SQCotherwork
SQCotherwork
SQCotherwork
YEAR : 2021
CONTENTS
PROJECT MANAGEMENT CONSULTANCY SERVICES FOR
SUPERVISION AND QUALITY CONTROL CONSULTANCY
SERVICES FOR WORKS OF BALAGHAT DISTRICT UNDER PIU
BALAGHAT ,PWD,M.P.
INSTRUCTION TO CONSULTANTS
SECTION 2 5-10
DATASHEET 11-12
ANNEXURE – I 13-15
ANNEXURE – II 16-17
SECTION 9 APPENDICES 49
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.
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.
3.3 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.
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
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.
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.
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
Date : …………..
Time : …….. PM
Venue : Office of the Additional Project Director, PWD,PIU, Jabalpur
1.3 Contacting Person :
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
ANNEXURE-I
Sn Description Max.
Marks
I. General Experience of consultancy in Building works. (DPR, 100
PMC and SQC)
IV. The Approach and methodology proposed including Work Plan 100
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.
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:
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.
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.
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.
3A. TECHNICAL PROPOSAL SUBMISSION FORM (on letter head of the firm)
To,
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:
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.
Name of Principal Employer : Address with Telephone No. & Fax No.:
Name of Association Firm(s) if any : Address with Telephone No. & Fax No of
the Association 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:
Average
3F. Deleted
Proposed Position:
Name of Firm:
Name of Staff;
Professional Qualification:
Date of Birth
Nationality
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
(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)
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) :_
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.
(Location, Date)
To,
Yours sincerely,
(The complete details of the project alongwith the location describing the broad
facilities to be provided should be mentioned.)
3. SCOPE OF WORK:
The scope of consultancy services for each includes, but shall not be limited to
following activities.
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.
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
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
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
PWD, PIU (PMC) Page 31 of 49
Request for Proposal SQC
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.
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.
1. FORM OF CONTRACT
(……………………)
Authorized Signatory
(………………………….)
Divisional Project Engineer, PIU
BALAGHAT
Witness
1. Signature 2. Signature
Name Name
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.
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.
12. Deleted
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
PWD, PIU (PMC) Page 42 of 49
Request for Proposal SQC
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.
3.0 Deleted.
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.
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.
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SECTION : 9 - Appendices
FORM OF PERFORMANCE SECURITY
(PERFORMAMANCE BANK GUARANTEE)