement of Goods and Service Tax other than that described in 9.2
above.
9.4 Necessary recoveries and all statutory deductions shall be made as per the
relevant rates [as per rules & regulations of Government] from the payments to
the Consultant.

10.0 TAX LIABILITIES


10.1 The prices quoted in the Financial Proposal should be inclusive of all expenses
of transportation, overheads, profits, etc. The same should also be inclusive of
all taxes [except Goods and Service Tax, and cess thereon], duties, levies,
statutory payments, license fees, etc., imposed by the Government of MP
Works Contracts, etc. While quoting the prices, the Consultant shall take into
account all these aspects and no separate payment on any account shall be
payable to the Consultant at a later date.
10.2 Consultant shall be liable for timely payment of all taxes, duties & levies
imposed by any Government / Government Department / Agency / Body
including local autonomous bodies from time to time without any extra claim
from EMPLOYER. However, Goods and Service Tax payable by the
Consultant, if any, shall be reimbursed on production of receipt thereof.
EMPLOYER shall have no liability on these accounts if Consultant informs
EMPLOYER for such liability after closing of the agreement.
10.3 Income Tax deductions shall be made from all payments to the Consultant as
per rules and regulations in force in accordance with the "Income Tax Act"
prevailing from time to time. However, Consultant shall be entitled to get the
"TDS Certificate" for the amount so deducted in the format prescribed by the
'Income Tax Department'.

11.0 DEVIATION
Tender must be submitted without making any additions /alterations. The
bidders shall submit quotation based strictly on terms and conditions and
specifications contained in the Tender Document and not to stipulate any
deviations. Deviations in any manner against any clauses of this tender
document are not allowed and any such deviation if indicated any where
will render the offer non- responsive and shall liable to be rejected .

NOTE: The right to accept the offer will rest with the EMPLOYER.
EMPLOYER, however, does not bind himself to accept the
lowest offer and reserves to itself the Authority to reject any / all
the offers received without assigning any reason whatsoever.

12.0 AGREEMENT: Consultant shall enter into an Agreement with EMPLOYER..


The proforma for Agreement is enclosed. This will be on a non-judicial stamp
paper of appropriate value the cost of which will be borne by Consultant.
13.0 ENGINEER-IN-CHARGE [EIC]
13.1 “EMPLOYER / Additional Project Director PWD, PIU" shall nominate the "Engineer-in-
Charge [EIC]" for the work under the Contract.

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13.2 The EIC shall look after general supervision and directions of the work. He
will be authorized to stop the work with due permission of EMPLOYER,
whenever such stoppage may be necessary to ensure proper execution of the
Contract. He shall also have authority to reject all works, which do not
conform to the specifications.
13.3 The Engineer-in-Charge EIC, with due permission of EMPLOYER, reserves
the right to suspend the work or part thereof at any time and no claim
whatsoever on this account shall be entertained. In case of any dispute, the
Contractor may appeal to EMPLOYER, whose decision shall be final and
binding on the Consultant/Contractor.

14.0 SUPERVISION OF WORK


The Consultant shall be fully responsible for the works including the progress
and quality of works carried out by various contractors at site. They shall ensure
by continuous supervision and inspection of works, as may be necessary, that
the works are carried out strictly in accordance with the approved drawings and
specifications and as per Employer’s instructions issued in writing from time-to-
time.

15.0 WORKING HOURS


Work may be carried out on all days of the week, including Sundays &
Holidays (excluding restricted Holidays), and extra hours including nights. If
contractor carried out work in shifts to achieve the project completion schedule,
Consultant has to arrange staff, deployed for the work, accordingly. Consultant
should ensure that all the safety precautions have been followed by the
contractor during the execution of the work.

16.0 LODGING, BOARDING & TRANSPORTATION: Lodging, Boarding &


Transportation shall be arranged by the Consultant at his own cost.

17.0 IDENTITY CARDS


The Consultant shall issue 'Identity-Cards' of their personnel to be
deployed inside premises, which shall be required to display prominently
during the period of their stay within the premises and the 'Identity- Cards' shall
have the information as demanded by EMPLOYER authorities.

18.0 COMPLETION CERTIFICATE & FINAL BILL


18.1 The "Engineer-in-Charge EIC" shall normally issue to the Contractor, the "Work
Completion Certificate" within one (01) month after receiving an application
through Consultant thereof from the Contractor after verifying from the
completion documents and satisfying himself that the work has been completed
in all respect in accordance with the instructions, specifications of the Contract
documents. However, it is the responsibility of the Consultant to recommend for
issuing the certificate after ensuring the completion work in all respect.

19.0 ADHERENCE TO SAFETY REGULATIONS


19.1 All the Contractor's personnel as well as the personnel of Consultant, who would
be deployed inside the workplace, should strictly follow all safety rules and

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regulations. They should be well-conversant with the safety precautions to be


followed in the workplace. The Consultant shall abide by the advice and
guidance of the Safety-Officer in the workplace. In addition, the Contractor/
Consultant shall follow all Safety-Codes framed from time to time. Smoking
inside the workplace premises is strictly prohibited. No Contractor's/
Consultant’s personnel are allowed to possess match boxes, lighters, cigarettes,
biddies, transistors, or any other material which may cause fire hazards.
19.2 Contractor/ Consultant shall also ensure that all existing and amended Fire &
Safety rules / policies of EMPLOYER are strictly observed in the services
rendered by him. Contractor/ Consultant have to strictly adhere to guidance,
instructions issued from time to time in this regard. Any violation on this account
shall be the Contractor's/ Consultant’s responsibility.
19.3 EMPLOYER will not be responsible for any accident/mishap with the
Contractor's/ / Consultant’s employees. The Contractor/ Consultant shall take
necessary action for his employees in case of any incidents.
19.4 EMPLOYER shall not provide any medical assistance and shall have no other
liability whatsoever except as expressly provided under the Contract.

20.0 TERMINATION OF AGREEMENT


The Agreement with Consultant may be terminated at any time on one month’s
notice by EMPLOYER without assigning any reason, therefore, such
termination notwithstanding, the Consultant shall be entitled to be paid for
works actually done by them prior to such termination and shall be liable to pay
to the EMPLOYER all damages which, EMPLOYER may have become entitled
to for omission or commission on their part upon termination of the Agreement
subject to maximum of 10% of the total fee payable.

==================== X ====================

PWD, PIU (PMC) Page 48 of 49


Request for Proposal SQC

SECTION : 9 - Appendices
FORM OF PERFORMANCE SECURITY
(PERFORMAMANCE BANK GUARANTEE)

Bank Guarantee No. ……………..................….................. Date …....…………


Name of Beneficiary: Additional Project Director, MP PWD, PIU, Jabalpur (M.P.)

WHEREAS [Name and address of Consultants]1


(hereinafter called “the consultants”) has undertaken, in pursuance of Contract
No. dated to provide 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] [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 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 until ............. days after the date of issue of
the Defects Liability Certificate.

Signature and Seal of the Guarantor _


In presence of
Name and Designation 1 ........................................... 2.
Signature

Name, address, seal, Phone & Fax no. of the Bank


Date
1 Give names of all partners if the Consultants is a Joint Venture.

PWD, PIU (PMC) Page 49 of 49

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