NHSRCL Tender 1567603851 Cpma RFP Palghar 04.09.19

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National High Speed Rail Corporation Limited

(NHSRCL)
(A Joint Sector Company of Govt. of India and Participating State Government)

TENDER FOR APPOINTMENT OF AGENCY FOR


COMMUNICATION PLANNING AND PUBLIC
RELATIONS MANAGEMENT ACTIVITIES (CPMA),
DEMARCATION OF LAND BOUNDARY AND OTHER
ALLIED CIVIL WORKS IN CONNECTION WITH LAND
ACQUISITION FOR MAHSR PROJECT FOR PALGHAR
DISTRICT IN MAHARASHTRA

Tender No.: NHSRCL/CPM(Civil)/Palghar/19-20/04

TENDER DOCUMENT

National High Speed Rail Corporation Limited,


Adinath Villa, Opposite Taashi’s hotel, Vaghulsar, Mahim road, Palghar
(w) 401404 Tel. 02525-240 450 Email: [email protected]

Signature of Bidder Signature of NHSRCL Authority


Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

Disclaimer
The information contained in the Request for Proposal (RFP) document or
subsequently provided to Applicants, whether verbally or in documentary or any other
form by or on behalf of the National High Speed Rail Corporation Limited, New Delhi
(NHSRCL) is provided to Applicants on the terms and conditions set out in the RFP and
such other terms and conditions subject to which such information is provided. The RFP
is not an agreement and is neither an offer nor invitation by the NHSRCL to the
prospective Applicants or any other person. The purpose of this RFP is to provide
interested parties with information that may be useful to them in the formulation of their
Proposals pursuant to this RFP. Information provided in this RFP to the Applicants is on
a wide range of matters, some of which depends upon the interpretation of law. The
information given is not an exhaustive account of statutory requirements and should not
be regarded as a complete or authoritative statement of law. The Corporation accepts
no responsibility for the accuracy or otherwise for any interpretation or opinion in the
law expressed herein. NHSRCL also accepts no liability of any nature whether resulting
from negligence or otherwise however caused arising from reliance of any applicant
upon the statements contained in this RFP. NHSRCL may in its absolute discretion, but
without being under any obligation to do so, update, amend or supplement the
information, assessment or assumption contained in this RFP. The issue of the RFP
does not imply that NHSRCL is bound to select any Applicant or to appoint the Selected
Applicant, as the case may be, for the Consultancy and NHSRCL reserves the right to
reject all or any of the proposals without assigning any reasons whatsoever. The
Applicant shall bear all its costs associated with or relating to the preparation and
submission of its Proposal including but not limited to preparation, copying, postage,
delivery fees, expenses associated with any demonstrations or presentations which
may be required by NHSRCL or any other costs incurred in connection with or relating
to its Proposal. All such costs and expenses will remain with the Applicant and NHSRCL
shall not be liable in any manner whatsoever for the same or for any other costs or other
expenses incurred by an Applicant in preparation or submission of the Proposal,
regardless of the conduct or outcome of the selection Process.

Signature of Bidder Signature of NHSRCL Authority


Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

1 TENDER NOTICE
On behalf of National High Speed Rail Corporation Limited, New Delhi.
(hereinafter referred to as “NHSRCL”), the undersigned invites proposal from
reputed Consultancy firms for providing services as per the Scope of Services
mentioned in this document and as per details below:
Sr. Name and Scope of Work EMD (Rs.) Tender Fee Validity
No. (Rs.) Not days
refundable
1 Appointment Of Agency for 6,95,000/- 11,800/-
Communication Planning
And Public Relations (Six lakhs (Eleven 90 days
Management Activities Ninety Five Thousands
(CPMA), Demarcation Of Thousand Eight
Land Boundary and Other Only) Hundred
Allied Civil Works in Only)
Connection With Land
(Including
Acquisition For MAHSR
Project For Palghar District
GST @18%)
In Maharashtra.

Bidder to submit bid in three envelope system. All the notifications,


clarifications, corrigendum & details of terms and conditions regarding this
tender notice hereafter will be published online on web site http://www.nhsrcl.in
and Govt e-procurement portal (CPP) viz, http://www.eprocure.gov.in.
1 Bidding documents can be purchased from NHSRCL, at the address
mentioned below from Date 04.09.2019 15:00 hrs to Date 26.09.2019 13:00
hrs and can also be downloaded from the website http://www.nhsrcl.in. The
document can also be downloaded from Govt e-procurement portal (CPP)
viz, http://www.eprocure.gov.in.
2 Required amount of tender fee and EMD shall be paid as stated in tender
document.
3 Prebid conference will be held in the office of Chief Project Manager, Palghar
on dated 11.09.2019 at 15:00 Hrs.
4 Technical bids will be opened on 26.09.2019 Hrs. 15.00 at the office of Chief
Project Manager, Palghar.
5 Time and date of opening of financial bids will be informed to the qualified
bidders.
6 The NHSRCL, reserves the right to accept or reject any or all the tenders
without assigning any reason.

National High Speed Rail Corporation Limited,


Office of Chief Project Manager ( Civil )/Palghar, 102,
Adinath Villa, Opposite of Taashi’s Hotel, Village: Vagulsar,
Mahim Road, Place, Taluka, District & Post Office: Palghar,
Pin: 401404, Maharshtra, India.

Signature of Bidder Signature of NHSRCL Authority


Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

1.1 Key Information, Events and Dates


1.1.1 Table: Bid Information
S.
Item Description
47T

No.
47T 47T

Estimated Cost ₹ 10,89,81,000 (Ten crore Eighty Nine Lakh


1. Eighty One Thousand only)
6,95,000/-
2. Earnest Money Deposit (EMD) (Six lakhs Ninety Five Thousand Only)

Rs 11,800/- (Eleven Thousands Eight


3. Tender/Processing Fee Hundred Only) (Including GST)
90 days from Last date of receipt of Bid
4. Bid Validity Period Documents.
5% of the total contract value. To be given
Performance Security in the form of
5. within 30 days of award of contract, refer
Bank Guarantee Clause 3.23.
5.1 Security Deposit Refer Clause 3.25.
6. Last date for signing contract 15 days from award of Letter of Award.
7. Initial Period of Contract 12 Months .

1.1.2 Table: Key Events and Date


S.
Information Details
47T

No
47T 47T

1. Advertising Date 04.09.2019

2. Download Date 04.09.2019


Last date to send in requests for
3. 11.09.2019, 11:00 Hrs
clarifications
11.09.2019, 15:00 hrs
Chief Project Manager, Palghar, National High
Date, Time and place of Pre-Bid Speed Rail Corporation Limited,
4. Adinath Villa, Opposite Taashi’s hotel, Vaghulsar,
conference
Mahim road, Palghar (w) 401404 Tel. 02525-240
450 Email: [email protected]
Release of response to clarifications
5. www.nhsrcl.gov.in; www.eprocure.gov.in
would be available at:
Last date (deadline) for submission of
6. 26.09.2019 by 13.00 hrs
bids
7. Technical Bid Opening Date & Time 26.09.2019 by 15.00 hrs
8. Commercial Bid Opening Date & Time TBD
National High Speed Rail Corporation Limited,
Address for communication and hard Adinath Villa, Opposite Taashi’s hotel, Vaghulsar,
9. Mahim road, Palghar (w) 401404 Tel. 02525-240
copy submission (if any)
450 Email: [email protected]

Signature of Bidder Signature of NHSRCL Authority


Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

2 INTRODUCTION
2.1 Background
NHSRCL (the “Employer”) is implementing 508 Km long Mumbai-Ahmedabad
High Speed Rail Project (hereinafter called as MAHSR Project) starting from
Bandra Kurla Complex in Maharashtra and terminating at Sabarmati in Gujarat.
For supervision of project works, four site offices have been established at
Mumbai, Vadodara Surat and Ahmedabad headed by Chief Project Manager
(CPM).
NHSRCL intends to appoint an agency for Communication Planning and Public
Relation Management Activities (CPMA) for Palghar district which is having
length of 108 KM of MAHSR to handle communication with various stakeholders
like land owners, government officials, people’s representatives, opinion
makers, media, etc. which need to be communicated properly about the project
on a regular basis.
The Agency shall perform the activities in accordance with the Terms of
Reference (the “TOR”)

2.2 Request for Proposals


NHSRCL invites proposals (the “Proposals”) for selection of Communication
Planning and Public Relations Management Agency (hereinafter referred as the
“Agency”) for scope of services in conformity with the TOR (collectively the
“Consultancy”).
NHSRCL intends to select the Agency through an open competitive bidding
process in accordance with the procedure set out herein.

2.3 Due diligence by Bidders


Bidders are encouraged to inform themselves fully about the assignment and
the local conditions before submitting the Proposal and have site visit, sending
written queries to the NHSRCL, and attending a Pre-Proposal Conference on
the date and time specified in Clause 1.1.2(4)

2.4 Sale of RFP Document


RFP document can be purchased from the NHSRCL office at the address
mentioned from Date 04.09.2019 15:00 hrs to Date 26.09.2019 hrs 13.00 Hrs.
Bidding documents can also be downloaded from website http://www.nhsrcl.in.
and from Govt e-procurement portal (CPP) viz, http://www.eprocure.gov.in

2.5 Validity of the Proposal


The Proposal shall be valid for a period of not less than 90 days from the
Proposal Due Date (the “PDD”).

Signature of Bidder Signature of NHSRCL Authority


Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

2.6 Brief description of the Selection Process


The Employer has adopted a two stage selection process (collectively the
“Selection Process”) for evaluating the Proposals comprising of technical bids
and financial bids to be submitted by the Applicant in hard copy to the Employer
Address. The selection will be done through QCBS (Quality and Cost Based
Selection) process with 70 weightage to technical proposal and 30 weightage
to financial proposal. In the first stage, a technical evaluation will be carried out.
Based on this technical evaluation, a list of short-listed applicants shall be
prepared. In the second stage, a financial evaluation will be carried out.
Proposals will finally be ranked according to their combined technical and
financial scores. The first ranked Applicant (the “Selected Applicant”) shall be
called for negotiation, if necessary.

2.7 Pre-Proposal visit to the Site and inspection of data


Prospective Applicants may visit the Site and review the available data at any
time prior to PDD. For this purpose, they will provide at least two days’ notice
to the nodal officer specified in Clause 1.1.2 (9).

2.8 Pre-Proposal Conference


The date, time and venue of Pre-Proposal Conference shall be:
Date and Time: As mentioned in Clause 1.1.2(4)
Venue: As mentioned in Clause 1.1.2(4).

2.9 Pre-Proposal visit to the Site


Bidders are advised to visit the site and collect necessary information from site
prior to submission of the tender. For this purpose, they will provide at least two
days’ notice to the nodal officer specified in Clause 2.10.

2.10 Official Contact for the proposal


All communications including the submission of Proposal should be addressed
to:
National High Speed Rail Corporation Limited,
Adinath Villa, Opposite Taashi’s hotel, Vaghulsar,
Mahim road, Palghar (w) 401404
Tel. 02525-240 450 Email: [email protected]
All communications, including the envelopes, should contain the following
information, to be marked at the top in bold letters:
RFP Notice No. (as per brief NIT) for Appointment Of Agency For
Communication Planning And Public Relations Management Activities
(CPMA), Demarcation Of Land Boundary and Other Allied Civil Works.

Signature of Bidder Signature of NHSRCL Authority


Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

3 INSTRUCTION TO BIDDERS
3.1 Scope of Proposal
Detailed description of the objectives, scope of services, deliverables and other
requirements relating to this Consultancy are specified in this RFP. In case an
applicant firm possesses the requisite experience and capabilities required for
undertaking the Consultancy, it may participate in the Selection Process either
individually (the “Sole Firm”) or as lead member of a consortium of firms (the
“Lead Member”) in response to this invitation. The term applicant (the
“Applicant”) means the Sole Firm or the Lead Member, as the case may be. A
maximum of two members including Lead Member shall be allowed in a
consortium. The manner in which the Proposal is required to be submitted,
evaluated and accepted is explained in this RFP.
The Agency shall perform the activities in accordance with the Terms of
Reference (the “TOR”).

3.2 Bidding Process


(1) Complete bidding process will be offline in three envelope system. All the
notifications, clarifications, corrigendum & details of terms and conditions
regarding this tender notice hereafter will be published online on web site
http://www.nhsrcl.in.
(2) Required amount of tender fee and EMD shall be paid.
(3) Technical bids will be opened on the date and time mentioned in Bidding
document at the office of Chief Project Manager, Mumbai.

3.3 Preparation of Proposals


The bidder shall submit the bid in CPM, Palghar office. The bids submitted by
the bidder shall comprise of Three Envelopes
• ENVELOPE A: EMD, Tender Fee, Eligibility Criteria, - Refer Annexure-A
• ENVELOPE B: Technical Proposal- Refer Annexure-B
• ENVELOPE C: Financial Bid- Refer Annexure-C

The Technical Proposal shall contain the following documents, to be


submitted in the formats given in this RFP Document
(1) Covering Letter with Technical Proposal Submission
(2) Fulfillment of Eligibility criteria .
Supporting documents towards fulfilling eligibility criteria must be
submitted, else proposal will not be considered.
(3) Profile and Track Record in the field of Public Relations including (a)
experience and credentials (b) client base (c) financial sector
experience, if any (d) details of specialist partners/affiliates/associates, if
any (d) any other relevant information.

Signature of Bidder Signature of NHSRCL Authority


Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

(4) A note on any one of the most effective Public Relations strategy
formulated by the Public Relations (PR) Agency for a client(s) during the
last three years, with an evaluation of the impact of the campaign.
(5) Strategy to enhance awareness and disseminate information regarding
the various policies, activities and schemes within the ambit of NHSRCL
The Financial Proposal shall contain the Letter of Financial Bid and Fee details
as per the standard formats given in this RFP Document.

3.4 Earnest Money Deposit (Bid security)


(1) Bidder will have to provide a EMD/Bid security of Rs 6,95,000/- (Six Lakhs
Ninety Five Thousands Only) by way of either a demand draft/pay order,
issued in favour of NHSRCL, payable at New Delhi.
(2) In the event of non- submission of the EMD/bid-security the bid will be
summarily rejected.
(3) No interest will be payable on the EMD/Bid Security amount.
(4) The EMD/ bid security amount will be forfeited if upon being declared
successful the successful refuses to accept work order or having accepted
the work order, fails to carry out its obligations mentioned therein.
(5) The EMD/Bid Security will be refunded to the unsuccessful bidders only after
completion of the entire bid process.
(6) The EMD/Bid security of the successful bidder will be retained as part
security for the due and faithful fulfilment of the contract in terms of Clause
3.25 of the tender document.
(7) EMD & Tender fees Exemption Allowed to: Micro, Small and Medium
Enterprises (MSME), National Small Industries Corporation Limited (NSIC),
Start Up - As applicable as per prevailing Government of India norms.

3.5 Amendments to the RFP


At any time prior to the deadline for submission of proposals, NHSRCL may
modify/amend or vary, for any reason deemed necessary, the RFP by an
amendment notified on NHSRCL website or in writing or by fax or email to all
the bidders who have received this RFP and such amendment shall be binding
on them.

3.6 Modification, Substitution and Withdrawal of Proposal


No proposal can be withdrawn in the interval between the deadline for
submission of proposals and the expiration of the validity period. However,
bidder is allowed to withdraw his bid till deadline for submission of proposals.
Once the bids are submitted, modifications and substitutions in the bid
documents shall not be allowed.

Signature of Bidder Signature of NHSRCL Authority


Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

3.7 Clarifications of Proposal


In the process of examination, evaluation and comparison of proposal, the
NHSRCL may, at its discretion, ask bidder(s) for clarification of its proposal
which the bidder will be obliged to furnish in writing failing which its bid is not
liable to be evaluated.

3.8 Correction of Errors


i. Bidders are advised to exercise adequate care in quoting the prices/fees.
No modification/ correction in quotations will be entertained once the
commercial bids are submitted. Even before submission of the proposal, care
should be taken to ensure that any corrections/overwriting in the proposal are
initialed by the person signing the proposal form.
ii. Arithmetic errors in proposals will be corrected as follows: In case of
discrepancy between the amounts mentioned in figures and in words, the
amount in words shall govern.

3.9 Language of the Proposal


The proposal and all correspondence and documents shall be written in English.
All proposals and accompanying documents received within the stipulated time
will become the property of the NHSRCL and will not be returned. The hardcopy
version will be considered as the official proposal.

3.10 Local Conditions


(1) It will be imperative on each bidder to fully inform himself of all local
conditions and factors, which may have any effect on the execution of works/
services covered under these documents and specifications. It must be
understood and agreed that all the factors have properly been investigated
and considered while submitting the proposals. No claim for financial
adjustment to the contract awarded on these specifications and documents
will be entertained by NHSRCL. Neither any change in the time schedule of
the contract nor any financial adjustment arising thereof shall be permitted
by NHSRCL, which are based on lack of such clear information or its effect
on the cost of the work/services to the bidder.
(2) Please note that the cost of preparing the proposal, presentation and of
negotiating the contract including site visits etc. will not be reimbursable by
NHSRCL.

3.11 Selection Process


The method of selection is Quality and Cost Based Selection (QCBS). The
Technical proposals will be allotted weightage of 70% while the financial
proposals will be allotted weightage of 30%. The bidder with highest Final
Bid Score (S) shall be considered as the preferred bidder. In the event of two
or more agencies obtain same highest Combined Technical & financial Score
(S), the agency with maximum technical score will be selected.

Signature of Bidder Signature of NHSRCL Authority


Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

3.12 Conditions of Eligibility of Applications


3.12.1 Pre-Qualification/ Eligibility Criteria Evaluation:
The Bidder (Proprietorship / Partnership Firm/ Company) / Consortium/ Joint
Venture should meet the following eligibility criteria for qualifying for further
Evaluation Process- Technical and Financial and are required to furnish the
relevant documents to support their eligibility. Supporting documents as
prescribed below need to be attached with the proposal.
(1) The Bidder/ all the member of Joint Venture or Consortium should be
registered in India.
(2) The Bidder/ at least one member of Joint Venture or Consortium should
have been in operation for at least 10 years in India.
(3) The Bidder/ members of the consortium shall be eligible only if he / they
jointly fulfil Eligibility Criteria of having received total contractual payments
in the previous three financial years and the current financial year upto date
of opening tender, at least 150% of the advertised value of tender. Attested
Certificate from the concerned department / client and/or Audited Balance
Sheet duly certified by the Chartered Accountant etc.
(4) The Bidder/ members of Joint Venture or Consortium collectively should
have exhibited capacity of working in the field of social communication,
direct interaction with the landholders, consulting, designing, creation of
films, handling digital media.
(a) The Bidder/ at least one member of Joint Venture or Consortium
should have worked with Government of Maharashtra (GoM.) for at
least one project in the field of social communication, direct interaction
with the landholders, consulting, designing, creation of films, handling
digital media worth more than Rs 8.712 Crs. in the last 7 years.
(b) The Bidder/ at least one member of Joint Venture or Consortium should
have a direct experience of direct communication with the landholders
of linear infrastructure project.
(c) The Bidder/ at least one member of Joint Venture or Consortium should
have created at least 10 films on social issues or success stories for
GoM/GoI.
(d) The Bidder/ at least one member of Joint Venture or Consortium should
have handled digital brand management of at least One infrastructure
project for GoM/GoI.
(e) The Bidder/ at least one member of Joint Venture or Consortium should
have created at least 10 animation films for GoM/GoI of which at least
five should be on social issues related to infrastructure project.
(f) The Bidder/ at least one member of Joint Venture or Consortium should
have an experience of handling media in Maharashtra for an
infrastructure project of GoM/GoI.
(5) The Bidder shall not have been involved in any major litigation that may have
an impact affecting or compromising the delivery of services required. – Self
Declaration on letter head

Signature of Bidder Signature of NHSRCL Authority


Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

(6) The Bidder should not be blacklisted/ banned by any State/ Central
Government Organizations as on date of submission of bid- Self-Declaration
on letter head.

3.13 Evaluation of Proposals


Bids received and found valid will be evaluated by NHSRCL to ascertain the
best evaluated bid in the interest of NHSRCL, for the complete works/ services
under the terms of reference and documents. The Bidder should take enough
care to submit all the information sought by NHSRCL in the desired formats.
The bids are liable to be rejected if information is not provided in the desired
formats.
The Complete proposal would be submitted offline in Three Envelope System:
(a) Envelope A- Eligibility Criteria- shall be opened first and the Bidder shall
be evaluated based on Eligibility Criteria, EMD & Tender Fee Submission.
The Envelope A shall be submitted as per the Format and checklist
provided in Annexure A
(b) Envelope B – Technical Proposal shall be opened for all bidders who
have qualified from Envelope A. The Envelope B shall be submitted as per
the Format provided in Annexure B. Technical Evaluation would be done
based on the documents submitted in Envelope B.
(c) Envelope C- Financial Proposal - All Qualified bidders from the
Technical Evaluation- Envelope B shall be allowed for Financial Bid
Opening (Envelope C). Envelope C shall be submitted as per the Format
provided in Annexure C.
(d) In no way the bidder shall indicate its Financial Offer in any Envelope other
than Envelope C. In case it is found, the NHSRCL may summarily reject
the proposal of the said bidder
(e) NHSRCL would evaluate the Eligibility Criteria, Technical Evaluation and
Financial Evaluation as detailed in subsequent sections. NHSRCL may
seek clarification from the bidders during the evaluation process.

3.14 Technical Evaluation


(1) Eligible bidders, that meet or exceed the prequalification criteria would be
considered for Technical Evaluation
(2) NHSRCL will scrutinize and evaluate the technical offers as per the
Technical Evaluation Criteria detailed below. NHSRCL will scrutinize
whether the technical details along with documents furnished by the bidders
are as per RFP requirements
(3) The bidders would also be required for making technical presentation
before NHSRCL, in case NHSRCL feels so, on the date and time decided
and communicated by NHSRCL to the eligible bidders. NHSRCL will not
bear any extra cost in this regard.
(4) A bidder should score minimum 75 of passing marks as detailed below out
of 100 marks for qualifying the Technical Evaluation Process.

Signature of Bidder Signature of NHSRCL Authority


Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

(5) Only those bidders that qualify the Technical Evaluation Process will be
eligible for further process i.e. Financial/Commercial Evaluation Process.

3.14.1 Technical Evaluation Criteria:


TABLE-A
Maximum
Heading Description Criteria
Marks
Proven and
demonstrable
experience and
expertise in providing
As mentioned in Table B
Profile and consultancy in
– Criteria for Track
Track Record projects relevant to 60
Profile and Track Record
of the Bidder. communication
of Bidder.
planning and Public
relation management
for Land acquisition
process.
As mentioned in Table C
Key staff – Qualification and
Functions and
proposed to experience of Key
availability of the 10
be engaged Personnel made
experts
for the Project available as
communication Agency.
Adequacy and
appropriateness of the
Technical Approach
Approach and proposed methodology,
& Methodology for
Methodology identification of key
formulation of 30
for Strategy stakeholders, ways to
strategy for the
and work plan address them and work
projects
plan with respect to the
proposed scope.
Total marks 100

Maximum
TABLE-B: Criterion of Profile and Track record of Bidder
Marks
a. The Bidder/ at least one member of Joint Venture or 10
Consortium should have worked with GoM for at least one
project in the field of social communication, direct interaction
with the landholders, consulting, designing, creation of films,
handling digital media worth more than Rs 16.35 Cr in the last
7 years. Bidder having executed project worth less than 16.35
cr in the last 7 years will be allotted zero marks, though bidder

Signature of Bidder Signature of NHSRCL Authority


Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

Maximum
TABLE-B: Criterion of Profile and Track record of Bidder
Marks
will considered qualified if bidder satisfy other qualifying
criteria.
b. The Bidder/ at least one member of Joint Venture or
Consortium should have a direct experience of direct 20
communication with the landholders of linear infrastructure
projects. Necessary documents from employer shall be
produced in RFP for assisting employer in acquiring land by
deploying sufficient and quality ground staff.
c. The Bidder/ at least one member of Joint Venture or
Consortium should have created at least 10 films on social 05
issues or success stories for GoM/GoI.
d. The Bidder/ at least one member of Joint Venture or
Consortium should have handled digital brand management 10
of at least One infrastructure project for GoM/GoI
e. The Bidder/ at least one member of Joint Venture or
Consortium should have created at least 10 animation films 5
for GoM/GoI of which at least five should be on social issues
related to infrastructure project.
f. The Bidder/ at least one member of Joint Venture or
Consortium should have an experience of handling media in 10
Maharashtra for an infrastructure project of GoM/GoI.
Total 60
Specific
Marks
Expertise
TABLE-C: Qualification and experience of Key Personnel involved in the
Project
Criteria/ Expectations Maximum
Role
Marks

Project To have at-least 15 years of Communication 5


Director Management Experience. Expertise in planning
campaigns, consulting, dealing with issues of IEC,
leading teams would be preferred.

Project To have experience of direct communication with 3


Lead Landholders. Expertise in dealing with issues of
communication, handling teams and ground
activities.
To have at-least 5 years of experience in designing 2
Design
tools for various stakeholders. Expertise in Rural
Team
communication, campaign designs.
Total 10

Signature of Bidder Signature of NHSRCL Authority


Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

3.15 Financial Offer Evaluation


(1) Financial Bids (Envelope C) of Eligible Bidders only (Bidders that Qualify the
Technical Evaluation criteria) would be opened as per the schedule, in the
presence of the bidders or their representatives who choose to attend.
(2) The Lowest Financial bid shall be awarded 100 marks and others would be
awarded in relative proportion. Financial Score for a bidder will be calculated
using following formula:
Combined Score (Y) = (Quote of Lowest Bidder)/ (Quote of Bid being
Evaluated) *100

3.16 Final Selection of the bidder


Final Bid Score (S) of the bidder will be evaluated using following formula.
Bidder having the highest Bid Score (S), shall be the highest evaluated bidder
and would be the preferred bidder for this bid.
Sr. Evaluation Score Weightage Weighted Score

1 Technical X 70% 70% * X

2 Commercial Y 30% 30% * Y

3 Final Bid Score (S) S = 70 %*( X) + 30% * (Y)

Final Bid Score (S): 70%*(Technical Score of the Bidder) + 30% * (Quote of
Lowest Bidder /Quote of Bid being Evaluated) *100

3.17 Financial/ Price Bids


The Agency are required to quote a lump sum fee (as % above/below or At PAR
the estimated cost mentioned in the Bill of Quantiles) including all the statutory
taxes & duties except GST which will be paid/ reimbursed extra as per actual
on submission of proof of payment. The financial bid shall be quoted for the
consultancy services in the prescribed format given in Annexure C.

3.18 Duties and Taxes


All duties, taxes and other levies payable by the bidders in respect of the
transaction between the bidders and their vendors/sub-suppliers shall be
included in the bid price and no claim on this behalf will be entertained by
NHSRCL. All taxes, duties and levies (including statutory tax except GST which
will be paid extra as per actual on verification of vouchers) in respect of the
transaction between NHSRCL and bidders shall be included in the bid price.
GST will be paid along with on account bill as applicable, however on
completion of quarter for GST returns, actual GST will be reconciled and
necessary payments/deductions will be carried out. However, final bill will be
passed only after verification of vouchers for all payments.

Signature of Bidder Signature of NHSRCL Authority


Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

3.19 Validity of Proposal


The proposal shall be kept valid for a period of Ninety (90) days from the
stipulated last date for receipt of proposals as mentioned. The overall offer
including key personnel proposed for the assignment and the quoted prices
shall remain unchanged during the period of validity of bids and duration of
Contract.

3.20 Negotiations
(1) The first ranked Bidder (the “Selected Bidder”) may, if necessary, be invited for
negotiations. The negotiations shall be either for reducing the price of the
Tender, or for re-confirming the obligations of the Agency, and discussing the
deployment of Key Personnel, proposed methodology and work plan. NHSRCL
will also examine the CVs of all Other Professional Personnel and those not
found suitable shall have to be replaced by the bidder to the satisfaction of
NHSRCL. If the negotiation with the Selected Bidder fails, the Tender shall be
cancelled and NHSRCL will re-invite the Tender if required.

3.21 Disqualification
The Bid from the bidders is liable to be disqualified in the following cases:
(1) Bid not submitted in accordance with the bid document.
(2) The bidder qualifies the bid with his own conditions.
(3) During validity of the Bid, or its extended period, if any, the bidder increases
his quoted prices.
(4) Bid is received in incomplete form
(5) Bid is received after due date and time
(6) Bid is not accompanied by all requisite supporting documents
(7) Information submitted in technical Bid is found to be misrepresented,
incorrect or false, accidentally, unwittingly or otherwise, at any time during
the processing of the contract (no matter at what stage) or during the tenure
of the contract including the extension period if any
(8) Financial Bid is enclosed with the same envelope as technical Bid
(9) The successful bidder fails to enter into a contract within 30 working days of
the date of notice of award of contract or within such extended period, as
fixed by NHSRCL.
(10) Non fulfilling of any condition / term by bidder

3.22 Award of Contract


(1) Letter of Acceptance (LOA) will be issued to successful bidder.
(2) Execution of Agreement: After acknowledgement of the LOA as aforesaid
by the successful bidder, it shall execute the Agreement within 30 days. The
Selected bidder shall not be entitled to seek any deviation in the Agreement.

Signature of Bidder Signature of NHSRCL Authority


Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

3.23 Performance Security


(1) The successful bidder will have to submit Performance Security of 5% of
Total bid amount within 15 days from the date of issue of Letter of
Acceptance (LOA) and before execution of the service agreement, in the
form of a Bank Guarantee from a Nationalised/Scheduled Bank in
acceptable form.
(2) The Performance Security will remain with Employer till the completion of
period of the services. This security shall be initially valid upto the stipulated
date of completion plus 90 days beyond that. In case, the time for
completion of work gets extended, the validity of Bank guarantee shall be
extended to cover such extended time for completion of work plus 90 days.
(3) In case the successful Bidder fails to submit the requisite Performance
Security within 30 days from the date of issue of LOA, the contract shall be
terminated duly forfeiting EMD and other dues, if any payable against that
contract. The bidder shall be debarred from participating in re-tender for that
work. If the failed contractor is a JV or a Partnership firm, then every
member/ partner of such a firm shall be debarred from participating in the
tender for the balance work in his/her individual capacity or as a partner of
any other JV /partnership firm

3.24 NHSRCL's right to accept any Bid and to reject any or all proposals
NHSRCL reserves the right to accept or reject any Bid, and to annul the bidding
process and reject all Bids received at any time prior to award of contract without
assigning any reason. NHSRCL will not be responsible for any liability to the
affected bidder or bidders or any obligation to inform the affected bidder or
bidders the grounds for NHSRCL's action.

Signature of Bidder Signature of NHSRCL Authority


Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

4 TERMS OF REFERENCE (TOR)


4.1 General
NHSRCL (the “Employer”) is implementing 508 Km long Mumbai-Ahmedabad
High Speed Rail Project (hereinafter called as Project) starting from Bandra
Kurla Complex in Maharashtra and terminating at Sabarmati in Gujarat.
For supervision of project works, four site offices have been established at
Mumbai, Palghar, Vadodara, Surat, and Ahmedabad headed by Chief Project
Manager (CPM).
NHSRCL intends to appoint an agency for Communication Planning and Public
Relation Management Activities (CPMA) for the Employer in specific districts of
Maharashtra i.e Palghar for successful implementation of project.

4.2 Objective of the Assignment


The primary objective of Communication Planning and Public Relation
Management Activities (CPMA) is to handle communication with various
stakeholders like land owners, government officials, people’s representatives,
opinion makers, media, etc. which need to be communicated properly about the
project on a regular basis.

4.3 CPMA Engagement Plan


It is envisaged to engage the Agency initially for a period of 12 months to assist
NHSRCL in achieving its vision and objective of CPMA, which can be extended
further for a period of 6 month based on performance and mutual agreement.
CPMA will have two components:
(1) Centralized support to NHSRCL:

CPMA will have its personnel deployed to NHSRCL. These personnel will
operate from the Agency’s office. Whenever required by NHSRCL, they will be
available at NHSRCL’s office. The composition of the expected personnel is
mentioned in formats for financial proposal. NHSRCL will entrust CPMA various
projects for the responsibilities mentioned in ToR.
(2) Ground Activities:

For the projects entrusted to CPMA, CPMA would draw a detailed activity plan
in consultation with NHSRCL. It will execute the plan in the project benefitted
area.

4.4 Scope of Services


The Communication Planning and Public Relations Management Activities
(CPMA) Agency (“the Agency”) shall need to create the communication matrix
involving all the stakeholders of the projects. The Agency shall define a way
and manner to communicate with these stakeholders. The Agency shall handle
the communication on the digital platform and also produce audiovisual material
in the form of films, animations etc. The Agency shall establish a mechanism
and system to reach the stakeholders.

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Activités for Land Acquisition at MAHSR Project in Maharastra

The Agency shall act as a single window of communication for NHSRCL. The
Agency shall coordinate with all other communication agencies related to the
projects if any.
The Agency shall also document success stories and Case studies for
dissemination as well as internal analysis for NHSRCL.
The Agency is expected to communicate the details of project and its
offering/benefits from the GoM/GoI to the stakeholders in an effective manner
and communicate back to NHSRCL the pain points or responses of the
stakeholders.
The scope of work of Agency shall broadly include but not limited to following:
(1) To design a communication plan for effective project execution creating
positive sentiment towards the project. The plan will include audiences to
be addressed, channels to reach the audiences, method of
communication, briefing of the tools to be generated.
(2) The Agency will act as an apex body for all the communication related to
various projects of NHSRCL.
(3) To develop and design communication tools required for all the
stakeholders.
(4) To create audio-visual tools like films and/or animation etc.
(5) To establish digital platform for the Project. To create material to be hosted
on that website and manage the website. This platform will consist of
documents, animations, films, FAQs etc.
(6) To create presentations for internal communication for NHSRCL.
(7) To conduct workshops and orient other agencies if any.
(8) To design orientation programmes for the people’s representatives and
coordinate those programmes.
(9) To monitor the meetings to be conducted at tahsil level or district levels or
state level.
(10) To document stories of success and special case studies related to project
execution as well as land pooling in printed as well as audiovisual form.
(11) The agency is also required to demarcate land boundary identified using
RCC pillars and do other allied civil works if required for the same as per
instruction of the Engineer-in-Charge.

4.5 Deliverables:
At the end of the consultancy, the Agency shall deliver to NHSRCL the
following:
(1) The team for ground communications and at the Agency’s office

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Activités for Land Acquisition at MAHSR Project in Maharastra

(2) The master plan of communication and the communcation strategies for
the project.
(3) Establishment of digital platform with installed relevant assets on the same
and its maintenance.
(4) Communication tools designed and produced for ground interaction as
well as for other stakeholders.
(5) Films about the projects.
(6) Animations related to the projects.
(7) Monthly visits to all the districts that are covered in the projects.
(8) Conducting weekly/ monthly tehsil, district meetings related to the project
(9) Coordination of meetings with government officials and people’s
representatives.
(10) Case studies including success stories.
(11) Quarterly review meetings with NHSRCL.
(12) Co-ordination with print, electronic media etc.
(13) Details/measurement of demarcation of land boundary and other allied
civil work (if any) as per BOQ.

4.6 Time frame for deliverables


Sl Milestones Time of Completion
1 Issuance of Letter of Award / T
Contract Signing
2 Submission of Public Relations T+ 15 days
strategy plan
3 Other deliverables As per targets set in the Contract/
work order by NSRCL from time to
time
4 Monthly reports

4.7 Responsibilities of NHSRCL


(1) NHSRCL would provide adequate sitting arrangement, whenever required
electricity, drinking water, Network, Internet and other necessary
arrangement for the Agency at NHSRCL Site Headquarter & Project
Districts and Tahsil offices, wherever possible. However agency should
have adequate infrastructure arrangement for their staff for effective
working.

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Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

(2) NHSRCL will provide necessary permission that the Agency shall have,
free of charge, unimpeded access to all land in respect of which access is
required for the performance of the services.
(3) NHSRCL shall communicate clear directions and guidance to its
stakeholders, allied offices and all other organizations as may be deemed
necessary for extension of cooperation, sharing of information and all
necessary assistance to the CPMA for successful completion of its
responsibilities.

4.8 Responsibilities of Agency


(1) The Agency shall be responsible for meeting all tax liabilities arising out of
the Contract. The Income Tax etc., as applicable shall be deducted at
source from the payment to the Agency as per the law in force.
(2) The Agency shall indemnify NHSRCL for any loss or damage which may
be caused to NHSRCL due to deficiency in service.
(3) All costs, charges and expenses of and incidental to drawing, engrossing
and completing the agreement in duplicate including stamp duty and
registration charges shall be borne and paid by the Agency. The
registration of the Agreement shall be the sole responsibility of the
Agency.
(4) The Agency shall insure his workmen, staff, equipment, etc. No additional
burden should fall on the NHSRCL due to absence of insurance, if any.
The Agency shall provide certified true copies of insurance policies of the
Corporation. The insurance policies should be kept valid through the entire
period of the contract including extension, if any.
(5) The Agency shall keep accurate and systematic accounts and records in
respect of the services hereunder, in accordance with internationally
accepted accounting principles and in such form and detail as will clearly
identify all relevant monies received from the NHSRCL and payments
made to its staff and other costs.
(6) The Agency shall provide Key Personnel as mentioned in the eligibility
criteria. The Agency shall follow and abide by all rules and regulations
under the Labour legislation applicable. Under no circumstances, the
Agency’s employees will be deemed as employees of the Corporation.
The Agency shall alone be responsible for all the liability as regards his
employees.

Signature of Bidder Signature of NHSRCL Authority


Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

5 BID FORMS

Annexure A: Envelope A Formats


Envelope ‘A’ Submission Covering Letter
(To be printed on Bidder Company’s Letter Head and Signed by Authorized Signatory)
No. Date:
To:
The Chief Project Manager,
NHSRCL, Mumbai
Sub: Request for Proposal for Appointment Of Agency For Communication
Planning And Public Relations Management Activities (CPMA),
Demarcation Of Land Boundary and Other Allied Civil Works.

Ref: RFP No.: ____________ Dated _____________


Dear Sir,
We, the undersigned, having read and examined in detail all the bidding documents do
hereby propose to provide our services as specified in the RFP. We attach hereto our
responses to the requirements of Envelope A as required by the RFP.
We confirm that the information contained in these responses or any part thereof,
including the exhibits, and other documents and instruments delivered or to be delivered
to NHSRCL, New Delhi is true, accurate, verifiable and complete. This response
includes all information necessary to ensure that the statements therein do not in whole
or in part mislead the department in its shortlisting process.

1. Bidder Information:
In case of Single Bidder:
Particulars Bidder
Name of the Organization
Type of Organization (Pvt. Ltd/ Public Ltd/
Proprietary etc.)
Country of Registered Office
Address of Registered Office
Company Registration Details
Date of Registration
PAN
TAN
GST No.
No. of years of Operation
Authorized Signatory Name
Authorized Signatory Designation
Authorized Signatory Contact Details

Signature of Bidder Signature of NHSRCL Authority


Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

In Case of Joint Venture/Consortium:


Member 1:
Particulars Bidder Information
Name of the Organization
Type of Organization (Pvt. Ltd/ Public Ltd/
Proprietary etc.)
Country of Registered Office
Address of Registered Office
Company Registration Details
Date of Registration
PAN
TAN
GST No.
No. of years of Operation
Authorized Signatory Name
Authorized Signatory Designation
Authorized Signatory Contact Details
Member 2:
Particulars Bidder Information
Name of the Organization
Type of Organization (Pvt. Ltd/ Public Ltd/
Proprietary etc.)
Country of Registered Office
Address of Registered Office
Company Registration Details
Date of Registration
PAN
TAN
GST No.
No. of years of Operation
Authorized Signatory Name
Authorized Signatory Designation
Authorized Signatory Contact Details

In case of Joint Ventures/Consortiums:


Payment to be made in Favour of:
Particulars Bidder
Name of the Organization
PAN
GST No.

Signature of Bidder Signature of NHSRCL Authority


Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

2. Envelope ‘A’ Checklist

S Pre-requisite Document Proof Compliance


No (Yes/No)
1. Tender Fees Receipt
2. Earnest Money Deposit Receipt

3. Eligibility Criteria Checklist

3.a The Bidder should be registered in India registration certificate


3.b The Bidder / at least one member of Company registration
Joint Venture or Consortium should have certificate, Company
been in operation for at least 10 years in Letter Head Declaration
India
3.c The Bidder/ members of the consortium Attested Certificate from
shall be eligible only if he / they jointly the concerned
fulfil Eligibility Criteria of having received department / client and/or
total contractual payments in the previous Audited Balance Sheet
three financial years and the current duly certified by the
financial year upto date of opening Chartered Accountant
tender, at least 150% of the advertised etc.
value of tender.

3.d The Bidder/ at least one member of Joint Work Order/ Completion
Venture or Consortium should have Certificate/Self
worked with GoM/GoI for at least one Certification (With
project worth more than Rs 8.712 Cr. In supporting documents)
the last 7 years.
3.e The Bidder/ at least one member of Joint Work Order/ Completion
Venture or Consortium should have a Certificate/Self
direct experience of direct Certification (With
communication with the landholders of supporting documents)
infrastructure project of GoM/GoI.
3.f The Bidder/ at least one member of Joint Work Order/ Completion
Venture or Consortium should have Certificate/Self
created at least 10 films on social issues Certification (With
or success stories for GoM/GoI. supporting documents)
3.g The Bidder/ at least one member of Joint Work Order/ Completion
Venture or Consortium should have Certificate/Self
handled digital brand management of at Certification (With
least One infrastructure project for supporting documents)
GoM/GoI
3.h The Bidder/ at least one member of Joint Work Order/ Completion
Venture or Consortium should have Certificate/Self

Signature of Bidder Signature of NHSRCL Authority


Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

created at least 10 animation films for Certification (With


GoM/GoI of which at least five should be supporting documents)
on social issues related to infrastructure
project.
3.i The Bidder/ at least one member of Joint Work Order/ Completion
Venture or Consortium should have an Certificate/Self
experience of handling media in Certification (With
Maharashtra for an infrastructure project supporting documents)
of GoM/GoI.
3.j The Bidder/ at least one member of Joint Self-Declaration on letter
Venture should have a fully operational head
office in Mumbai.
3.k The Bidder/ any member of Joint Venture Self Declaration on letter
shall not have been involved in any major head
litigation that may have an impact
affecting or compromising the delivery of
services required.
3.l The Bidder/ any member of Joint Venture Self Declaration on letter
should not be blacklisted/ banned by any head
State/ Central Government
Organizations as on date of submission
of bid.

Thanking you,

(Signature)
Name:
Designation:

Seal:
Date:
Place:
Business Address:

Signature of Bidder Signature of NHSRCL Authority


Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

Annexure B: Envelope B Formats


(To be printed on Bidder Company’s Letter Head and Signed by Authorized Signatory)

No. Date:

To:
The Chief Project Manager,
NHSRCL, Mumbai

Subject: Request for Proposal for Appointment Of Agency For Communication


Planning And Public Relations Management Activities (CPMA), Demarcation Of
Land Boundary and Other Allied Civil Works

Envelope ‘B’ Submission Covering Letter

Ref: RFP No.: ____________ Dated _____________

Dear Sir,
Having examined the RFP, the receipt of which is hereby duly acknowledged, we, the
undersigned, offer to provide the professional services as required and outlined in the
RFP for the aforementioned Project.
We attach hereto our response Technical Proposal as required by the RFP.
We confirm that the information contained in this response or any part thereof, including
its exhibits, and other documents and instruments delivered or to be delivered to
NHSRCL is true, accurate, verifiable and complete. This Proposal includes all
information necessary to ensure that the statements therein do not in whole or in part
mislead NHSRCL in its evaluation and selection process.
We fully understand and agree to comply that on verification, if any of the information
provided here is found to be misleading the evaluation and selection process, we are
liable to be dismissed from the selection process or be terminated during the Contract,
if selected to sign and execute the Contract.
We agree to abide by this Bid for a period of 90 days from the date of submission of
bids at NHSRCL.
We agree that you are not bound to accept any Bid you may receive. We also agree
that you reserve the right in absolute sense to reject all or any of the products/ services
specified in the Bid.
It is hereby confirmed that I/We are entitled to act on behalf of our company/ corporation/
firm/ organization/ joint venture/ consortium to sign this document as well as such other
documents, which may be required in this connection.

Dated this Day of <Month and Year>

(Signature) (In the capacity of) (Name)

Duly authorized to sign the Bid for and on behalf of:

(Name and Address of Company/Joint Venture/Consortium)


Seal/Stamp of Bidder/ All members of Joint Venture/Consortium

Signature of Bidder Signature of NHSRCL Authority


Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

Technical Proposal
(1) Introduction
(2) Company Background
(3) Appreciation of the project.
(4) Approach and methodology to design Communication Strategy.
(5) Approach and Methodology to execute the Communication Strategy.
(6) Plan to create communication tools, handle Social Media, PR, films and
events required during the execution of the strategy.
(7) Work Program to fulfil Communication Planning and Public Relations
Management requirement of NHSRCL on a day to day basis.
(8) Comments / suggestions of Agency.
(9) Additional Information (if any).

Firm’s Experience:-
Name of Name of the Project/ Year of Assignment Cost of Assignment
the Client engagement

* Work Order/Project Completion Certificate/Self Declaration (with supporting


documents) should be attached.

(10) Curriculum Vitae (CV) of Key Personnel have to be submitted by the Tenderer
as per requirement of 3.14.1 Table-A and Table-C.

Signature of Bidder Signature of NHSRCL Authority


Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

Annexure C: Envelope C Formats


<< To be printed on Bidder Company’s Letter Head and Signed by Authorized
Signatory>>

To:
Chief Project Manager
NHSRCL, Palghar
Dear Sirs:
We, the undersigned, offer to provide the services for the above in accordance with your
Request for Proposal dated [_____], and our proposal.
We are willing to carry out the work at _____________ % above/below/At PAR percent
(should be written in figures and words) of the estimated rates mentioned in the Bill of
Quantities.
Our attached financial proposal is for the sum of [Amount in words and figures]. This
amount is inclusive of all taxes except Goods & Services Tax (GST) which shall be paid
extra as applicable.
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”.
Annexure C includes the substance of our Financial Proposal, and is inclusive of
applicable taxes and duties except Goods & Services Tax (GST) which shall be paid
extra as applicable.
We understand you are not bound to accept any Proposal you receive.
Yours sincerely,

(Authorised Representative of the firm)


Name:
Designation:
Name of the firm

Address

Signature of Bidder Signature of NHSRCL Authority


Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

Annexure C Formats of Financial Proposal


SUMMARY OF COSTS/ BILL OF QUANTITIES
SCEHDULE-(‘A’)
Table (1) CONSULTING MANPOWER COST
Unit
Total
Rate
Role Deployment Per Month Unit Qty
(Rs. Amount (Rs.
Lakhs) Lakhs))

(i) Project Man


Full Time 12 2.85 34.2
Director month

Full time Project Director services are considered.

Man
(ii)Project Lead Full Time 24 2.28 54.72
month
Project lead will be responsible for all ground activity.
(iii)Design Team Per
20 days 12 4.56 54.72
(05) Month
A communication planner, seasoned copywriter, two senior designers and a DTP operator will
be hired. Services of Design team is assumed to be for 20 days on a month
Man
(iv)Project Staff Full Time 48 1.14 54.72
month
Project staff is required for various office activities including coordination .
Administrative Cost
Per
(v) (machines, 12 0.6 7.2
Month
communication etc.)
TOTAL TOTAL 205.56

Quoted Rates for schedule-(‘A’), table-‘1’ in terms of %age


above (+)/ at par/ below (-) on cumulative tender value in
figures:
Quoted Rates for schedule-(‘A’), table-(1) in terms of %age
above (+)/ at par/ below (-) on cumulative tender value in
words:
(The tenderer should quote at par/ percentage above / percentage below on the above tender value.)

Total Quoted Amount for schedule-‘A’, table-(‘1’) in INR in


figures:

Total Quoted Amount for schedule-‘A’, table-‘1’ in INR in


words:

(Rates & Amounts should be quoted in words and in figures.)

Signature of Bidder Signature of NHSRCL Authority


Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

Note:
• The bidder shall quote rates as per the above schedule on the BOQ only. Rates
quoted else where in the tender document shall not be considered for evaluation.
• The rates shall include cost of the activities including wages, all allowances and
benefits payment towards entitled medical and annual leave, EPF contributions,
insurance (as applicable), as per conditions of contract.
• The Contractor shall be fully responsible for Compliance of all labour laws and
including (but not limited to), their accommodation, meals, wages, salary, transport
to and from the site and entitlement.
• The amount is inclusive of all taxes excluding Goods and Service Tax. The same
shall be payable extra to the Agency as per applicable laws.
Schedule-‘A”
Table – (2)
Activity/ Item/ Details Unit Qty Rate Total
Service Amount
(INR) (INR) Lakhs
Lakhs
(i) Ground Team of 10 ground Per 84 6.84 574.56
Communication communicators, 4 team/month
supervisors, 1
manger, 3 support
staff and (including
salary, travel, per
diem,
communications,
administration &
insurance)
(ii)PR Organising media Per month 12 7.98 95.76
conferences,
creating &
dissemination of
media release,
handling the activity
at tahsil, district as
well as State level
(excluding out of
pocket and event
expenditure)
For a close association with the reporters and stringers a team of skilled personnel is required
to be placed in project area for conducting meetings, building rapport with media etc.
(iii)Digital Management of the Per month 12 3.42 41.04
Platform content, keeping
portal live,
addressing querries,

A team of three specialists exclusive required for maintaining and updating website and portal

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Appointement of Agency for the Communication Planning and Public Relations Management Tender Documents
Activités for Land Acquisition at MAHSR Project in Maharastra

(iv)Social Popularising Per month 12 3 36.00


Media Publicity website, increasing
traffic

In order to publicize website and project, special interventions, strategy and


cost of paying social media( face book etc)
Total 747.36

Quoted Rates for schedule-(‘A’), table-‘2’ in terms of %age


above (+)/ at par/ below (-) on cumulative tender value in
figures:
Quoted Rates for schedule-(‘A’), table-(‘2’) in terms of %age
above (+)/ at par/ below (-) on cumulative tender value in
words:
(The tenderer should quote at par/ percentage above / percentage below on the above tender value.)

Total Quoted Amount for schedule-‘A’, table-(‘2’) in INR in


figures:

Total Quoted Amount for schedule-‘A’, table-(‘2’) in INR in


words:

(Rates & Amounts should be quoted in words and in figures.)

Note:
• The bidder shall quote rates as per the above schedule on the BOQ only. Rates
quoted else where in the tender document shall not be considered for evaluation.
• The rates shall include cost of the activities including wages, all allowances and
benefits payment towards entitled medical and annual leave, EPF contributions,
insurance (as applicable), as per conditions of contract.
• The Contractor shall be fully responsible for Compliance of all labour laws and
including (but not limited to), their accommodation, meals, wages, salary, transport
to and from the site and entitlement.
• The amount is inclusive of all taxes excluding Goods and Service Tax. The same
shall be payable extra to the Agency as per applicable laws.

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Schedule-‘A’ Table- (3)


Activity/Item/ Details Unit Qty Rate Estimated
Service Amount
(INR) Lakhs (INR) Lakhs

(i)Success Print as well as films Per 10 2.28 22.8


Stories success
story
(ii)AV Duration 10 minutes on HD, Voice per film 1 5.7 5.7
Films over, original music, including incidental
as well as talent cost
(iii)Animati Duration 10 minutes 3D, Voice over, per film 1 11.4 11.4
on Films original music, including incidental as
well as talent cost
(iv)Animati Duration 10 minutes 2D, Voice over, One film 2 9.12 18.24
on Films original music, including incidental as
well as talent cost
(v)Demarca Supplying and erection of Pre-cast RCC Per 100 55 1.25 68.75
tion Pillars M20 pillars of 150x150x900mm at site for Nos.
demarcation of High Speed Rail corridor
boundary at the spacing of 50m center to
centre or at change of alignment or as
directed by NHSRCL with marking of
chainage etc on the post with approved
quality of paint as per' drawings given by
NHSRCL. The - location of fixing pillars has
to be worked out by the Agency as per Joint
Measurement Sheets (Land Plan showing
land to be acquired on revenue map). The
pillars should project 400mm above the
ground level. The Pillars will have 4nos-
6mm Dia main bars with stirrups of 6mm dia
at 200mm cfc spacing.The rate is including
all tools & plants,transportation, labor etc if
required.
126.89
Quoted Rates for schedule-(‘A’), table-‘3’ in terms of %age
above (+)/ at par/ below (-) on cumulative tender value in
figures:
Quoted Rates for schedule-(‘A’), table-(‘3’) in terms of %age
above (+)/ at par/ below (-) on cumulative tender value in
words:
(The tenderer should quote at par/ percentage above / percentage below on the above tender value.)

Total Quoted Amount for schedule-‘A’, table-(‘3’) in INR in


figures:

Total Quoted Amount for schedule-‘A’, table-(‘3’) in INR in


words:

(Rates & Amounts should be quoted in words and in figures.)

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Note:
• The bidder shall quote rates as per the above schedule on the BOQ only. Rates
quoted else where in the tender document shall not be considered for evaluation.
• The rates shall include cost of the activities including wages, all allowances and
benefits payment towards entitled medical and annual leave, EPF contributions,
insurance (as applicable), as per conditions of contract.
• The Contractor shall be fully responsible for Compliance of all labour laws and
including (but not limited to), their accommodation, meals, wages, salary, transport
to and from the site and entitlement.
• The amount is inclusive of all taxes excluding Goods and Service Tax. The same
shall be payable extra to the Agency as per applicable laws.

Sch-B (OTHER CIVIL WORKS)


Estimated
Contractors quote At par/Above
S.No Description of work Cost Rs.
/Below
Lakh
Any Other Item of
USSR-2011 of Western
(i) 10.00
Railway within the
scope of work.
Sub Total 10.00
GRAND TOTAL (Sch A+Sch B) 1089.81

Quoted Rates for schedule-(‘B’) in terms of


%age above (+)/ at par/ below (-) on
cumulative tender value in figures:
Quoted Rates for schedule-(‘B’) in terms of
%age above (+)/ at par/ below (-) on
cumulative tender value in words:
(The tenderer should quote at par/ percentage above / percentage below on the above
tender value.)

Total Quoted Amount for schedule-‘B’ in INR


in figures:

Total Quoted Amount for schedule-‘B’ in INR


in words:

(Rates & Amounts should be quoted in words and in figures.)

Note:
• The bidder shall quote rates as per the above schedule on the BOQ only. Rates
quoted else where in the tender document shall not be considered for evaluation.

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• The rates shall include cost of the activities including wages, all allowances and
benefits payment towards entitled medical and annual leave, EPF contributions,
insurance (as applicable), as per conditions of contract.
• The Contractor shall be fully responsible for Compliance of all labour laws and
including (but not limited to), their accommodation, meals, wages, salary, transport
to and from the site and entitlement.
• The amount is inclusive of all taxes excluding Goods and Service Tax. The same
shall be payable extra to the Agency as per applicable laws.

Summary
Sl. Estimated Contractors Amount after
No. Description of work (Schedule) Cost in Rs. offer in % Contractors
Lakh above/Below Quote
(i)
Schedule-(‘A’), Table-(‘1’) 205.56
(ii) Schedule-(‘A’), Table-(‘2’)
747.36
(iii) Schedule-(‘A’), Table-(‘3’)
126.89
(iv) Schedule-(‘B’)
10.00
Total:
1089.81

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Annexure D: Format for Bank Guarantee for Performance Security

(On non-judicial stamp paper of the appropriate value in accordance with stamp Act. The
stamp paper to be in the name of Executing Bank).
From:
Name and Address of the Bank….
……………………………………..
To:
The Managing Director,
National High Speed Rail Corporation Limited
2nd Floor, Asia Bhawan, Sector-9
Dwarka, New Delhi-110 077.

WHEREAS, NATIONAL HIGH SPEED RAIL CORPORATION LIMITED, hereinafter


called the Employer, acting through [Insert Designation and address of the Employer’s
Representative], has accepted the bid of [Insert Name and address of the Agency],
hereinafter called the Agency, for the work of [Insert Name of Work], vide Letter of Award
No. [Insert Letter of Award No.].
AND
WHEREAS, the Agency is required to furnish performance security for the sum of [Insert
Value of Performance Security required], calculated @ 5% of the contract value in the
form of bank guarantee, being a condition precedent to the signing of the contract
agreement.
AND
WHEREAS, [Insert Name of the Bank], with its Branch [Address] having its
Headquarters office at [Address], hereinafter called the Bank, acting through
[Designation(s) of the authorised person of the Bank], have, at the request of the
Agency, agreed to give guarantee for performance security as hereinafter contained:
1. KNOW ALL MEN by these present that I/We the undersigned [Insert name(s) of
authorized representatives of the Bank], being fully authorized to sign and incur
obligations for and on behalf of the Bank, confirm that the Bank, hereby,
unconditionally and irrevocably guarantee to pay the Employer the full amount in
the sum of [Insert Value of Performance Security required] as above stated.
2. The Bank undertakes to immediately pay on presentation of demand by the
Employer any amount up to and including aforementioned full amount without any
demur, reservation or recourse. Any such demand made by the Employer on the
Bank shall be final, conclusive and binding, absolute and unequivocal
notwithstanding any disputes raised/ pending before any Court, Tribunal,
Arbitration or any Authority or any threatened litigation by the Agency or Bank. The
demand made by the Employer shall be final, conclusive and binding on the Bank.
3. On payment of any amount less than aforementioned full amount, as per demand
of the Employer, the guarantee shall remain valid for the balance amount i.e. the
aforementioned full amount less the payment made to the Employer.
4. The Bank shall pay the amount as demanded immediately on presentation of the
demand by Employer without any reference to the Agency and without the
Employer being required to show grounds or give reasons for its demand or the
amount demanded.
5. The Bank Guarantee shall be unconditional and irrevocable.

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6. The guarantee hereinbefore shall not be affected by any change in the constitution of the
Bank or in the constitution of the Agency.
7. The Bank agrees that no change, addition, modifications to the terms of the Contract
Agreement or to any documents, which have been or may be made between the Employer
and the Agency, will in any way release us from the liability under this guarantee; and the
Bank, hereby, waives any requirement for notice of any such change, addition or
modification to the Bank.
8. This guarantee is valid and effective from the date of it’s issue, which is [insert date of
issue]. The guarantee and our obligations under it will expire on [Insert the date twenty-
eight days after the specified completion beyond warrantee of the licenses]. All demands
for payment under the guarantee must be received by us on or before that date.
9. The Bank agrees that the Employers right to demand payment of aforementioned full
amount in one instance or demand payments in parts totalling up to the aforementioned
full amount in several instances will be valid until either the aforementioned full amount is
paid to the Employer or the guarantee is released by Employer before the Expiry Date.
10. The Bank agrees that it’s obligation to pay any amount demanded by the Employer before
the expiry of this guarantee will continue until the amount demanded has been paid in full.
11. The expressions Bank and Employer herein before used shall include their respective
successors and assigns.
12. The Bank hereby undertakes not to revoke the guarantee during its currency, except with
the previous consent in writing of the Employer. This guarantee is subject to the Uniform
Rules for Demand Guarantees, ICC Publication No.758.
13. The Guarantee shall be in addition to and without prejudice to any other security
Guarantee (s) of Agency in favour of the Employer is available with the Employer. The
Bank, under this Guarantee, shall be deemed as Principal Debtor of the Employer.
14. Notwithstanding anything contained herein:
a. Our liability under this Bank Guarantee shall not exceed Rs__________
(Rupees_______ _____________ only)
b. This Bank Guarantee shall be valid upto ___________________
c. We are liable to pay the guaranteed amount or any part thereof under the Bank
Guarantee only and only if you serve upon us a written claim or demand on or before
____________ (date which is 3 months after date mentioned at (b) above).
15. The Bank agrees to extend this guarantee for a period as requested by the beneficiary in
writing. Such request for extension is to be presented by Employer to the Bank before the
expiry of the validity of the existing guarantee.
Date ………… ………………………………………
Place…………. [Signature of Authorised person of Bank]
[Name in Block letters]……………….....
[Designation]……………..………………
[P/Attorney]No…… ………………………
Bank’s Seal
[P/Attorney] No…………..
Witness :
1. Signature
Name & Address & Seal

2. Signature
Name & address & Seal

Note:
1. All italicized text is for guidance on how to prepare this bank guarantee and
shall be deleted from the final document.

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2. In case the guarantee is issued by a foreign Bank, the said bank shall have
operations in India and should be countersigned and authenticated by Indian
operation branch of the said bank.
3. The Bank Guarantee should be duly attested by Notary public with notarial
stamps of appropriate value affixed thereon.

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6 GENERAL CONDITIONS OF CONTRACT

1. GENERAL PROVISIONS

1.1 Definitions
Unless the context otherwise requires, the following terms whenever used in this
Contract have the following meanings:
(a) “Applicable Law” means the laws and any other instruments having the
force of law in the Government’s country as they may be issued and in
force from time to time;
(b) “Bidder” shall mean any person or persons, firm or company who has
submitted his offer/bid for the work.
(c) “Client” or “Employer” means the executing agency that signs the Contract
for the Services with the selected Agency.
(d) “Contract” shall means and include the terms and conditions of Contract,
Letter of Acceptance, the offer/bid, the Agreement and mutually accepted
conditions in the authorized correspondence exchanged with the
successful bidder by the Corporation and any other document forming part
of the contract;
(e) “Contractor” or “Agency” shall mean the person or persons, firm or
company who has been awarded the contract for services for NHSRCL
CPMA.
(f) “Corporation” or “NHSRCL” shall mean National High Speed Rail
Corporation Ltd., a Joint Sector company of Government of India and
Participating States.
(g) “Deliverable” shall mean and include detailed project report, project
specific progress reports, dashboards, documents, fortnightly Track
progress reports, etc.
(h) “Effective Date” means the date on which this Contract comes into force
and effect pursuant to Clause GC 2.1;
(i) “Foreign currency” means any currency other than the currency of the
Government of India;
(j) “GC” means these General Conditions of Contract;
(k) “Government” means the Government of India and Government of
Maharashtra as the case may be;
(l) “Local currency” means the currency of the Government;
(m) “Managing Director” or “MD” shall mean the Managing Director of the
Corporation and shall include his successors and assigns.
(n) “Personnel” means persons hired by the Agency as employees and
assigned to the performance of the Services or any part thereof;
(o) “Foreign Personnel” means such persons who at the time of being so hired
had their domicile outside India; and “local Personnel” means such
persons who at the time of being so hired had their domicile inside India;
(p) “Party” means the Client or the Agency, as the case may be, and Parties
means both of them;
(q) “Services” means the work to be performed by the Agency pursuant to this

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Contract for the purposes of implementation of Communication Planning


& Public Relation Activities (CPMA) as defined in the contract.
(r) Fee shall mean the consideration payable to the successful bidder under
the contract.
(s) “Successful Bidder” shall mean the bidder to whom the Corporation
intends to award the Contract.
(t) “Third Party” means any person or entity other than the Government, the
Client, the Agency.

1.2 Relation between the Parties

Nothing contained herein shall be construed as establishing a relation of master


and servant or of agent and principal as between the Client and the Agency. The
Agency, subject to this Contract, shall have complete charge of Personnel
employed by the Agency for performing the Services and shall be fully
responsible for the Services performed by the personnel/ on their behalf.
NHSRCL shall in no way be responsible or liable for any act, omission,
commission by any personnel of the Agency.
1.3 Parties to The Contract:

The parties to the contract shall be the NHSRCL and the successful Bidder
whose offer/bid is accepted by the Corporation.
1.3.1 The person signing the offer/bid or any other document forming the part of
contract on behalf of other persons of a firm shall be deemed to have due
authority to bind such person/s or the firm as the case may be in all matters
pertaining to the contract. If it is found that the person concerned has no such
authority, the Corporation may, without prejudice to any other civil/criminal
remedies, terminate the contract and hold the signatory and/or the firm liable
for all costs and damages on account of such termination. The Corporation
shall entertain no claim from the firm for such termination.
1.3.2 Notices or any other action to be taken on behalf of the Corporation may be
given/ taken by the Competent Officer duly authorized for the purpose on its
behalf.
1.4 PERIOD OF CONTRACT:
The period of contract will be 12 months from the date of issue of Letter of
Acceptance.
1.5 INTERPRETATION:
Words importing persons or parties shall include firms, Corporations and any
organization having legal entity.
1.6 SINGULAR AND PLURAL:
Words importing the singular only shall also include the plural and vice versa
where the context so requires.

1.7 NOTICES, CONSENTS, APPROVALS, CERTIFICATES & DECISIONS:

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Where in the contract, provision is made for giving or issue of any notice or
consent or approval or certificate or decision by any person, unless otherwise
specified, such notice, consent, approval, certificate or decision shall be in writing
and the words “notify” “Certify” or “Decide” shall be construed accordingly. Any
such consent, approval, certificate or decision shall not be unreasonably withheld
or delayed.
1.8 OFFICER-IN-CHARGE:
The Corporation may appoint any person at its discretion as Officer-in-Charge of
the work and authorize him to exercise such power on behalf of the Corporation.
1.9 ASSIGNMENT AND SUBLETTING:
The Contractor shall not sublet, underlet, transfer, assign the contract or assign
or transfer in any way the right granted under the contract to any person or
persons or firm or agency or company nor shall he create any interest of any third
person.
1.10 Contract Document:
1.10.1 Language:
The language of the Contract is English.
1.10.2 Law:
The Contract shall be governed and construed in accordance with the law of
India. No suit or other proceedings relating to performance or breach of contract
shall be filed or taken in any Court of Law except Principal Court of Ordinary Civil
Jurisdiction at Mumbai which shall have exclusive jurisdiction to the exclusion of
any outside court.
1.10.3 Priority of Contract Documents:
The several documents forming the Contract shall be taken as mutually
explanatory of one another, but in case of ambiguities or discrepancies the same
shall be explained and harmonized by the Officer-in-Charge who shall issue to
the Contractor necessary instructions thereon and in such event, unless
otherwise provided in the contract, the priority of the documents forming the
contract shall be as follows:
a) The Contract Agreement
b) The Letter of Acceptance
c) The Contractor’s offer/bid
d) The Terms of Reference
e) The Conditions of Contract (General Conditions and Special Conditions)
f) Any other document forming part of the contract.

1.11 Table of Contents and Headings


The table of contents, headings or sub-headings in this agreement are for
convenience for reference only and shall not be used in, and shall not limit, alter
or affect the construction and interpretation of this Contract.

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1.12 Authorized Representatives


Any action required or permitted to be taken, and any document required or
permitted to be executed, under this Contract by the Client or the Agency may
be taken or executed by the officials duly authorized in that respect.
1.13 Performance Security:
1.13.1 The Agency shall obtain and provide to the Corporation as security for due
and proper fulfilment of the contract, a Performance Security amount
equivalent to 5% of the total value of the contract within fifteen (15) days
from the date of issue of Letter of Acceptance. Such security shall be in
the form of a Demand Draft/ Fixed Deposit Receipt/ Bank Guarantee in
the prescribed by NHSRCL, of a nationalized/ Scheduled bank in India.
The bank guarantee shall be valid for period of contract plus additional 90
Days thereafter and is encashable at Mumbai
1.13.2 The performance security shall be refundable to the Agency within two (2)
months after the expiry of the contract period upon full and satisfactory
compliance by the Agency with all the obligations and requirements under
this contract, provided there is no claim of the Corporation against the
Agency and after a specific written request is received from the Agency.
1.13.3 The Corporation shall be at liberty without any further consent from the
Agency than the consent which is implied by the execution of the
agreement to use/realise the said deposit or any part thereof towards the
fulfilment of payments and satisfaction of any and every sum which may
be due by the Agency to the Corporation or any local/competent
authorities and the Agency shall on demand by the Corporation deposit
with the Corporation a fresh demand draft to make good the original
amount. In such case the Agency shall be required to pay to the
Corporation compound interest at @ 15% per annum on the used/
realised amount of performance security for the period from the due date
of the payment till the date the performance security is fully recouped (both
days inclusive) by the Agency.
1.13.4 The claims under performance security shall be made by the Corporation
after notifying the Agency stating the nature of the default in which respect
the claim is made.
1.13.5 In the event of Performance Security being found insufficient or the same
has been wholly forfeited, the balance or the total sum recoverable as the
case may be shall be deducted from any sum due to the Agency or which
at any time thereafter may become due to the Agency under this or any
other tenders/contract with the Corporation including any EMD paid by
them for any other tenders/contract. Should that sum also not be sufficient
to cover the full amount recoverable, the Agency shall forthwith pay to the
Corporation on demand the remaining balance dues.
1.13.6 Upon the full and satisfactory compliance by the Agency with all
obligations and requirements under this contract, the Performance
Security or such part thereof as shall not be liable to be forfeited or
appropriated as aforesaid shall be refunded to the Agency.

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1.14 Taxes and Duties


Unless otherwise specified in the contract, the Agency shall pay all such taxes,
duties, fees and other impositions as may be levied under the Applicable Law.

2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF


CONTRACT

2.1 Effectiveness of Contract


This Contract shall come into force and effect on the date of the Client’s notice
to the Agency instructing the Agency to begin carrying out the Services.

2.2 Expiration of Contract


Unless terminated earlier pursuant to Clause GC 2.7 hereof, this Contract shall
expire when services have been completed and all payments have been made
at the end of such time period after the Effective Date as shall be specified in the
contract.

2.3 Entire Agreement


This Contract contains all covenants, stipulations and provisions agreed by the
Parties. No agent or representative of either Party has authority to make, and the
Parties shall not be bound by or be liable for, any statement, representation,
promise or agreement not set forth herein.

2.4 Modification
Modification of the terms and conditions of this Contract, including any
modification of the scope of the Services, may only be made by written
agreement between the Parties, however, each party shall give due
consideration to any proposals for modification made by the other Party.

2.5 Force Majeure

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

(b) Force Majeure shall not include (i) any event which is caused by the
negligence or intentional action of a Party or such Party’s Personnel or
agents or employees, nor (ii) any event which a diligent Party could
reasonably have been expected to both
(A) take into account at the time of the conclusion of this Contract and

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(B) avoid or overcome in the carrying out of its obligations hereunder.

(c) Force Majeure shall not include insufficiency of funds or failure to make
any payment required hereunder.

2.5.2 No Breach of Contract


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

2.5.3 Measures to be Taken


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

2.5.4 Extension of Time


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

2.5.5 Payments
During the period of their inability to perform the Services as a result of an
event of Force Majeure, the Agency shall not be entitled to be reimbursed for
additional costs.

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

2.6 Suspension
The Client may, by written notice of suspension to the Agency, suspend all
payments to the Agency hereunder if the Agency fail to perform any of their
obligations under this Contract, including the carrying out of the Services,
provided that such notice of suspension (i) shall specify the nature of the failure,
and (ii) shall request the Agency to remedy such failure within a period not
exceeding thirty (30) days after receipt by the Agency of such notice of

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suspension.

2.7 Termination
2.7.1 The Client may, by not less than fifteen (15) days’ written notice of termination to
the Agency, such notice to be given after the occurrence of any of the events
specified in paragraphs (a) to (d) of this Clause, terminate this Contract:

(a) If the Agency fail to remedy a failure in the performance of their obligations
hereunder, as specified in a notice of suspension pursuant to Clause 2.6
hereinabove, within fifteen (15) days’ of receipt of such notice of
suspension or within such further period as the Client may have
subsequently approved in writing;
(b) if the Agency become (or, if the Agency consist of more than one entity, if
any of their Members becomes) insolvent or bankrupt or enters into any
agreements with their creditors for relief of debt or take advantage of any
law for the benefit of debtors or go into liquidation or receivership whether
or voluntary; compulsory
(b) if the Agency fail to comply with any final decision reached as a result of
settlement of disputes pursuant to Clause 9 hereof;
(c) if the Agency submit to the Client a statement which has a material effect
on the rights, obligations or interests of the Client and which the Agency
know to be false;
(d) if, as the result of Force Majeure, the Agency are unable to perform a
material portion of the Services for a period of not less than sixty (60) days;
or
(e) if the Client, in its sole discretion and for any reason whatsoever, decides
to terminate this Contract.

2.7.2 The Agency may terminate this Contract, by not less than twenty-eight (28) days’
written notice to the Client, in case of the occurrence of any of the events
specified in paragraphs (a) through (d) of this Clause GCC 2.7.2.

(a) If the Client fails to pay any money due to the Agency pursuant to this
Contract and not subject to dispute pursuant to Clause GCC 9 within forty-
two (42) days after receiving written notice from the Agency that such
payment is overdue.
(b) If, as the result of Force Majeure, the Agency is unable to perform a
material portion of the Services for a period of not less than fifty-six (56)
days.
(c) If the Client is in material breach of its obligations pursuant to this Contract
and has not remedied the same within forty-two (42) days (or such longer
period as the Agency may have subsequently approved in writing)
following the receipt by the Client of the Agency’s notice specifying such
breach.
(d) If the Services are suspended by the Client for more than eighty-four (84)
days for reasons other than mentioned in 2.6.
2.7.3 Cessation of Rights and Obligations

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Upon termination of this Contract pursuant to Clauses 2.7.1 or 2.7.2 hereof, or


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

2.7.4 Cessation of Services


Upon termination of this Contract by notice of the Client to the Agency pursuant
to Clause 2.7 hereof, the Agency shall, immediately upon dispatch or receipt of
such notice, take all necessary steps to bring the Services to a close in a prompt
and orderly manner and shall make every reasonable effort to keep expenditures
for this purpose to a minimum. With respect to documents prepared by the
Agency, the Agency shall proceed as provided, respectively, by Clause 3.9
hereof.

2.7.5 Payment upon Termination

Upon termination of this Contract pursuant to Clauses 2.7 hereof, the Client shall
make the payment of remuneration to the Agency pursuant to Clause 6 hereof
for Services satisfactorily performed prior to the effective date of termination.

2.7.6 Disputes about Events of Termination


If the Agency disputes whether an event specified in paragraphs (a) to (d) of
clause 2.7 hereof has occurred, such Party may, within forty five (45) days after
receipt of notice of termination from the Employer refer the matter to Chief Project
Manager, NHSRCL pursuant to clause 9 hereof, and this contract shall not be
terminated on account of such event except in accordance with the terms of the
resulting decision.

3. OBLIGATIONS OF THE AGENCY

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

3.1.2 Law Governing Services

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

The Agency shall comply with all laws in force in India. The laws will include all
national, provincial, municipal, or other laws, rules and regulations or any order
of the Court that affect the performance of the Contract and are binding upon the
Agency.

The Agency shall, in all dealings with its labour and the labour of its Sub Agency
currently employed on or connected with the Contract, pay due regard to all laws
and regulations pertaining to the employment of labour.

3.2 Conflict of Interests


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

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

3.2.2 Agency and Affiliates not to be otherwise interested in Project

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

3.2.3 Prohibition of Conflicting Activities

Neither the Agency nor the Personnel shall engage, either directly or indirectly,
in any of the following activities:

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

(ii) after the termination of this Contract, such other activities which may prejudice
or otherwise affect the interest of NHSRCL.

3.3 Confidentiality
The Agency, their Personnel shall not, either during the term or within two (2)
years after the expiration of this Contract, disclose any proprietary or confidential

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information relation to the Project, the Services, this Contract or the Client's
business or operations without the prior written consent of the Client.

3.4 Liability of the Agency


The Agency' liability under this Contract shall be as provided by the Applicable
Law.

3.5 Insurance to be taken out by the Agency


The Agency (i) shall take out and maintain, at their own cost but on terms and
conditions approved by the Client, insurance against the risks, and for the
coverage of the work, and (ii) at the Client's request, shall provide evidence to
the Client showing that such insurance has been taken out and maintained and
that the current premiums therefore have been paid.

The risks and the coverage under the insurance shall be as follows:
(a) Third Party motor vehicle liability insurance in respect of motor vehicles
operated by the Agency or its Personnel or any Sub-Agency.
(b) employer’s liability and workers’ compensation insurance in respect of the
Personnel of the Agency and of any Sub-Agency, in accordance with the relevant
provisions of the Applicable Law, as well as, with respect to such Personnel, any
such life, health, accident, travel or other insurance as may be appropriate; and
(c) insurance against loss of or damage to (i) equipment purchased in whole or
in part with funds provided under this Contract, (ii) the Agency’s property used in
the performance of the Services.
3.6 Accounting, Inspection and Auditing
The Agency (i) shall keep accurate and systematic accounts and records in
respect of the Services hereunder, in accordance with internationally accepted
accounting principles and in such form and detail as will clearly identify all
relevant time charges and cost, and the bases thereof (including the basis of the
Agency' costs and charges), and (ii) shall permit the Client or its designated
representative periodically, and up to one year from the expiration or termination
of this Contact, to inspect the same and make copies thereof as well as to have
them audited by auditors appointed by the Client.

3.7 Agency' Actions requiring Client's prior Approval

The Agency shall obtain the Client's prior approval in writing before appointing
such members of the Personnel as are listed the contract

3.8 Reporting Obligations


The Agency shall submit to the Client the reports and documents specified in the
contract, in the form, in the numbers and within the time periods set forth in the
contract.

3.9 Documents prepared by the Agency to be the Property of the Client

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Activités for Land Acquisition at MAHSR Project in Maharastra

All plans, drawings, specifications, designs, reports and other documents


prepared by the Agency in performing the Services shall become and remain the
property of the Client, and the Agency shall not later than upon termination or
expiration of this Contract, deliver all such documents to the Client, together with
a detailed inventory thereof. The Agency may retain a copy of such documents.
Restrictions about the future use of these documents,

4. AGENCY' PERSONNEL

4.1 General

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

4.2 Description of Personnel


(a) The titles, agreed job descriptions, minimum qualification and estimated
periods of engagement in the carrying out of the Services of each of the
Agency' Key Professional are described in the contract.
(b) If required to comply with the provisions of Clause 3.1.1 of this Contract,
adjustments with respect to the estimated periods of engagement of Key
Professional may be made by the Agency by written notice to the Client,
provided that such adjustments shall not alter the originally estimated period
of engagement of any individual by more than 10% or one week, whichever
is larger,
(c) If additional work is required beyond the scope of the Services specified in
the contract, the estimated periods of engagement of Key Personnel may be
increased by agreement in writing between the Client and the Agency.

4.3 Approval of Personnel


The Key Personnel listed by title as well as by name in the contract are hereby
approved by the Client. In respect of other Key Personnel which the Agency
propose to use in the carrying out of the Services, the Agency shall submit to
the Client for review and approval a copy of their biographical data. If the Client
does not object in writing (stating the reasons for the objection) within twenty-
one (21) calendar days from the date of receipt of such biographical data, such
Key Personnel shall be deemed to have been approved by the Client.

4.4 Removal and/or Replacement of Personnel


Removal and/or replacement of Personnel shall be regulated as under:
4.4.1 In case notice to commence services pursuant to Clause 2.1 of this Contract is
not ordered by Client within 120 days of negotiations the key personnel can
excuse themselves on valid grounds, e.g., selection on some other assignment,
health problem developed after contract negotiation, etc. In such a case no
penalty shall be levied on the Firm or on the person concerned. The firm shall
however be asked to give a replacement by an equal or better scoring person,
whenever mobilization is ordered.

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4.4.2 In case notice to commence services is given within 120 days of negotiations
there placement shall be as below:
a. Replacement up to 33%: Replacement shall be by an equal or better scoring
person. Reduction in remunerations for the balance period shall be @ 5% of the
monthly rate.
b. Replacement of more than 33% and up to 50%: Replacement shall be by an
equal or better scoring person. Reduction in remunerations for the balance period
shall be @ 10% of the monthly rate.
c. Replacement beyond 50% and upto 66%. Replacement shall be by an equal or
better scoring person. Reduction in remunerations for the balance period shall
be @ 15% of the monthly rate.
d. Replacement beyond 66% shall normally not be considered. However in
exceptional circumstances, where it becomes absolutely essential the
remunerations of the substitute shall be reduced by 50% of the original person
replaced. Replacement shall be by an equal or better scoring person.
The Employer may initiate action for termination/debarment of such Agency for
future projects of NHSRCL for a period of 6 months to 24 months depending upon
the severity of case.

4.4.3 Replacement after original contract period is over:

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


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

4.4.4 If the Employer (i) finds that any of the Personnel has committed serious
misconduct or has been charged with having committed a criminal action or (ii)
has reasonable ground to be dissatisfied with the performance of any of the
Personnel, then the Agency shall, at the Employer’s written request specifying the
grounds therefore, forthwith provide a placement with qualifications and
experience acceptable to the Employer.
4.4.5 In exceptional situations where the replacement with equivalent or better
qualification is not available, replacement with lower qualifications than the
originally approved may be accepted with reduction in remuneration as per the
procedure prescribed below. This kind of relaxation shall however, be limited to
replacement of 2 key personnel only.

i) The new proposed personnel as a replacement has to be evaluated as per


the criteria fixed at the time of evaluation of original proposal and
marks/rating and then:
If the original personnel (included in the original proposal based on which the
contract was awarded) is to be replaced and the new proposed personnel is
having less qualification/ experience i.e. marks/rating (but fulfilling the
minimum requirement as per TOR), his remuneration would be reduced by
15% over and above the stipulated conditions in the contract because of less
qualified personnel.
If the original personnel (included in Contract Agreement) is to be replaced
by the Agency and the new proposed personnel is having less qualification/
experience (marks/rating), then his remuneration would be decreased

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proportionally in comparison to the marks of the original personnel. This will


also take into account the contract condition and if the proposed reduction is
less than that stipulated in contract condition, it would be as per the contract
provision.
It will be ensured that the new proposed personnel should score at least 75%
of the marks of the originally approved key personnel. Both the Consulting
firm and the proposed personnel should give the undertaking in the format
available in Form VII of Appendix II along with the replacement CV.
ii) The CV should be signed by personnel and the consulting firm in every page.
If the CV is found incorrect at later date, the personnel accepted would be
removed from the assignment and debarred from further NHSRCL’s works
for an appropriate period to be decided by NHSRCL and the new proposed
personnel in place of removed personnel would be paid 15% less salary than
the original personnel. 15% reduction in the salary will be imposed as penalty
for submitting the incorrect information. This penalty will be imposed only
once. If the same consulting firm submits incorrect information again second
time, necessary action will be taken by NHSRCL to black list the firm.

4.5 Resident Project Manager


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

5. OBLIGATION OF THE CLIENT

5.1 Assistance and Exemptions


The Client shall use its best efforts to ensure that the Government shall:

(a) provide the Agency, and Personnel with work permits and such other
documents as shall be necessary to enable the Agency, or Personnel to
perform the Services;

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

5.2 Services, Facilities and Property of the Client


The Agency have to make all arrangements needed to carry out the activities
under the contract at his own cost and risk.

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

6. PAYMENT TO THE AGENCY

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The fee shall be payable to the Agency as agreed under the contract.
The Employer shall cause the payment of the Agency as given in schedule of
payment after the receipt & approval by the Employer of certified bills.
The Items in the Bills of Quantities are the only items against which payment will
be made. The cost of any item of work not specifically described in the Bills of
Quantities but required for the execution of the Contract shall be included in the
unit rates for the items in the Bills of Quantities. The rates shall therefore include
for all incidental and contingent expenses and risks of every kind necessary to
fulfil all the obligations of the Contract.
The contractor shall be entitled to be paid from time to time, normally once
monthly, by way of ‘on account’ invoices for the executed items indicated in the
Bill of Quantities as finally approved by the Representative of Client.
Client representative shall have the power to omit from any of the Agency’s
requests for payment the value of any work executed or services rendered, with
which he may for the time being be dissatisfied and for that purpose and for any
other reason which to him may seem proper, may delete, correct or modify the
sum(s) previously certified by him as being due to the Agency.

6.1 Variation in Quantities

The quantities of items shown in the Bill of Quantities are approximate, and liable
to vary during the actual execution of the work. The Agency shall be bound to
carry out and complete the stipulated work irrespective of variation in individual
items, at the rates specified subject to variation in the value of the Contract.

6.2 Currency of Payment

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

7. Responsibility for Accuracy of Project Documents

7.1 General

7.1.1 The Agency shall be responsible for accuracy of the data collected, by him
directly or procured from other agencies/authorities, the designs, drawings,
estimates and all other details prepared by him as part of these services. He shall
indemnify the NHSRCL against any inaccuracy in the work which might surface
during implementation of the project. The Agency will also be responsible for
correcting, at his own cost and risk, the drawings including any re-survey/
investigations and correcting layout etc. if required during the execution of the
Services.

7.1.2 Agency liability towards the Client

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

8. FAIRNESS AND GOOD FAITH

8.1 Good Faith

The Parties undertake to act in good faith with respect to each other’s rights
under this Contract and to adopt all reasonable measures to ensure the
realization of the objectives of this Contract.

8.2 Operation of the Contract

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

9. SETTLEMENT OF DISPUTES

The Parties shall use their best efforts to settle amicably all disputes arising out
of or in connection with this Agreement or the interpretation thereof.
All differences or disputes arising out of or in connection with these presents shall
be referred by the Agency to the Director (Projects), NHSRCL. The Agency shall
be given reasonable opportunity to represent their case before the Director
(Projects), NHSRCL whose decision shall be final and binding on the Agency.

10. Liquidated Damages (LD)

Any delay by the Agency in achieving any of the activities associated with scope
of work will result in a penalty of 0.5% of the total value of contract, for every
week of delay or part thereof.
The maximum LD imposed on the contractor on account of above shall be limited
to 10% of total contract value. However, in event of excessive delays, which shall
be solely decided by Client, and Client reserves the right to terminate the contract
as per clause 2.7.
These damages shall not relieve the Contractor from his obligation to complete
the Services, or from any other duties, obligations or responsibilities which he
may have under the Contract.

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7 SPECIAL/ ADDITONAL CONDITIONS OF CONTRACT


1. Schedule of Payment

Table 1: (Refer Annexure C) Payment of fees will be on actual man month deployed
for the project. The payment will be on a monthly basis after submission of invoice
duly certified by Employer’s representative for the services performed.
Table 2: (Refer Annexure C) Monthly Basis on activities carried out. The invoice
needs to be supported by requisite documents/ deliverables and certifications by
Employer’s representative.
Table 3 : (Refer to Annexure C)
20 % - Approval concept and Script,
70 % Submission of Goods/Services to the satisfaction of NHSRCL
10 % on approval.
Schedule B: (Refer Annexure C) As per work executed actually.

NHSRCL reserves right to alter the payment schedule.


The payment shall be made upon submission by the Agency of certified monthly
invoices for the scope of services performed during the month as per scope of
services.
The Client shall cause the payment due to the Agency to be made within 30
(thirty) days after the receipt by the Client of duly completed bills with necessary
particulars.

2. Foreclosure

NHSRCL shall have a right to foreclose the contract at any point of time for any
reason whatsoever after giving one month’s notice in writing to the Agency. The
Agency will have no claims against Client for damages/ compensation for any loss
that may be sustained by him owing to such foreclosure.
In the event of premature termination of the contract by the Agency, the Client shall
have the right not only to forfeit the performance security but also claim damages
suffered by the Client.

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Activités for Land Acquisition at MAHSR Project in Maharastra

3.25 Security Deposit


The Earnest Money deposited by the Contractor with his tender will be retained
by the Railways as part of security for the due and faithful fulfilment of the
contract by the contractor. The balance to make up the Security Deposit, the
rates for which are given below, may be deposited by the Contractor in cash or
may be recovered by percentage deduction from the Contractor's "on account"
bills. Provided also that in case of defaulting contractor, the Railway may retain
any amount due for payment to the Contractor on the pending "on account bills"
so that the amounts so retained may not exceed 10% of the total value of the
contract.

3.25.1 Recovery Of Security Deposit: Unless otherwise specified in the


Special Conditions, if any, the Security Deposit/rate of recovery/mode of
recovery shall be as under :
(a) Security Deposit for each work should be 5% of the contract value,
(b) The rate of recovery should be at the rate of 10% of the bill amount till the
full Security Deposit is recovered,
(c) Security Deposits will be recovered only from the running bills of the
contract and no other mode of collecting SD such as SD in the form of
instruments like BG (except Note (ii) below); FD etc. shall be accepted
towards Security Deposit.

Security Deposit shall be returned to the contractor after the expiry of the
maintenance period in all the cases other than Note (i) mentioned below and
after passing the final bill based on No Claim Certificate with the approval of the
Competent Authority. The Competent Authority shall normally be the authority
who is competent to sign the contract. If this Competent Authority is of the rank
lower than JA Grade, then a JA Grade Officer (concerned with the work) should
issue the certificate. The certificate, inter alia, should mention that the work has
been completed in all respects and that all the contractual obligations have been
fulfilled by the contractor and that there is no due from the contractor to Railways
against the contract concerned. Before releasing the SD, an unconditional and
unequivocal ‘No Claim Certificate’ from the contractor concerned should be
obtained.
Note -
a) After the work is physically completed, Security Deposit recovered from the
running bills of a contractor can be returned to him, if he so desires, in lieu of
FDR/irrevocable Bank Guarantee for equivalent amount to be submitted by
him.
b) Maintenance period – 6 months for civil works.
c) No interest will be payable upon the Earnest Money and Security Deposit or
amounts payable to the Contractor under the Contract, but Government Securities
deposited in terms of Sub-Clause (1) of this clause will be payable with interest
accrued thereon.

Signature of Bidder Signature of NHSRCL Authority

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