NHSRCL Tender 1567603851 Cpma RFP Palghar 04.09.19
NHSRCL Tender 1567603851 Cpma RFP Palghar 04.09.19
NHSRCL Tender 1567603851 Cpma RFP Palghar 04.09.19
(NHSRCL)
(A Joint Sector Company of Govt. of India and Participating State Government)
TENDER DOCUMENT
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.
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.
No.
47T 47T
No
47T 47T
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”)
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”).
(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.
(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.
(5) Only those bidders that qualify the Technical Evaluation Process will be
eligible for further process i.e. Financial/Commercial Evaluation Process.
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
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
Final Bid Score (S): 70%*(Technical Score of the Bidder) + 30% * (Quote of
Lowest Bidder /Quote of Bid being Evaluated) *100
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
3.24 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.
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.
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
(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.
(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.
5 BID FORMS
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
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
Thanking you,
(Signature)
Name:
Designation:
Seal:
Date:
Place:
Business Address:
No. Date:
To:
The Chief Project Manager,
NHSRCL, Mumbai
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.
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
(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.
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,
Address
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
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
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.
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.
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.
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
(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.
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.
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.
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
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.
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.
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.
2.5.1 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
(c) Force Majeure shall not include insufficiency of funds or failure to make
any payment required hereunder.
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
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
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.
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.
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.
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.
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.
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
information relation to the Project, the Services, this Contract or the Client's
business or operations without the prior written consent of the Client.
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.
The Agency shall obtain the Client's prior approval in writing before appointing
such members of the Personnel as are listed the contract
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.
4.4.2 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.
4.4.4 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.
(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;
5.3 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.