Sports Authority of India

“REQUEST FOR PROPOSAL”

(RFP)

For

Appointment of PMC for Construction of Multipurpose hall for Para badminton and Para
table tennis at SAI RC Gandhinagar and Construction of 1 no. of 1.5 lakh litre overhead
water tank at SAI RC Gandhinagar

Tender Reference Number: 01-11014(02)/1/2024-HO - Infra Division

Date of Publication: 31-05-2024

Last Date of Submission: 25-06-2024

Sports Authority of India (SAI)

Gate No 10, JN Stadium New Delhi 110003

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CONTENT
DISCLAIMER.................................................................................................................................................. 3
1. NOTICE INVITING TENDER ............................................................................................................. 4
2. BID SCHEDULE & DATA SHEET ...................................................................................................... 4
3. INSTRUCTIONS TO BIDDERS ........................................................................................................... 5
4. LANGUAGE OF BID ............................................................................................................................. 6
5. DOCUMENTS TO BE SUBMITTED ................................................................................................... 6
6. ELIGIBILITY CRITERIA .................................................................................................................... 6
7. RFP PROCESS ........................................................................................................................................ 6
8. BID VALIDITY ....................................................................................................................................... 7
9. BID PRICES ............................................................................................................................................ 7
10. EARNESTMONEY DEPOSIT/BID SECURITY ................................................................................ 7
11. BIDDERS QUERIES AND RESPONSES THERETO........................................................................ 9
12. SUBMISSION OF BIDS ....................................................................................................................... 10
13. SCRUTINY OF BIDS ........................................................................................................................... 10
14. EVALUATION CRITERIA ................................................................................................................. 12
15. DECLARATION OF SUCCESSFUL BIDDER ................................................................................. 13
16. PERFORMANCE SECURITY ............................................................................................................ 13
17. SCOPE OF WORK &TIMELINES OF THE PROJECT ................................................................ 14
18. MANPOWER REQUIREMENT ......................................................................................................... 14
19. TERMS OF PAYMENT ....................................................................................................................... 15
20. OTHER TERMS AND CONDITIONS OF THE BID ....................................................................... 17
21. PENALTY .............................................................................................................................................. 18
22. GENERAL TERMS AND CONDITIONS OF CONTRACT ........................................................... 19
23. PATENTS, COPYRIGHT & INTELLECTUAL PROPERTY RIGHTS, SOURCE CODES ...... 20
24. REPRESENTATIONS AND WARRANTIES ................................................................................... 21
25. INDEMNIFICATIONS AND LIABILITIES ..................................................................................... 21
26. TERMINATION ................................................................................................................................... 22
27. FORCE MAJEURE .............................................................................................................................. 23
28. DISPUTE SETTLEMENT MECHANISM ........................................................................................ 23
29. APPLICABLE LAW............................................................................................................................. 24
30. RESERVED RIGHTS........................................................................................................................... 24
31. CORRUPT OR FRAUDULENT PRACTICES ................................................................................. 25
32. CONFIDENTIALITY ........................................................................................................................... 25
ANNEXURE ‘I’ | TERMS OF REFERENCE (TOR) ................................................................................ 26
ANNEXURE ‘II’ | DOCUMENTS TO BE SUBMITTED ......................................................................... 29
ANNEXURE ‘III’ | ELIGIBILITY & EVALUATION CRITERIA ......................................................... 31
ANNEXURE ‘V’ | BANK GUARANTEE FORM FOR BID SECURITY ............................................... 37
ANNEXURE ‘VI’ | POWER OF ATTORNEY (SAMPLE) ...................................................................... 38
ANNEXURE ‘VII’ | ELIGIBLE PROJECTS UNDERTAKEN BY THE BIDDER ............................... 39
ANNEXURE ‘VIII’ | ANNUAL TURNOVER ............................................................................................ 40
ANNEXURE ‘IX’ | FORMAT FOR CV ...................................................................................................... 41
ANNEXURE ‘IX- B’ | DEPLOYMENT PLAN........................................................................................... 42
ANNEXURE ‘X’ | INSTRUCTIONS FOR ONLINE BID SUBMISSION ............................................... 43
ANNEXURE ‘XI’ |PRICE BID FORMAT (TO BE UPLOADED ON CPP PORTAL IN THE BOQ
ONLY)............................................................................................................................................................. 46
ANNEXURE ‘XII’ |- BANK GUARANTEE FORM FOR PERFORMANCE SECURITY .................. 47
ANNEXURE ‘XIII’ |- DRAFT MEMORANDUM OF UNDERSTANDING FORMAT .............ERROR!
BOOKMARK NOT DEFINED.

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DISCLAIMER

1. The information contained in this Request for Proposals document (“RFP”) or subsequently
provided to Bidders, whether verbally or in documentary or any other form by or on
behalf of the Authority or any of its employees or advisers, is provided to Bidders on the
terms and conditions set out in this RFP and such other terms and conditions subject to
which such information is provided.
2. This RFP is not an agreement or an offer by the Authority to the prospective Bidders or any
other person. The purpose of this RFP is to provide interested parties with information
that may be useful to them in the formulation of their Proposals pursuant to this RFP.
This RFP includes statements, which reflect various assumptions and assessments
arrived at by the Authority in relation to the Project Management Consultancy (PMC).
Such assumptions, assessments and statements do not purport to contain all the
information that each Bidder may require. This RFP may not be appropriate for all
persons, and it is not possible for the Authority, its employees or advisers to consider the
objectives, technical expertise and particular needs of each party who reads or uses this
RFP. The assumptions, assessments, statements and information contained in this RFP,
may not be complete, accurate, adequate or correct. Each Bidder should, therefore,
conduct its own investigations and analysis and should check the accuracy, adequacy,
correctness, reliability and completeness of the assumptions, assessments and
information contained in this RFP and obtain independent advice from appropriate
sources.
3. Information provided in this RFP to the Bidders may be on a wide range of matters, some of
which may depend upon interpretation of law. The information given is not intended to
be an exhaustive account of statutory requirements and should not be regarded as a
complete or authoritative statement of law. The Authority accepts no responsibility for
the accuracy or otherwise for any interpretation or opinion on the law expressed herein.
4. The Authority, its employees and advisers make no representation or warranty and shall
have no liability to any person including any Bidder under any law, statute, rules or
regulations or tort, principles of restitution or unjust enrichment or otherwise for any
loss, damages, cost or expense which may arise from or be incurred or suffered on
account of anything contained in this RFP or otherwise, including the accuracy,
adequacy, correctness, reliability or completeness of the RFP and any assessment,
assumption, statement or information contained therein or deemed to form part of this
RFP or arising in any way in this Selection Process.
5. The Authority also accepts no liability of any nature whether resulting from negligence or
otherwise, howsoever caused, arising from reliance of any Bidder upon the statements
contained in this RFP. The Authority 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 this RFP does not imply that the
Authority is bound to select a Bidder or to appoint the Selected Bidder, as the case may
be, for the PMC and the Authority reserves the right to reject all or any of the Bids
without assigning any reasons whatsoever.
6. The Bidder shall bear all its costs associated with or relating to the preparation and
submission of its Bid including but not limited to preparation, copying, postage, delivery
fees, expenses associated with any demonstrations or presentations which may be
required by the Authority or any other costs incurred in connection with or relating to its
Bid. All such costs and expenses will remain with the Bidder and the Authority shall not
be liable in any manner whatsoever for the same or for any other costs or other expenses
incurred by a Bidder in preparation for submission of the Bid, regardless of the conduct
or outcome of the Selection Process.

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 1. NOTICE INVITING TENDER

Sports Authority of India, (hereafter referred as “SAI”) an autonomous organisation established by

Ministry of Youth Affairs & Sports, Government of India invites Online Bids from CPSU/State
PSUs/eligible as per GFR 2017 under section 133 (3) notified by the Ministry of Urban
Development (MoUD) having sufficient experience and credentials to associate with SAI as Project
Management Consultancy for Appointment of PMC for Construction of Multipurpose hall for
Para badminton and Para table tennis at SAI RC Gandhinagar and Construction of 1 no. of
1.5 lakh litre overhead water tank in accordance with the terms of reference (“Terms of
Reference” or “TOR”).

2. BID SCHEDULE & DATA SHEET

S.N. Particular Details

Appointment of PMC for
i. Construction of Multipurpose hall
for Para badminton and Para
table tennis at SAI RC
1. Name of the Work
Gandhinagar, Gujarat
ii. Construction of 1 no. of 1.5 lakh
litre overhead water tank, at SAI
RC Gandhinagar, Gujarat
Rs 7.50 Crores including GST and excluding
2. Estimated cost of the Project
PMC cost.
PMC shall be responsible for:
Development of project within 12 months.
In addition, 12 months of defect liability
Estimated period for completion of period post Hand Over at SAI RC
3.
services Gandhinagar.
Note: PMC role is envisaged for complete
Project Development as representative of
Authority.
4. Date of Publication 31-05-2024
5. Bid document download start Date 31-05-2024
Last date and time of submission of 06-06-2024 till 3:00 PM
6.
queries for Pre-Bid Conference
Virtual Pre-Bid conference Friday, June 7 · 11:00am – 12:00pm
7.
https://meet.google.com/zxn-buem-qfh
8. Bid submission start date and time 11-06-2024 from 6:00 PM
9. Bid submission end date and time 25-06-2024 till 6:00 PM
10. Bid Validity Period 180 days
11. Mode of Submission Online through CPP Portal

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S.N. Particular Details
Opening of Technical Bid date and 27-06-2024 at 11:00 AM
12.
time
13. Opening of Financial Bids Shall be notified later
14. Mode of tendering Single stage two separate packet
15. Consortium/Joint Venture Not allowed
16. RFP document Fee NIL
17. Bid Security Rs. 67,500/-
“Secretary SAI,
Bank Account Details of the Union Bank of India
18.
Authority Account No: 108510011000101,
IFSC No. UBIN0810851
Authority’s Representative for this Deputy Director (Infra), SAI
19. RFP purpose & Address of
Correspondences Email: [email protected]

20. Performance Security 3% of the quoted PMC Value

Within 14 days of issue of Letter of Award
21. Submission of Performance Security
(LOA)
22. Signing of Agreement Shall be notified later

3. INSTRUCTIONS TO BIDDERS

3.1. The Bidders can download this RFP from the website: http://sportsauthorityofindia.nic.in &
CPP Portal website: http://eprocure.gov.in/eprocure/app. Subsequently, bid has to be
prepared and submitted ONLINE ONLY as per the Bid Schedule as more particularly
specified in Clause 2 of this RFP. Definitions and Abbreviations: The following
definitions and abbreviations, which have been used in these documents shall have the
meanings as indicated below:

3.2.1. “Procuring entity”, “Authority” means the organization purchasing services as

incorporated in this document i.e., Sports Authority of India (SAI).
3.2.2. “Bid” (including the term ‘tender’, ‘offer’, ‘quotation’ or ‘proposal’ in certain
contexts) means an offer to offer services in accordance with the terms and
conditions set out in this RFP;
3.2.3. “Agency”, “Firm”, “Company”, “Bidder”, “Consultant”, “Service Provider” means
any CPSU/State PSUs/ any other Central/ State Government organization/ PSU
notified by the Ministry of Urban Development (MoUD) who submit their proposals
for providing Services in accordance with this RFP.
3.2.4. “Services” means services as mentioned in this document and other such obligations
of the supplier covered under the contract.
3.2.5. Terms of Reference (TOR) means the document included in the RFP which explains
the scope of work, activities and tasks to be performed.

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 3.2.6. “Letter of Award” or “LOA” means the letter issued by SAI to the Successful Bidder
to undertake and execute the project in conformity with the terms and conditions set
forth in the RFP and any subsequent amendments thereof.
3.2.7. “MoU” means Memorandum of Understanding i.e., the written agreement entered
between the procuring entity and the Project Management Consultancy, together with
all the documents mentioned therein and including all attachments, annexure etc.,
therein.
3.2.8. “Party” means the Client or the Bidder, as the case may be, and “Parties” means both
of them.
3.2.9. ”RFP” means this Request for Proposal issued by Sports Authority of India for the
purpose as mentioned in this document.
3.2.10. “Performance Security” means monetary or financial guarantee to be furnished by the
successful bidder for due performance of the contract placed on it. Performance
Security is also known as interest free Security Deposit.

3.3. The Bidders participating for the first time for e-Tenders on e-Tendering portal will have to
complete Online Registration Process on the e-Tendering portal as mentioned in Annexure
X. This section also mentions the guidelines for submission of bids.

4. LANGUAGE OF BID

The Bid submitted by the Bidder and all subsequent correspondence and documents relating
to the Bid exchanged between the Bidder and SAI, shall be written in the English language.
However, the language of any printed literature furnished by the Bidder in connection with
its Bid may be written in any other language provided the same is accompanied by an
English translation and, for purposes of interpretation of the Bid, the English translation shall
prevail.

5. DOCUMENTS TO BE SUBMITTED

5.1. All the documents are to be mandatorily uploaded online as per the instruction for online
bid submission detailed in this RFP document as detailed in Annexure II-‘Documents to be
Submitted’.

6. ELIGIBILITY CRITERIA

6.1. Each Bidder should qualify against all the pre-qualification/eligibility criteria as detailed in
Clause 1 of Annexure III- Eligibility & Evaluation Criteria.

6.2. Bids of the Bidders, who do not meet the required Qualification/Eligibility Criteria
mentioned in this RFP shall be treated as non – responsive and their bid will not be
considered further.

7. RFP PROCESS

7.1. RFP issued by SAI constitutes a request for Bids from eligible Bidders (as determined in
accordance with the eligibility criteria as per Clause 6 above) to be PMC (after evaluation
of eligible bidders), subject to the terms of this RFP, Tender Documents and the Service
Agreement.

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 7.2. This RFP is no more than a request for proposal, and it does not and is not intended to
constitute a contract or a grant of any rights or licenses, or an offer which is capable of
acceptance by any Bidder or any other person. The grant of any rights or formation of any
contractual relationship shall be conditional upon acceptance by SAI of the Bidder’s Bid
and the execution of the Service Agreement by both SAI and the Bidder/Service Provider.

7.3. This RFP is only illustrative in nature and all narrations are intended to be used by the
Bidder as preliminary background information. This RFP does not necessarily contain all
the relevant information in relation to the Bid process and SAI reserves the right to
withdraw the RFP and/ or add, amend, review the requirements or information contained
in this RFP at any time prior to the submission of the Bid.

7.4. Memorandum of Understanding (MOU): The MOU between PMC and SAI will be
executed as per the Annexure ‘A’ based on the Manual for Procurement of Works 2022.

7.5. The term of association shall be for 12 months from the date of execution of MoU followed
by 12 months of Defect liability period, (excluding the interim period between submission
of DPR to award of work) or until completion of all contractual obligations as per RFP
whichever is later. SAI reserves the right to renew/extend the contract in writing for a
further period at the same price.

8. BID VALIDITY

8.1. The Bid shall remain valid for acceptance for a period of 180 days (One Hundred Eighty
days) after the date of Bid opening prescribed in the Bidding Document. Any Bid valid for
a shorter period shall be treated as unresponsive and rejected. On completion of the
validity period, unless the Bidder withdraws the Bid in writing, it will be deemed to be
valid until such time that the Bidder formally (in writing) withdraws the same.

8.2. In exceptional cases, the Bidders may be requested by SAI to extend the validity of their
Bids up to a specified period. The Bidders, who agree to extend the Bid validity, are to
extend the same without any change or modification of their original Bid.

8.3. In case the day up to which the Bids are to remain valid falls on or subsequently declared a
holiday or closed day for SAI, the Bid validity shall automatically be extended up to the
next working day.

9. BID PRICES

9.1. The Bidder providing services shall quote their service charge as Percentage (%) of
estimated cost.

9.2. The Bidder shall indicate in the Price Schedule provided on CPP Portal all the specified
components of prices shown therein. All the columns shown in the price schedule should
be filled in as required.

9.3. If any firm quotes NIL charges / consideration, the bid shall be treated as unresponsive and
will not be considered.

10. EARNEST MONEY DEPOSIT/BID SECURITY

10.1. The bidder shall furnish Bid Security for an amount as shown in the bid document. The
Bid Security is required to protect the Procuring entity against the risk of the bidder’s

7
 unwarranted conduct. Non-submission of Bid Security will be considered as major
deviation and bid will not be considered.
10.2. In case, as per notification of Government of India, the bidder falls in the category of
exemption of Bid Security, it should furnish the relevant notification along with required
documents like valid Registration Certificate etc.

10.3. The bidder seeking EMD exemption, must submit the valid supporting document for the
relevant category as along with the bid.

10.4. The Bid Security shall be furnished in one of the following forms:
a) Account Payee Demand Draft
b) Fixed Deposit Receipt
c) Banker’s cheque / Pay Order
d) Bank Guarantee (including e-PBG) from any of the commercial banks (as per the
format at Annexure V),
e) NEFT transfer to “Secretary SAI, Union Bank of India Account No:
108510011000101, IFSC No. UBIN0810851. (Bidder has to upload challan/proof along
with Bid on CPP Portal).
f) Valid Insurance Surety Bonds

10.5. The Demand Draft, Fixed Deposit Receipt, Banker’s Cheque, Insurance Surety Bonds or
Bank Guarantee (including e-PBG) shall be drawn on any Commercial Bank in India, in
favour of the “Secretary, Sports Authority of India”, payable at New Delhi. In case of
Bank Guarantee, the same is to be obtained from any commercial bank in India as per the
format specified under Annexure V of the Bid Document.

10.6. The Bid Security shall be valid for a period of forty-five (45) days beyond the validity
period of the bid.

10.7. Earnest Money is required to protect the Procuring entity against the risk of the bidder’s
conduct, which would warrant the forfeiture of the EMD. Earnest money of a bidder will
be forfeited, if the bidder withdraws or amends its tender or impairs or derogates from the
tender in any respect within the period of validity of its tender or if it comes to notice that
the information/documents furnished in its tender is incorrect, false, misleading or forged
without prejudice to other rights of the Procuring entity. The successful bidder’s earnest
money will be forfeited without prejudice to other rights of Procuring entity if it fails to
furnish the required performance security within the specified period.

10.8. Bid Security of a bidder will be forfeited, if the bidder withdraws or amends its bid or
impairs or derogates from the bid or is breach of any condition of the tender documents in
any respect within the period of validity of its bid without prejudice to other rights of the
Procuring entity. Further, if successful bidder fails to furnish the required Performance
Security and sign the contract / agreement within the period as specified by SAI in the
Letter of Intent/ Notification of Award (NoA), its Bid Security/EMD will be forfeited.

10.9. 'Bid securities of the unsuccessful bidders shall be returned to them before expiry of the
final bid validity and latest on or before the 30th day after the award of the contract'. Bid
securities of unsuccessful bidders during first stage i.e., technical evaluation etc. shall be
returned within 30 days of declaration of result of first stage i.e., technical evaluation etc.

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11. BIDDERS QUERIES AND RESPONSES THERETO

11.1. All enquiries from the Bidders relating to this RFP must be submitted exclusively to the
contact person on the email ID [email protected]. The queries should necessarily be
submitted on or before scheduled date and time mentioned in the following format:

To,
Sports Authority of India
BIDDER’S REQUEST FOR CLARIFICATION
Name of Organization Name & position of Full formal address of the organization
submitting request person submitting including phone and email points of
request contact.
Tel:
Email:
Sl. Bidding Document Content of RFP requiring Points of Clarification required.
No. Reference(s) (Clause clarification
number/page)
1
2

11.2. A Bidder requiring any clarification or elucidation on any issue of the Bidding Documents
may take up the same with SAI in writing. SAI will respond in writing to such request in
pre-bid conference as per the bid schedule. All enquiries should be sent to SAI through
email only. SAI shall not be responsible for ensuring that Bidder’s enquiries have been
received by them. SAI will endeavour to provide a complete, accurate, and timely response
to all questions to all the Bidders. However, SAI makes no representation or warranty as to
the completeness or accuracy of any response, nor does SAI undertake to answer all the
queries that have been posed by the Bidders. All responses given by SAI will be
distributed/mailed to all the Bidders or posted on the online portal/website. Bidder should
regularly visit the portal for any updates/corrigendum.

11.3. SAI will host a Pre-Bid Conference (Hybrid/virtual), scheduled as per the details in the Bid
Schedule. The representatives of the interested Bidders may attend the pre-bid conference
at their own cost. The purpose of the conference is to provide Bidders with information
regarding the RFP and discuss bidder’s queries, together with proposed solutions. SAI
shall provide each Bidder with an opportunity to seek clarifications regarding any aspect of
the RFP during the pre-bid conference. The link shall be provided to the Bidders one hour
prior to the scheduled meet.

11.4. Within reasonable time period from the Pre-Bid Conference, SAI will issue responses to
all of the bidders’ written queries, together with any other revised documents (if required).

11.5. Amendments to Bidding Documents:

i. At any point of time, prior to the deadline for submission of Bids, SAI may, for any reason
deemed fit by it, modify the Bidding Documents by issuing suitable amendment(s) to it.
Prospective bidders are advised to check the same before submission of bids.
ii. Such an amendment will be uploaded on SAI website: sportsauthorityofindia.nic.in, and
CPP portal of Government of India www.eprocure.gov.in. Bidders are, therefore, advised
to refer to SAI website and CPP portal before submitting bids.

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12. SUBMISSION OF BIDS

12.1. Bids to be submitted online as per instructions in Annexure IV of the RFP.

12.2. SAI will open (online) the Bids at the specified date and time and at the specified place as
indicated in the Bid Schedule.

12.3. In case the specified date of Bid opening falls on or is subsequently declared a holiday or
closed day for SAI, the Bids will be opened at the appointed time on the next working day.

12.4. Authorized representatives of the Bidders, who have submitted Bids on time may attend
the bid opening provided, they have their Letters of Authority from the corresponding
Bidders acknowledgement letter of bid submission at CPPP website:
http://eprocure.gov.in/eprocure/app.

12.5. The Technical Bid is to be opened at the prescribed time and date as indicated in RFP Bid
schedule. During the Technical Bid opening, the Bid opening official(s) will read the
Salient Features of the Bids like brief description of the services offered and any other
special features of the Bids, as deemed fit by the Bid opening official(s).

12.6. Financial bids of the technically qualified Bidders shall be opened online at the date, time
and as intimated later on CPPP e-procurement website
https://eprocure.gov.in/eprocure/app The authorized signatories/ representatives of such
Bidders who wish to attend the financial bid opening may please do so by showing their
bid acknowledgement slip.

12.7. Late Bids: Bids received after the specified date and time of receipt of the Bid as
mentioned in the Bid schedule mentioned in Clause 2 of the RFP shall not be considered.

12.8. The Bidders are required to upload the documents as per Documents to be submitted in
Clause 05 & Annexure II of this RFP.

12.9. Bidders shall submit 'Online Bid' only in PDF/Scanned copy. Hard Copy of Bid
documents will not be accepted.

12.10. The Bids submitted must be without any overwriting, interlineations, corrections, double
typing, etc.

12.11. Bidder must ensure that the Technical Bid soft copies do not contain any Commercial
items /prices.

13. SCRUTINY OF BIDS

The Procuring entity/SAI will examine the Bids to determine whether they are complete,
whether the documents have been properly signed, stamped and whether the Bids are generally
in order. Procuring entity will determine the responsiveness of each Tender to the TE
Document without recourse to extrinsic evidence.

13.1. Rejection of Technical Bids - In addition to any other reasons stipulated in this RFP,
technical Bids may be rejected under any of the following circumstances
i. Incomplete bids / conditional bid as indicated in the Bid-related documents, addendum
(if any) and any subsequent information given to the Bidder;

10
 ii. Information that is found to be incorrect/misleading at any stage during the tendering
process;
iii. Inclusion of Financial/Price Bid details in a technical Bid, or technical Bids that reveal
quotations, in any form; and
iv. Non-fulfillment of the eligibility criteria or minimum required score in evaluation
criteria set out in this RFP, by the Bidder.
v. Any Bid that does not comply with the conditions laid down by SAI.
vi. Bids which do not confirm unconditional validity of the bid for 90 days from date of
opening of Bid.
vii. Any other reasons deemed fit by SAI.

13.2. Rejection of Financial/Price Bids -In addition to any other reasons stipulated in this
RFP, financial/price Bids may be rejected under any of the following circumstances:
i. Incomplete Bids that do not set out the Service Fee for the complete Scope of Work as
indicated in the bidding documents, addendum (if any) and any subsequent
information given to the Bidder.
ii. Financial/Price Bids made through Tele fax/Telegraphic/Fax/E-mail/by post.
iii. Bids which do not conform to SAI bid format.
iv. Bids in respect to which the bidder does not accept SAI rectification of
clerical/arithmetic discrepancies in the financial/price bid, if any.
v. Any Financial/Price Bid that does not comply with the conditions laid down by SAI.

13.3. Other Reasons for Rejection of Bid-In addition to any other reasons stipulated in this RFP,
Bids may be rejected under any of the following circumstances:

i. Bids in which the Bidder seeks to influence the SAI bid evaluation, bid comparison or
contract award decisions.
ii. In view of two bid systems, SAI may first open technical bids. If the same is not
complete and lacking with respect to any requirement(s), the same would be rejected
straightaway & without opening the Financial/Price bid.

13.4. Minor infirmity/irregularity/Non-conformity

If during the preliminary examination, the Procuring entity finds any minor infirmity and/
or irregularity and/ or non-conformity in a tender, the Procuring entity may reject or may
convey its observation on such ‘minor’ issues to the bidder by registered / speed post etc.
asking the bidder to response by a specified date. If the bidder does not reply by the
specified date or gives evasive reply without clarifying the point at issue in clear terms,
that tender will be liable to be ignored.

13.5. Discrepancies in Prices

13.5.1. Bidders are advised to exercise adequate care in quoting the prices. No excuse for
corrections in the quoted figures will be entertained after the submission of the Bid.
13.5.2. If, in the price structure quoted by a bidder, there is discrepancy between the unit
price and the total price (which is obtained by multiplying the unit price by the
quantity), the unit price shall prevail and the total price corrected accordingly, unless
the Procuring entity feels that the bidder has made a mistake in placing the decimal
point in the unit price, in which case the total price as quoted shall prevail over the
unit price and the unit price corrected accordingly
13.5.3. If there is an error in a total price, which has been worked out through addition and/or
subtraction of subtotals, the subtotals shall prevail and the total corrected, and

11
 13.5.4. If there is a discrepancy between the amount expressed in words and figures, the
amount in words shall prevail.
13.5.5. If, as per the judgment of the Procuring entity, there is any such arithmetical
discrepancy in a tender, the same will be suitably conveyed to the bidder by
registered/speed post. If the bidder does not agree to the observation of the Procuring
entity, the tender is liable to be ignored.
13.5.6. 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. The amount stated in the proposal form, adjusted in accordance with the
above procedure, shall be considered as binding, unless it causes the overall proposal
price to rise, in which case the proposal price shall govern.

14. EVALUATION CRITERIA

14.1. The Bids will be evaluated based on the QCBS method) and the evaluation criteria as
mentioned in Clause 2 of Annexure III- Eligibility & Evaluation Criteria.

14.2. Overall weightage of 20% for Financial Bid and 80% weightage for Technical Bid shall be
considered while calculating final score.

14.3. A Bidder must get a minimum of 75 marks (out of 100 marks) in the Technical Evaluation
to proceed to opening of Financial/Price bid. The technical score as obtained by the
bidders will be denoted as Ts.

14.4. The Bid of the Bidder who submits the lowest Financial/Price bid shall get the maximum
weightage FS, (100 marks) and the bids of the other Bidders shall be granted weights in
proportion to the Bid of the highest Bidder (bidder who gets the maximum weightage, FS):

FS = 100 x FL/F
where, FS = The Financial score of the financial proposal being evaluated,
FL = The price of lowest priced financial proposal and
F= The price of financial proposal of the concerned bidder

14.5. The Bid of the Bidder, who obtains the highest total score (St= TSX 0.80+FS X0.20) across
the technical bid and the Financial/Price bid, will be rated as the ‘Best Bid’ and will be
declared as the successful Bidder. In the event that one or more Bidders have the same St
value, the Bid with maximum financial weightage (FS), among the bidders with same St
value will be rated as the ‘Best Bid’.

14.6. Further, in the event that one or more Bidders with the same St value also have the same
financial weightage (FS), the bid from the bidder with the highest Technical Score, TS,
will be rated as the ‘Best Bid’. If tie still prevails, then the bidder with maximum average
annual turnover during the last three financial years ending 31st March 2024 will be rated
as the best bid.

14.7. Supporting documents for bid evaluation may also be verified during presentation. The
bidders are advised to make their presentation strictly according to the evaluation criteria
based on the credentials submitted above.

14.8. However, in case of minor deviation and/or minor irregularity and/or minor non-
conformity in the Bid, SAI may waive the same. If a Bid is not Substantially Responsive, it
will be rejected by SAI.

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15. DECLARATION OF SUCCESSFUL BIDDER

15.1. Prior to the expiration of the validity period for the Bid, SAI notify the successful Bidder
in writing by Notification of Award that its Bid has been accepted. SAI will also send to
the successful Bidder, a draft of the Service Agreement, along with the afore-mentioned
notification. The successful Bidder and SAI shall discuss and enter into a mutually
agreeable final written form of the Service Agreement and each party shall retain one
original of the signed Service Agreement. It is clarified that the Service Agreement will
incorporate the provisions and principles of the RFP and the Bid submitted by the
successful Bidder and shall not have terms and conditions more onerous on the Service
Provider than those contained in the RFP.

15.2. The failure of SAI and the successful Bidder to agree to the terms and conditions of the
Service Agreement shall constitute sufficient grounds for the annulment of the successful
Bid, following which SAI may, in its sole discretion, either declare the next best Bid
submitted in response to the RFP notice as the successful Bidder or call for fresh
proposals.

15.3. Upon the successful signing of the Service Agreement by the Bidder and SAI, and the
Service Provider furnishing the Performance Security, SAI will promptly notify the name
of the winning Bidder to each unsuccessful Bidder and refund their respective Earnest
Money Deposits.

15.4. Term of the Service Agreement: The Service Agreement shall commence on the date of its
execution and shall be valid up to the conclusion of the Term.

16. PERFORMANCE SECURITY

16.1. In order to ensure the due performance of the awarded contract, the Successful Bidder
shall, within 14 (fourteen) days of entering into the Service Agreement with SAI, furnish
an irrevocable bank guarantee for an amount of 3.0% of the accepted value of the contract
(“Performance Security”) failing which an amount of 0.1% penalty per day of the
contracted amount will be levied on the Bidder. Penalty is for specified period not
exceeding total one week i.e. 7 days beyond the 14 days and in case failure continues,
necessary action may be initiated against the default as deemed fit by the Competent
Authority of SAI. The decision taken by SAI in this regard will be final and binding on the
PMC.

16.2. The Performance Security in the form of Bank Guarantee (including e-bank guarantee) or
other valid formats like Fixed Deposit/Demand Draft/ NEFT Transfer shall be drawn from
any Commercial Bank drawn in the favour of below account details, payable at New Delhi
and is to be deposited in the office at Sports Authority of India (SAI) Gate No 10, JN
Stadium New Delhi 110003 and/or intimated to the office through mail.
Secretary SAI
Union Bank of India
Account No: 108510011000101,
IFSC No. UBIN0810851

The format for performance security of submitted in form Bank guarantee is attached at
Annexure XII.

16.3. The Performance Security shall be valid for a period of 60 (sixty) days from the date of
expiry of all contractual obligations, including defect liability period. The Performance

13
 Guarantee shall be revalidated and replenished immediately upon invocation by SAI. It
may require revalidation from time to time as the case may be.

16.4. All incidental charges whatsoever such as premium and commission with respect to the
Performance Security shall be borne by the Service Provider. No interest will be payable
on the Performance Security by SAI.

16.5. In the event of any failure/any breach or violation on the part of the Service Provider,
which is not cured within reasonable time from receiving a written notice of such failure
from SAI, to comply with the requirements of the scope of work specified in this RFP,
shall constitute sufficient grounds and entitlement for the enforcement of the Performance
Security by SAI.

17. SCOPE OF WORK &TIMELINES OF THE PROJECT

17.1. SAI intends to implement the project in single phase. The tentative scope of work is
mentioned in Annexure I. The, exact timeline will be discussed and finalized during
contract signing.

17.2. The term of association shall be for 12 months from the date of execution of MoU
followed by 12 months of Defect liability period, (excluding the interim period between
submission of DPR and implementation of project) or until completion of all contractual
obligations as per RFP whichever is later. SAI reserves the right to renew/extend the
contract in writing for further period at the same price (monthly rates for implementation
support finalised in the tender). The resources with proper qualifications as required by
SAI should be deployed within 30 days from the date of notification of award. If extension
is needed in deployment of an employee, it should be properly informed to SAI authorities
in advance.

18. MANPOWER REQUIREMENT

18.1. Bidder shall provide required number of skilled personnel each responsible for a specific
role within the system as defined in Annexure I, Bidder must provide clear definition of
the role and responsibility of each individual personnel as part of its proposal.
18.2. Bidder shall have a defined hierarchy and reporting structure for various teams that shall
be part of the project.
18.3. The Annexure I lists the minimum number and credentials of the key resources required
for the successful implementation of the project. However, the Bidder shall account for
any additional resources to be positioned for successful and timely completion of the
project.
18.4. SAI reserves the right to interview all the proposed resources before accepting deployment
in the project.
18.5. Bidder shall use commercially reasonable efforts to ensure it retains the services of its Key
resources, including provisioning of competitive compensation, benefits and other
conditions to its Resources to incentivize them to remain in Bidder’s employment.
18.6. Bidder shall not make any changes to the composition of the Key resources and not require
or request any member of the Key resource to cease or reduce his or her involvement in the
provision of the Services during the Term (or agree to any request other than from SAI that
would have the same effect):
o Unless that person resigns, is terminated for cause, dies, is long-term disabled, is on
permitted mandatory leave under Applicable Law or retires; or
o Without SAI’s prior written consent.

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18.7. In case the resource has resigned then the bidder must inform within one week of such
resignation.
18.8. Bidder shall promptly initiate a search for a replacement to ensure that the role of any
member of the Key resource is not vacant for any longer than 10 days, subject to
reasonable extensions requested by Bidder to SAI.
18.9. Before assigning any replacement member of the Key Resources to the provision of the
Services, Bidder shall provide SAI with:
o Curriculum vitae and any other information about the candidate that is reasonably
requested by SAI; and
o An opportunity to interview the candidate.
18.10. The bidder must provide replacement resource who score at least the same marks as the
resource proposed originally on the same evaluation parameters defined in this Term of
Reference document.
18.11. If SAI objects to the appointment, Bidder shall not assign the individual to that position
and shall seek an alternative resource.
18.12. The bidder must ensure at least 4 weeks overlap period for knowledge transfer in such
replacements.
18.13. During the implementation of the project, there will be a fortnightly review /regarding the
progress of the project during which all the resources should be present.
18.14. The bidder will be responsible to provide resources with laptops enabled with required
tools related to work and development environment for completing this engagement.
18.15. The Bidder will immediately provide for replacement of resources in the event if SAI is
not satisfied with the resource.

19. TERMS OF PAYMENT

19.1. The payment shall be released as per the terms indicated in the Draft MoU at Annexure
XIII, and the same is reproduced as below:

 ‘Procuring Entity’ shall accord Administrative Approval (A/A) and Expenditure Sanction
(E/S) to preliminary estimate submitted by ‘Project Management Consultant’ and release
the initial deposit 10% of the estimate amount to ‘Project Management Consultant’ if the
estimate cost is up to Rs. 7.50 Crores. If the estimate cost of the work exceeds Rs. 7.50
Crores., the initial deposit may be Rs. 0.75 Crores + 5% of the estimated cost beyond Rs.
7.50 Crores. The initial deposit shall be deposited soon after accord of A/A & E/S. The
subsequent fund demands should be released as per the requirement projected in form 65
CPWD manual along with Utilization certificate (GFR 12C), Progress report and latest
photographs of the project. The deposit of 2.5% of the tender cost shall be retained by
‘Procuring Entity’ and will be released against submission of final bills.
 The fund subsequent to Initial Deposits shall be released by ‘Procuring Entity’ to ‘Project
Management Consultant’ within 4 (four) weeks of submission of request by ‘Project
Management Consultant’ along with all documents as described in Clause – C 1, above. As
per the monitoring of physical and financial progress indicators, ‘Procuring Entity’ will
take necessary steps for recoupment of the monthly expenditure incurred. Advance
recoupment up to 10 % of tender value can be claimed by the PMC with every fund
demand.
 If any fund requirement is specifically made by ‘Project Management Consultant’ after the
work has been assigned to ‘Project Management Consultant’ for undertaking pre-
construction activities related to the Project Execution etc., the same shall be released by
‘Procuring Entity’ within 2 (two) weeks of such specific demand provided the amount is

15
 within ceiling limit of Rs 25 lakhs (twenty-five) lakhs. The amount so released to ‘Project
Management Consultant’ shall be adjusted from, Initial Deposit amount.
 ‘Project Management Consultant’ shall intimate ‘Procuring Entity’ about any excess
expenditure likely to be incurred over and above the approved Projected Cost, as soon as it
comes to the knowledge along with reasons and justifications thereof for necessary
approvals from ‘Procuring Entity’ before continuing/ incurring the extra/ additional
expenditure.
 Agency charges will be released as Percentage (%) on every expenditure statement
submitted by the PMC. The final 5% of PMC charges will be released on final bill of the
work after submission of satisfactory work completion certificate.
 The ‘Project Management Consultant’ shall be responsible for certifying and making
payment of Bills of the Contractors/ Agencies engaged by them and make available Final
Statement of Accounts in Standard Format to ‘Procuring Entity’ & also provide copies of
Final Bills for all Contract Packages and other expenditure incurred related to Project
Construction after the Completion of the Work. In addition, should ‘Procuring Entity’ ask
for any other details from ‘Project Management Consultant’ regarding Utilization of Fund
at any stage, Detailed Estimates, Technical Sanctions, Award of Works, Running Bills etc.,
the same shall be provided by ‘Project Management Consultant’ readily.
 No other Tax, Cess and Levy, except GST as applicable, shall be paid to the PMC
over their Service Charges/ consultancy fees. Recoveries for Income Tax, Education
Cess or any other taxes as per prevailing statutory requirements shall be made from
the payments of Service Charges made periodically to the PMC. However, if any new
tax structure is introduced by Govt. after the last date of submission of bid for RFP, it
shall be reimbursed/ deducted accordingly.

19.2. In the event SAI proposes any changes/clarifications/improvement in DPR, the same shall
be done at no additional cost to SAI.

19.3. Time and quality shall be the essence of the contract.

19.4. Payment for the work executed beyond stipulated period of completion and if such delay
is attributable to PMC will attract penalty as per clause 21. In no circumstance, any
payment beyond contractual obligations carrying no approval from SAI will be made to
the service provider.

19.5. Service Provider should furnish details of the location from where they are going to raise
their Bills / Invoices to SAI.

19.6. Payment to PMC shall be subjected to deductions of any amount for which the service
provider is liable under the tender conditions. Further, all payments shall be made subject
to deduction of TDS (Tax deduction at source) as per the current Income-Tax Act and /or
any other Govt. Orders / rules. The service provider shall be liable for taxes such as GST
or any other applicable tax.

19.7. SAI will pay the amount as per the fund demand raised in form of Form-65 along with
Utilization certificate- 12 C (as per CPWD manual) by way of e-
transfer/RTGS/NEFT/CNA system/Public financial management system, subject to
satisfactory work and other parameters as may be defined by SAI.

19.8. Service Provider has to take all overhead costs into consideration while submitting the
bid.

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20. OTHER TERMS AND CONDITIONS OF THE BID

20.1. All information / details submitted to SAI shall be supported by documentary proof duly
certified by the authorized signatory of the Bidder.

20.2. Save as expressly authorized by SAI in writing, the Service Provider shall not, without the
prior express approval of SAI, incur any liabilities on behalf of SAI, pledge the credit of
SAI or make any representations or give any warranty on behalf of SAI.

20.3. The mere submission of Bids in response to this RFP by a Bidder, or the rejection thereof
by SAI, in its absolute discretion, shall not itself constitute any relationship, legal or
otherwise, between SAI and the Bidder or give rise to or be deemed to give rise to any
cause or grievance to the Bidder against SAI and further shall not for any reason or in any
manner confer on the Bidder any right or entitlement to raise any claim regarding any term
or condition contained herein nor in respect of any act or omission or decision taken by
SAI.

20.4. The Bidder must strictly comply with all terms and conditions herein. SAI reserves the
right to call upon any or all the Bidders to satisfy SAI regarding the correctness and
genuineness of any document submitted or information furnished by the Bidder or may
call for any additional documents / information from the Bidders to verify the information
provided by the Bidder or may further seek any clarification or elaboration from the
Bidder at any time prior to the finalization of the Bid. However, this shall not be construed
to confer any kind of right or entitlement on the Bidder to submit any additional document
/ information after the submission of its Bid. Further, SAI may call upon any or all the
Bidders to make a presentation to SAI in respect of the capabilities represented by the
Bidder at any time prior to the finalization of the Bid. Any Bidder who refuses to or
otherwise neglects to make such presentation to SAI shall not be considered for any further
evaluation and shall stand immediately disqualified.

20.5. SAI is under no obligation to declare the Bidder quoting the lowest fees as the successful
Bidder. The quality of services anticipated to be provided by the Bidder (to be determined
primarily on the basis of the documents/information provided by the Bidder) shall be
material criteria for awarding the contract as defined in Clause 14 of this document.

20.6. The Bidder shall maintain and provide, at its own expense and to the reasonable
satisfaction of SAI, such offices and other premises, as may be necessary for the efficient
and effective performance of its obligations under the scope of work.

20.7. Privileges: The following privileges shall be extended to the Service Provider:

a. Performance certificate to be issued by SAI to the Service Provider upon the

satisfactory discharge of its services in respect of each Phase of the project.
b. Successful completion certificate to be issued by SAI after completion of contract to
the satisfaction of SAI.

20.8. Governing Law and Jurisdiction: The RFP and the relationship between the Bidder and
SAI shall be interpreted in accordance with the laws of India. The courts of Delhi shall
have exclusive jurisdiction over any dispute arising in relation to the RFP and/or the
relationship between the Bidder and SAI.

20.9. It will be the responsibility of each Bidder to fully acquaint itself with all operational
and legal conditions and factors which may have any effect on the execution of the

17
 awarded contract as described in the RFP. SAI shall not entertain any request for
clarification from the Bidder in relation to such operational or legal conditions. Further,
no financial adjustments to the Bids shall be made subsequent to the submission of the
Bid on any account whatsoever, including on account of the failure of the Bidder to
apprise itself of any legal or local operational conditions / factors. The Bidder cannot be
taken over/bought over by another company, except with the prior written approval and
terms and conditions of SAI and subject to the condition that all the obligations and
execution responsibilities under the agreement with SAI, should be passed on for
compliance by the new company in the negotiation for their transfer. Any such change
should be brought to the notice of SAI within 30 days of such change. In case of non-
compliance, the award/ bid process shall be terminated with immediate effect. SAI may,
at any time, immediately terminate the contract by giving written notice to the
successful Bidder without any compensation or liability, if the Bidder commits any
breach of contract, has misrepresented or becomes bankrupt or otherwise insolvent,
and/or SAI is not satisfied with the work of the Bidder provided that such termination
will not prejudice or affect any right of action or remedy which has accrued or will
accrue thereafter to SAI. However, in the event SAI, wishes to terminate for
convenience, it shall serve a notice period of 30 days to the Bidder, without any cost
and/or liability.

20.10. The bidder must monitor and deploy sufficient skilled manpower as defined in
Manpower Requirement to complete the deliverables as per timelines mentioned in
Scope of Work. However, the manpower as deployed by the Bidder, shall remain in the
employment of the Bidder for all purposes and there shall be no employer-employee
relationship between SAI and personal employed by the Bidder. The relationship
between SAI and the Bidder shall be on principal basis only.

20.11. The bidder has to ensure proper deployment of resources at site during all phases and
the deployment plan should be approved by the Procuring entity in advance.

20.12. It will be responsibility of the bidder to ensure and verify the educational qualifications
and experience of the resources deployed in the project.

20.13. The bidder shall be responsible for ensuring timely payment to the resources deployed
in the project and complying to all laws of the land including statutory liabilities while
doing the same.

20.14. The bidder is required ensure the availability of Manpower as mentioned in Annexure I
of this RFP and any unauthorized absence of resources for a period of more than 1 week
after requirement will attract penalties as detailed below:

 For Team Leader: An amount of Rs. 5,000 per day for any unauthorized
absence.
 For Sr. Engineer/Engineer: An amount of Rs. 1,000 per day for any
unauthorized absence

21. PENALTY

21.1. PMC shall be required to complete the construction of project within the period
stipulated in this MOU. In case of delay, which may occur due to the reasons beyond the
control of PMC, PMC would approach SAI with full details/justification for extension in
time limit for completion of the works.

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 21.2. In case, completion of the project is delayed due to reasons solely attributable to the
contractors/Agencies/Suppliers engaged for the project by the PMC, the PMC shall
impose liquidated damages @ 0.50% (Zero point Five Zero percent) on awarded contract
value for each week of delay subject to a maximum of 10% (ten percent) of the awarded
contract value and the benefit shall be passed on to SAI. Further, No extension of time
shall be granted to the Contractor without the approval from SAI for such extension.

21.3. If the PMC fails to perform any of the Services under this document within the requisite
time period as mentioned in this document, for reasons he must warrant, SAI shall,
unless the Special Conditions include a derogation, be authorized to inflict a penalty of
0.5% (zero point five percent) of the total Service Charge payable to the PMC by the
SAI for every week of delay, subject to a cap of 5% of the total Service Charge payable
to the PMC. Beyond such penalty, SAI may have right to terminate / review of the
Contract.

21.4. If the completion of project is delayed by up to 6 months due to derogation, or any

unforeseen situation which is mutually agreeable between PMC and SAI there will not
be levy of any penalty charged on PMC.

21.5. No Penalty will be imposed for delay attributable to SAI or reasons which fall within the
definition of Force Majeure as per 27 of this RFP.

21.6. Any compensation levied by the PMC due to non-fulfillment of any clause of the
contract by the contactor or any recovery from the contractor for bad work or any other
reasons whatsoever shall be passed on to SAI.

22. GENERAL TERMS AND CONDITIONS OF CONTRACT

22.1. Any default or breach in discharging obligations under this RFP by the selected Bidder
while rendering services / supplies to SAI, shall invite all or any actions / sanctions, as the
case maybe. The decision of SAI arrived at as above will be final and no representation of
any kind will be entertained on the above. Any attempt by any bidder to put pressure of
any kind, may disqualify the bidder for the present RFP and the bidder may also be liable
to be debarred from bidding for SAI /SAI RFPs in future for a period of at least three
years.

22.2. SAI reserves the right to modify and amend any of the stipulated condition/criterion given
in this RFP, depending upon project priorities vis-à-vis urgent commitments.

22.3. SAI also reserves the right to accept/reject a bid, to cancel/abort RFP process and/or reject
all bids at any time prior to award of work without thereby incurring any liability to the
affected agencies on the grounds of such action taken by SAI.

22.4. SAI may not award the work to the successful bidder at its own discretion without
assigning any reason thereof.

22.5. Any default by the bidders in respect of RFP terms & conditions will lead to rejection of
the bid.

22.6. The decision of SAI arrived during the various stages of the evaluation of the bids is final
& binding on all bidders. Any representation towards these shall not be entertained by
SAI. Reasons for rejecting a bid will be disclosed only when an enquiry is made by the
concerned bidder.

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22.7. In case the bidder is found in-breach of any condition(s) of RFP at any stage during the
course of project deployment period, the legal action as per rules/laws will be taken.

22.8. Any attempt by bidder to bring pressure towards SAI’s decision making process, such
Bidder shall be disqualified for participation in the present RFP and those Bidders may be
liable to be debarred from bidding for SAI tenders in future for a period of three years.

22.9. Printed/written conditions mentioned in the RFP bids submitted by Bidder will disqualify
them and will not be binding on SAI.

22.10. Upon verification, evaluation/assessment, if in case any information furnished by the

Agency is found to be false/incorrect, their total bid shall be summarily rejected and no
correspondence on the same, shall be entertained. SAI will not be responsible for any
misinterpretation or wrong assumption by the Agency, while responding to this RFP.

22.11. Only those bidders, who satisfy the eligibility requirements and accept the terms and
conditions of this RFP document, shall be short-listed for further evaluation.

22.12. It is urged through this RFP that misrepresentation of facts shall be dealt with seriously
and may lead to barring of the bidder from all Sports Authority of India tenders/RFPs for
a period of 3 (three) years.

22.13. Bidders are requested to share information which is true and based some tangible proofs.

23. PATENTS, COPYRIGHT & INTELLECTUAL PROPERTY RIGHTS, SOURCE

CODES

23.1. Intellectual Property Rights for any software property and documents (including design,
drawings, plans, source codes, databases, documents, training manuals, course content
etc.) Developed for this project shall lie with the Procuring entity in perpetuity for all
purposes. The Intellectual Property Rights of all the software code, design, drawings,
plans, data, algorithms, documentation, manuals, etc. Generated as a part of
implementation of this project shall solely vest with the SAI/Procuring entity.

23.2. The Bidder shall ensure that there is no infringement of any Intellectual Property Rights
(IPR) of third parties. However, if a third party claims that a product delivered by the
Bidder/ to Procuring entity infringes that party’s patent or copyright/IPR’s in any form, the
Bidder shall keep SAI/Procuring entity fully indemnified in this regard and shall defend
Procuring entity against that claim at the Bidder’s/ expense and pay all costs, damages, and
attorney’s fees that a court finally awards or that are included in a settlement approved by
the Bidder.

23.3. The Bidder shall provide as built drawings (civil, electrical or any other drawings and
designs as per the requirement of SAI)/layout plans (civil, electrical or any other drawings
and designs as per the requirement of SAI). Any changes/ updates in these design and
drawing done by the Bidder as part of the deliverables of the project during the contract
period shall be provided to Procuring entity as and when done. At the end of the contract
period, final documentation shall be provided by the selected bidder to Procuring entity
with all updates and modifications failing which may lead to revoking the performance
security by Procuring entity.

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 23.4. The Bidder agrees and acknowledges that all Intellectual Property Rights of work created
by the Bidder in pursuance to this RFP/Tender Documents shall stand vested in favour of
SAI for all purposes.

24. REPRESENTATIONS AND WARRANTIES

24.1. SAI, along with its employees, representatives, advisers, make no representation or
warranty and shall have no liability to any person including any Bidder under any law,
statute, rules or regulations or tort, principles of restitution or unjust enrichment or
otherwise for any loss, damages, cost or expense which may arise from or be incurred or
suffered on account of anything contained in this RFP or otherwise, including the
accuracy, adequacy, correctness, reliability or completeness of the RFP and any
assessment, assumption, statement or information contained therein or deemed to form part
of this RFP or arising in any way in this Selection Process.

24.2. SAI 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.

24.3. The Bidder represents that all the information provided are truthful information without
concealment of any facts. In case, at any stage, it is found that any information given by
the Bidder is false / incorrect / concealed, then SAI shall have the absolute right to take
any action as deemed fit including but not limited to dropping the Bidder from
consideration for award of work and/or blacklisting etc. Without incurring any liability to
the affected bidder(s) on the ground of SAI/SAI/MYAS’s action.

24.4. The Bidder represents that no effort has been used by the Bidder to influence the Bid
comparison / evaluation / work award decision by way of overt / covert canvassing. Such
an effort shall result in non-consideration / rejection of its Bid.

25. INDEMNIFICATIONSAND LIABILITIES

25.1. The bidder shall fully indemnify, hold harmless and defend MYA&S,SAI and its
Officers/Employees/Agents/Stockholders/Affiliates from and against all claims, demands,
actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses
(including but not limited to reasonable attorney’s fees and costs), whether or not
involving a third party claim including claims for infringement of Intellectual Property
Rights, which arise out of or relate to:
i. any breach of any representation or warranty of the bidder contained in the RFP;
ii. any breach or violation of any covenant or other obligation or duty of the bidder under this
RFP.SAI accepts no liability of any nature whether resulting from negligence or
otherwise however caused arising from reliance of any Bidder upon the statements
contained in this RFP.

25.2. SAI reserves the right to accept or reject any or all proposal (s) or to annul the RFP process
in to and reject all proposals at any time prior to award of contract without assigning any
reason whatsoever and without thereby incurring any liability to the affected bidder (s) on
the ground of SAI action.

25.3. The Bidder shall bear all its costs associated with or relating to the preparation and
submission of its Bids including but not limited to preparation, copying, postage, delivery
fees, expenses associated with any demonstrations or presentations which may be required
by SAI or any other costs incurred in connection with or relating to its Bids. All such costs
and expenses will remain with the Bidder and SAI shall not be liable in any manner

21
 whatsoever for the same or for any other costs or other expenses incurred by the Bidder in
preparation or submission of the Bids, regardless of the conduct or outcome of the
Selection Process.
25.4. The Successful Bidder shall at all times indemnify and keep indemnified SAI against all
claims/third party claims/damages etc. For any infringement of Intellectual Property Rights
(IPR) while providing its services under the Project.

25.5. The Successful Bidder shall at all times indemnify and keep indemnified SAI against any
claims in respect of any damages or compensation payable in consequences of any
accident, demise, or injury sustained or suffered by its (the Successful Bidder’s)
employees or agents or by any other third Party resulting from or by any action, omission
or operation conducted by or on behalf of the Successful Bidder.

25.6. The Successful Bidder shall at all times indemnify and keep indemnified SAI against and
any claims by Employees in respect of wages, salaries, remuneration, compensation or the
like.

25.7. All claims regarding indemnity shall survive the termination or expiry of the Contract

26. Termination

26.1. By SAI: SAI may, without any prejudice to any other remedy for breach of agreement, by
not less than 60 days written notice of termination to the Project Management Consultant,
terminate this agreement in whole or in part if:
i. The PMC fails to provide any or all of the services within the period(s) specified in
the agreement or within any extension thereof granted by SAI pursuant to the
condition of agreement or fails to remedy a failure in performance of their
obligations here under within such period as SAI may have approved in writing.
ii. The PMC becomes insolvent or bankrupt or enter into any agreements with their
creditors for relief of debt or take advantage of any law for benefit of debtors or go
into liquidation or receivership whether compulsory or voluntary.
iii. The PMC fails to comply with any final decision reached as a result of arbitration
proceedings.
iv. The PMC submits to SAI a statement which has a material effect on the rights,
obligations, or interests of SAI.
v. The PMC, in the judgment of SAI has engaged in corrupt or fraudulent practices in
executing the agreement.
vi. SAI, in its sole discretion and for any reason whatsoever, decides to terminate this
contract.

26.2. By PMC: PMC may, by giving 60 days written notice sent to SAI, terminate this
agreement. In case the PMC terminates the agreement by giving 60 days notice, SAI will
be free to encash the Performance Guarantee as mentioned above.

26.3. Payment upon termination: Upon the termination of this contract SAI shall after adjusting
dues, if any recoverable from the PMC make the payment to the PMC. In the event of
termination PMC shall be paid for the services rendered satisfactorily for carrying out the
assignment up to the date of notice of termination.
26.4. Consequences of termination: In the event SAI terminates agreement in whole or in part
pursuant to conditions of agreement, SAI may procure, upon such terms and in such
manner as it deems appropriate, services similar to those undelivered and the PMC shall be
liable to SAI for any excess cost for such similar services. However, the PMC shall
continue the performance of the agreement to the extent not terminated and the PMC shall

22
 have no claim to compensation for any loss that he may thus incur on account of the action
of SAI.
i. In case of termination during the agreement period, SAI will have the right to retain the
documents prepared by the PMC during the agreement period of construction of the project
and the PMC shall have no right to use the same in any other project without the permission
of SAI. The decision of SAI in this regard will be binding on the PMC.

27. FORCE MAJEURE

27.1. For purposes of this Clause, “Force Majeure” means an event beyond the control of the
Successful bidder and not involving the Successful bidder’s fault or negligence and not
foreseeable. Such events may include, but are not limited to, acts done in sovereign or
contractual capacity, wars or revolutions, fires, floods, epidemics, pandemics quarantine
restrictions lockdowns and freight embargoes. The Successful Bidder shall not be liable for
imposition of any such sanction so long the delay and/or failure of the Successful Bidder in
fulfilling its obligations under the contract is the result of an event of Force Majeure.

27.2. If a Force Majeure situation arises, the Successful Bidder shall promptly notify SAI, New
Delhi in writing of such conditions and the cause thereof within 7 (seven) days of
occurrence of such event. Unless otherwise directed by SAI, New Delhi in writing, the
Successful Bidder shall continue to perform its obligations under the contract as far as
reasonably practical and shall seek all reasonable alternative means for performance not
prevented by the Force Majeure event.

27.3. If the performance in whole or in part or any obligation under this contract is prevented or
delayed by any reason of Force Majeure for a period exceeding 60 (sixty) days, SAI may
at its option terminate the contract without any financial repercussion on either side.

27.4. In case due to a Force Majeure event SAI, New Delhi is unable to fulfill its contractual
commitment and responsibility, SAI, New Delhi will notify the Successful Bidder
accordingly and subsequent actions taken on similar lines described in above sub-
paragraphs.

28. DISPUTE SETTLEMENT MECHANISM

28.1. All disputes or differences arising out of or in connection with the present contract
including the one connected with the validity of the present contract or any part thereof
should be settled by bilateral discussions. SAI and the Successful bidder shall make every
effort to resolve amicably by direct informal negotiation any disagreement or dispute
arising between them under or in connection with the Contract.

28.2. If the parties fail to resolve their dispute or difference by such mutual consultation within
30 (thirty) days of its occurrence, then, either SAI, New Delhi or the Successful Bidder
may give notice to the other party of its intention to commence arbitration, as hereinafter
provided the applicable arbitration procedure will be as per the Arbitration and
Conciliation Act, 1996, as amended ,the rules there under and any statutory modifications
or re-enactments thereof and the award of such Arbitration Tribunal shall be enforceable in
Indian courts only. In the case of a dispute or difference arising between SAI and a
Successful Bidder relating to any matter arising out of or connected with the contract, such
dispute or difference shall be referred to a sole Arbitrator, who shall be appointed by the
Parties by mutual consent, failing which each party shall appoint one Arbitrator each and
together the two Arbitrators shall appoint an umpire. The award of the arbitrator will be

23
 final and binding on the parties to the Contract. The fees and the procedure of the
Arbitration proceeding shall be in accordance with the prevailing policies of SAI.

28.3. Venue of Arbitration: The Arbitral Tribunal shall have its seat in Delhi.

28.4. The Arbitration proceedings will be in English Language.

28.5. Each party shall bear its own cost of preparing and presenting its case. The cost of
Arbitration including the fees and expenses shall be shared equally by the parties, unless
otherwise awarded by the Arbitral Tribunal.

28.6. The parties shall continue to perform their respective obligations under this contract during
the pendency of the Arbitration proceedings except in so far as such obligations are the
subject matter of SAI’s Arbitration proceedings.

28.7. All matters connected with this shall be governed by the Indian law both substantive and
procedural, for the time being in force and shall be subject to the exclusive jurisdiction of
the High Court at Delhi/ New Delhi.

29. APPLICABLE LAW

29.1. The contract shall be governed by and interpreted in accordance with the laws of India for
the time being in force.

30. RESERVED RIGHTS

30.1. SAI reserves the right to;

i. Accept/reject any of the RFP clause in full or part without assigning any reason thereof.
ii. Revise the requirement at a later stage as and when required.
iii. Amend, modify, relax or waive/delete any of the conditions/ scope of work stipulated in the
RFP wherever deemed necessary, even after award of work.

30.2. In the event of any misstatement or misrepresentation being discovered or detected in the
information furnished from the documents submitted by the Bidder in response to this RFP
or at any later stage, or in the event of any contravention by the Bidder of any condition or
criterion stipulated, SAI shall terminate or cancel the appointment / engagement of the
Bidder, and nothing shall be payable or be paid by SAI to the Bidder as
compensation/damages or penalty;
30.3. SAI will not be liable for any costs, damages or losses incurred by any Bidder participating
in this RFP, if SAI decides to cancel the RFP process or for any reason whatsoever.
30.4. The Bidder shall be responsible for all costs incurred in connection with participation in
the RFP process, including but not limited to costs incurred in conduct of informative and
other diligence activities, participation in meetings / discussions / presentations,
preparation of proposal or costs incurred for providing any additional information required
by SAI to facilitate the evaluation process.
30.5. The submission of a response to this RFP by any Bidder confirms the Bidder’s acceptance
of all terms and conditions of this RFP including the amended terms and conditions (if
any). Further, by doing so, the Bidder acknowledges that it has:
 Understood and examined the extent of the Rights, scope of Work and other
information made available in writing by SAI, for the purpose of this RFP;
 Examined all information relevant to the risks, contingencies and other circumstances
that could affect the RFP; and
 Satisfy itself as to the correctness and sufficiency of the RFP.

24
  Bidders to this RFP or their agents may not make any contact with any party
employed by or directly associated with SAI or any of its government partners in
relation to this RFP. Any clarifications and all information will be via e-mail only to
[email protected]. No queries shall be entertained by SAI after scheduled date and
time mentioned in Bid schedule of the RFP.

31. CORRUPT OR FRAUDULENT PRACTICES

31.1. It is required by all concerned namely the Bidders/Successful Bidders etc to observe the
highest standard of ethics during the procurement and execution of such contracts. In
pursuance of this policy, SAI: -
i. Will reject a proposal for award if it determines that the Bidder recommended for
award has engaged in corrupt or fraudulent or collusion or coercive practices in
competing for the contract in question;
ii. Will declare a firm ineligible or blacklist, either indefinitely or for a stated period
of time, to be awarded a contract by SAI if it at any time determines that the firm
has engaged in corrupt or fraudulent or collusion or coercive practices or
gross/deliberate negligence in competing for, or in executing the contract.
31.2. SAI reserves the right not to conclude the Contract and in case contract has been issued,
terminate the same, if, found to be obtained by any misrepresentation, concealment and
suppression of material facts by the Bidder. In addition, Bid Security/Performance Security
(as the case may be) deposited by the Bidder shall be forfeited and legal as well as
administrative action for such misrepresentation, concealment & suppression of material
facts shall be initiated.”

32. CONFIDENTIALITY

32.1. The Bidder agrees and acknowledges that this RFP is confidential and the Bidder, by
downloading the RFP document, agrees and undertakes that nothing contained in this RFP
shall be disclosed in any manner whatsoever, except to the financial and legal advisors of
such Bidder. The undue use by any Bidder of confidential information related to the Bid
process may, at the sole discretion of SAI, result in the rejection of its Bid. The Bidder
shall further ensure that such financial and legal advisors or any other employees,
representatives of the Bidder maintain confidentiality of the RFP, and any information
disclosed to them in relation thereto.
32.2. The Bidder is not authorized to waive or release any privileged information obtained from
or on behalf of SAI. The Bidder is required to maintain the confidentiality of all privileged
information. This requirement is perpetual i.e., it will continue even after the termination
of the relationship between the Bidder and SAI. This requirement is also intended to
prohibit the Bidder from using information obtained from or on behalf of SAI or its
successors or assignees, including work product prepared at SAI’s expense, for other
clients of the Bidder without the prior written approval of SAI. The Bidder is not
authorized to identify SAI as a client for the purposes of marketing or for advertising,
without the prior written approval of SAI. Upon termination of the relationship, the Bidder
agrees to return promptly all information obtained from or on behalf of SAI or any copies
thereof to SAI. The Bidder is not authorized to communicate with the public, including the
press, about any matter in relation to its relationship` with SAI without the prior written
approval of SAI.
32.3. All information and documents that are furnished by the Bidder will be treated as strictly
confidential by SAI and shall not be disclosed by SAI to any other party, or otherwise used
by itself, other than (a) for evaluating the Bids submitted; or (b) as required by Applicable
Law.

25
 ANNEXURE ‘I’ | TERMS OF REFERENCE (TOR)

1. Scope of Services:

(i)Scope of Services for Construction of Multipurpose hall for para badminton at SAI RC
Gandhinagar
A. The FOP has dimensions of 45 meters by 25 meters, providing ample space.
B. The building stands at a clear height of 9 meters, offering generous vertical space.
C. The structure is preferably prefabricated, ensuring efficiency and rapid construction.
D. RCC flooring is provided at the plinth level, ensuring durability and stability.
E. AC provision and installation of floodlights with allied electrical works to enhance comfort
and visibility.
F. A ramp is provided at the entrance gate, ensuring accessibility for all.
Facilities include an electrical panel room, store room, Gym room and coach room, optimizing
functionality
H. Internal and external painting of the structure

(ii)Scope of Services for Construction of 1 no. of 1.5 lakh litre overhead water tank at SAI
RC Gandhinagar
A. Construction of a 1.5 lakh liter capacity overhead water tank with a height of 15 meters,
ensuring ample water storage and distribution capability. The tank will be constructed with sturdy
materials to withstand environmental factors and ensure longevity.
B. The structure will be constructed using Reinforced Concrete (RCC), guaranteeing strength and
durability to support the weight of the water tank and withstand external forces.
C. Demolition of the old overhead water tank.
D. Construction of an approach road connecting to the overhead water tank, facilitating ease of
access for maintenance and operational purposes. The road will be designed to withstand heavy
loads and adverse weather conditions.
E. Provision of a staircase for access to the overhead water tank, ensuring safe and convenient
entry for maintenance personnel and operators. The staircase will be designed and constructed in
compliance with safety regulations and standards.
F. Providing the pipeline to connect the water room to pump house,
G. Internal and external painting of water tank
H. Renovation/upgradation of pump room i.e. providing and fixing of kota stone, provision of
light, Internal and external painting.

2. RESPONSIBILITIES OF THE PMC

a. After the allotment of work and subsequent signing of the MoU, the PMC shall take
possession of encumbrance’s free site from SAI and shall nominate a responsible Team
Leader for execution of the project under intimation to SAI.
b. A conceptual planning, designing of the project shall be done by the PMC as required by
SAI. The PMC shall prepare a preliminary estimates, conceptual architectural scheme
and service drawings required for tendering purpose of the Project after getting approval

26
 of the conceptual drawing and specifications from SAI. While detailing the scheme,
PMC shall provide only those requirements, which can be accommodated within
approved estimated cost, as per priority decided mutually between the SAI and the PMC.
c. Appointment of the contractors/EPC contractors by the PMC will be done in a transparent
manner following the provisions contained in General Financial Rules 2017 as amended
from time to time and the manual on policies and procedures for procurement of works
issued by the Ministry of Finance. The work assigned to the PMC shall be executed
through open tender system with wide publicity as per the provisions contained in GFR
2017, CPWD and CVC guidelines, and other applicable best practices
d. PMC shall be wholly responsible for any observations/ comments/ defects pointed out by
C.T.E / C.V.C / C.A.G in the planning and procedures of execution of this project.
e. Upon signing of the MoU with selected PMC, The PMC shall furnish to the client a detailed
time-schedule (bar chart) for getting the works executed, after finalization of the Detailed
Estimate based on Detailed Designs and Drawings (prepared by the PMC). During the
various stages of execution, PMC shall submit monthly progress reports about the
physical and financial progress of project works, including bar charts and site
photographs (with date stamped)
f. The PMC shall be fully responsible to defend any suits or arbitration cases arising out of
project in connection with the work between the PMC and its Contractors(s). Settling the
Claims/disputes, if any, made by the Works Contractors, where there is disagreement
between the PMC and the Works Contractor, such disputes shall be referred for
Arbitration by an Arbitrator as provided for in the Works Contract between PMC and the
contractor. All amounts payable to the contractor on his claims decided by the arbitrator
and agreed to by the contractor will be charged to the cost of works. For such situation
the PMC has to seek prior permission from the Client with respect to
acceptance/challenge of the award.

g. Granting Extension of Time to the Contractor (only after permission from SAI is obtained)
for the completion of Works, with or without Liquidated Damages, subject to keeping
SAI informed the same with full details and proper justification for the same.

h. PMC has to execute the work without any Deviation in drawing, design, specification,
quality, quantity and without any cost & time escalation. In case of inevitable and non-
avoidable situation, the prior permission/direction of SAI will be must.
i. In case the above permission/ direction is granted to the PMC, then the PMC shall keep a
close watch on deviations during execution by way of Extra items, substituted items and
Deviations in Quantities of Schedule items. The PMC shall fix the Rates for
items/quantities covered by Deviation orders given below:
i. Deviation (if any), in form of change in approved quantities/extra items/substituted
items from within DSR, shall attract discount offered in the original Contract.
ii. Fixation of Cost of NDSR items (not already included in original contract) shall be
governed by the relevant clauses of manual of the PMC executing the job.

Further, SAI is to be informed timely by the PMC prior to issue of necessary revised
expenditure sanction when ever found necessary.

J. PMC shall also appoint FIH approved third-party quality assurance agency (TPQA) to
inspect the works and advice PMC to ensure completion of quality works in stipulated
time frame. PMC Charges should also include TQPA cost also.

3. Constitution of the Team/ Minimum Proposed Manpower Deployment

3.1. Roles and responsibilities of aforementioned resources is presented below:

27
S No Type of Resource & Qualification, Experience and Roles & Responsibilities
minimum required
deployment
Overall Experience 15 years;
Holding Master’s or PG Qualification in Civil or
Construction Management or equivalent –
Team Lead cum Project Presence of Team Leader cum Project Manager on site
1
Manager – 1no. is requested at least once in every month during
planning, execution and once in two months during
defect liability period of the project. Rest of the terms
are same
Graduate Degree/diploma holders in Civil Engineering
with minimum of 05 years’ experience in construction
Engineer (Civil) –
2 industry and well versed in construction supervision,
atleast 1 no.
quality control, MIS, safety, reporting and other allied
construction works
One Graduate Degree in Electrical or Mechanical
Engineering with minimum of 05 years experience and 01
Engineer (MEP) –
Diploma holder with 05 years of experience in
3 at least 1 no. as per
construction industry and well versed in construction
domain requirement
supervision, quality control, MIS, safety, reporting and
other allied construction works
Graduate Degree/Diploma in Civil Engineering with
minimum of 05 years’ experience in construction industry
Engineer (Civil) –
4 and well versed in construction supervision, quality
atleast 1 no. for DLP
control, MIS, safety, reporting and other allied
construction works
Graduate Degree/Diploma in Electrical or Mechanical
Engineer MEP – atleast Engineering with minimum of 05 years’ experience in
5 1 no. for DLP as per construction industry and well versed in construction
domain requirement supervision, quality control, MIS, safety, reporting and
other allied construction works

 All resources are required to be available for all online meetings with the Procuring entity,
during deployment period. Deployment of Team Lead and members must be onsite as per
project requirement. Team Lead and members are to be completely assigned/deployed for
the project.
 Presence of Team Leader cum Project Manager on site is requested at least once in every
month during planning, execution and once in two month during defect liability period of
the project. Similarly, Engineer (Electrical) should present on site once in every month
during defect Liability Period. Rests of the terms are same.
 Custom duty Exemption certificate (CDEC): CDEC will be issued by the Competent
Authority of SAI for the quantity of the items that are requested to be imported for this
project.

28
ANNEXURE ‘II’ | DOCUMENTS TO BE SUBMITTED
The following documents are to be submitted with the RFP. Upload online the scanned copies as
per the instructions mentioned in Annexure X.

Sl.
Criteria Document to be submitted online
No.
1 EMD for an Amount of Rs. Scanned copy of proof of submission of EMD/
67,500.00/- Bank Guarantee as per Annexure V.
2 Bid Submission Form Scanned copy of Signed and Stamped Bid
Submission Form as per Annexure IV.
3. Pre-Qualification Documents As Mentioned in Clause 1 of Annexure III.

a Legal Entity 1. Copy of Certificate of Incorporation,

Memorandum of Agreement etc.
2. Copy of Registration Certificates with the
GST & IT (PAN) Authorities.
b Consulting Experience Work order or contract establishing existence
and expertise in consulting business for more
than 10 years.
c Turnover Certificate by their Statutory Auditor/
Chartered Accountant stating turnover in
required financial years as per Annexure VIII.
d Relevant Experience Annexure VII along with Work Order +
Completion Certificates/ payment proof from
client /certification from a Chartered
Accountant certifying the claim required for
each consultancy project
e Fit and Proper Person Self-certificate and/or Letter of Undertaking to
this effect on Bidder's letter head signed by
Bidder’ authorized signatory, as per conditions
mentioned in Annexure III.
f Declaration in respect to GFR Self-certificate and/or Letter of Undertaking to
Rule 144 xi this effect on Bidder's letter head signed by
Bidder’ authorized signatory
g Declaration in respect to local Self-certificate and/or Letter of Undertaking to
content (As per 3 (b) of DPIIT this effect on Bidder's letter head signed by
order dated 16.09.2020). Bidder’ authorized signatory
4. Technical Evaluation Documents
a Technical Experience Annexure VII along with Work Order +
Completion Certificates/ payment proof from
client /certification from a Chartered
Accountant certifying the claim required for
each project
d Quality of Manpower for the  CVs as per format at Annexure IX.
Project  The Bid documents should include the
complete man-month deployment of all
resources along with requisite justification
as per Annexure IX B
e Technical Presentation The presentation will be submitted along with
the proposal and if necessary and if the
situation permits the consultants shall be asked

29
 Sl.
Criteria Document to be submitted online
No.
to formally present the same through online
medium or in person.

5. Financial Bid As per Required Format. To be uploaded only

in the Price Bid Section.
6 Authorized Signatory Scanned copy of Power of Attorney in favour
of Authorised signatory of Bidding
Documents.
OR
Signed and scanned copy of Board resolution
in favour of Authorized signatory of the bidder.
(Sample Attached at Annexure VI)
7. Declaration regarding Acceptance A declaration confirming Acceptance of all
of all terms and Conditions of the terms and Conditions of the RFP and its
RFP and its subsequent subsequent amendments without any deviation.
amendments

Note:

Wherever applicable, the above documents shall be used for evaluation purpose as well. It is the
responsibility of Bidder to go through the Bidding Document to ensure furnishing of all required
documents in addition to above. All the Bids so submitted must be unconditional. Bidders should
make sure that all the pages should be numbered, and an index should be attached as first page
with the Bid. The authorized signatory of the Bidder must sign the Bid with proper name,
designation duly stamped at appropriate places and initial all the remaining pages of the Bid. SAI
reserves its right to demand for original documents as and when required. Nonproduction of
original documents shall be considered as a material deviation and may render the cancellation of
bid followed by consequences such as forfeiture for Bid amount/Performance security at the
discretion of SAI.

The documents submitted must be strictly in the formats as given in this RFP. Any Changes
in the formats may lead to rejection of the bid.

30
 ANNEXURE ‘III’ | ELIGIBILITY & EVALUATION CRITERIA

1. ELIGIBLITY CRITERIA

S. No. Criteria Documents Required

1 Legal Entity:
a The Bidder must be a CPSU or State PSUs or any Copy of Memorandum of
other Central/ State Government organisation or Agreement
PSU notified by the Ministry of Urban
Development (MoUD)
b Should be registered in India under the Indian Copy of Registration Certificate
Companies Act 1956/2013
c Should be working as PMC agency for more than Work order or contract establishing
10 years till the Bid Due Date existence and expertise in
consulting business for more than
10 years.
2 Technical Experience
The Bidder Should have satisfactorily rendered Work Order + Completion
services of project management consultancy & Certificates/ payment proof from
supervision of construction of artificial turf client /certification from a
projects during the last five years ending on 31st Chartered Accountant certifying the
March 2024, claim required for each consultancy
i) At least one similar work of value not less than project.
Rs. 6.00 Crores or
ii) Two similar works of value not less than Rs.
3.75 Crores each, or
iii) Three similar works of value not less than Rs.
3.00 Crores each.

“Similar work” shall mean construction of MP

Hall for sports, Sports Specific halls and
preferably work of construction of building works,
construction of Overhead tanks (may or may not
be included in the same work) for Government /
Govt. agencies/Govt. autonomous bodies/CFI
only.
3 Financial Criteria
a The bidder should have an average annual Balance sheets for the last Five
turnover of at least Rs.7.50 Crores in any three years ending March 2023 duly
years during the last five years ending 31st March certified by a chartered accountant
2024. should be enclosed in bid.

b i. The bidder should have positive net-worth CA Certified Certificate

during each of last 05 years ending 31st
March 2024.
ii. The bidder should have net-worth of at
least Rs. 3.75 Crores as on 31st March
2024.
4 Any bidder, which has been stand barred/ Enclose the notarized certificate as
blacklisted/ put on Holiday by any State per the exact RFP language i.e. "
Government (SG) or Union Territory (UT) or Ms/ .................. has not been stand
Government of India (GoI), or any of the agencies barred/blacklisted/put on holiday

31
 of SG/UT/GoI or any of the Universities of by any State Govt. (SG) or Union
SG/UT/GoI as on bid due date or pending Territory (UT) or Govt. of India
investigations, will not be eligible to participate in
(GoI), or any of the agencies of
this bid. SG/UT/GoI or any of the
Universities of SG/UT/GoI as on
bid due date or pending
investigation".
5 The CPSU should have in-house professionally Furnish a self-certified sheet stating
qualified (minimum Graduate degree) that the bidding CPSU possess the
regular/outsourced staff as on this bid publication following professionals at least the
date in the following categories: number mentioned
a. Civil Engineers -20 nos.
b. Electrical and Mechanical
Engineers- 10 nos.

6 DECLARATION As per GFR Clause 144 (xi) Declaration as per New GFR
added vide DoE order dated 23.07.2020: Any Clause, 144 (xi) ‘I have read the
bidder from a country which shares a land border clause regarding restrictions on
with India will be eligible to bid in this tender procurement from a bidder of a
only if the bidder is registered with the Competent country which shares a land border
Authority. All terms as mentioned in the with India; I certify that this bidder
Department of Expenditure order dated is not from such a country or, if
23.07.2020 will be applicable. from such a country, has been
registered with the Competent
Authority. I hereby certify that this
bidder fulfils all requirements in
this regard and is eligible to be
considered.

Conditions for Fit and Proper Person: For the purpose of determining whether a Bidder is a 'Fit
and Proper Person', SAI may take the indicative criteria mentioned below:

a. Financial integrity of the Bidder;

b. Ability of the Bidder to undertake all obligations set out under this RFP;
c. Absence of convictions or civil liabilities against the Bidder;
d. Absence of any previous debarment of the Bidder, in accordance with the General Financial
Rules, 2017, provided such debarment is still existing;
e. Absence of any disqualification as specified below:
o Conviction of the Bidder or any of its respective directors, partners, executives or key
managerial personnel by any judicial body for any offence involving moral turpitude,
economic offence, securities laws or fraud or any offence under the Prevention of
Corruption Act, 1988 or the Indian Penal Code, or any other law for the time being in
force, for causing any loss of life or property or causing a threat to public health as part of
execution of a public procurement contract;
o Admission of an application for winding up or liquidation under the Insolvency and
Bankruptcy Code, 2016 (IBC) or any Applicable Laws against the Bidder or any of its or
their respective directors and partners;
o Any action or proceeding being initiated under the Insolvency and Bankruptcy Laws under
the Applicable Law, including but not limited to declaration of Insolvency or Bankruptcy,
disqualification or de-recognition by any professional body being initiated against the
Bidder;

32
 o Current or previous banning of the Bidder or its respective directors, partners, executives or
key managerial personnel by the governing body of any sport from involvement in the
administration of or any form of participation in such sport, for any reason;
o Default by The Bidder or any of its or their respective directors, partners, executives or key
managerial personnel of any of its obligations to a financial institution or has defaulted on
any of its obligations to a financial institution in the last 3 (three) financial years;
o The Bidder should not have been barred by the Central Government, any State Government,
a statutory authority or a public sector undertaking, as the case may be, from participating
in any project, and the bar subsists as on the date of the Proposal.

2. EVALUATION CRITERIA
The technical Bid of each eligible Bidder shall be evaluated in accordance with the following
methodology:

S. No. Criterion Maximum

Marks
1 Technical Manpower 25 Marks
a Team Leader (Qualification + Experience) 5 marks
Meeting the prescribed Qualification as per Table 1
below – Full marks
b Professionally qualified regular staff in the PSU in 20 marks
following categories
i Civil Engineers (Min. Qualification- B.Tech) 10 marks
 20 nos. to 50 nos.: 5 Marks
 51 nos. to 75 nos.: 7.5 Marks
 More than 75nos.: 10 marks
ii Electrical and Mechanical Engineer (Min. 10 Marks
qualification B. Tech)
 10 nos. to 20 nos.: 5 Marks
 20-30 nos.: 7.5Marks
 More than 30nos.: 10 marks
2 Presentation 30 Marks
Methodology Understanding of Project and presentation
on made before TEC:
 Past projects with focus on special features and
quality aspects (along with some photos) and
special project management techniques that
might have been used to execute the project
speedily and within initial budgeted cost. (Max
Marks 10)
 Technical Approach and methodology proposed
towards this project with respect to the nature of
typology, structure, orientation kind of finishing,
approaches for green building, sustainability,
energy efficiency/ overall savings safety
measures, innovations etc. and innovative idea
of technology / PEB/ Modular construction for
faster construction. (Max Marks 10).
 Project management approach for this project –
Work Plan including Time schedule & Quality
Assurance & HSE / Risk system, Project

33
 organization,
responsibility of key personnel, etc. (Max
Marks 10)
3 Past Experience of the PSU 30 Marks
a The Bidder Should have satisfactorily rendered services 10
of project management consultancy &
supervision of construction projects during the last five
years ending on 31st March 2024,
i) At least one similar work of value not less than Rs.
6.00 Crores or
ii) Two similar works of value not less than Rs. 3.75
Crores each, or
iii) Three similar works of value not less than Rs. 3.00
Crores each.

“Similar work” shall mean construction of MP Hall for

sports, Sports Specific halls and preferably work of
construction of building works, construction of
Overhead tanks (may or may not be included in the
same work) for Government / Govt. agencies/Govt.
autonomous bodies/CFI only.
b Consultancy Services (completed project) related to 20
development of Sports Facility during the last 5 years
(ending 31-03-2024); 5 marks per project subject to
maximum of 20 marks
4 Financial Experience 15 Marks
a Average Annual Turnover, for any three financial years 10
out 2019-20, 2020-21, 2021-2022, 2022-23 & 2023-24
i. equal to 7.50 Crores – 5 Marks
ii. greater than 7.50 Crores up to 15 Crores– 7.5
Marks
iii. more than 15 Crores- 10 marks
b Net-worth of the PSU ending on 31st March 2023 5
i. equal to 3.75 Cr – 3 marks
ii. more than 3.75 Cr.- 5 marks
Total marks 100

Note:

1. Responses not meeting the minimum pre-qualification criteria will be rejected and will not
be evaluated further and no communication will be entertained in this regard.
2. A Bidder must get a minimum of 75 marks (out of 100 marks) in the Technical Evaluation
to proceed to opening of Financial/Price bid.
3. Documentation required against each criterion is detailed in Annexure II, Clause 4.

34
ANNEXURE ‘IV’ | BID SUBMISSION FORM

To,
Sports Authority of India.

Sub: “Selection of CPSU/State PSUs/ any other Central/ State Government organisation /PSU
notified by the Ministry of Urban Development (MoUD) to provide Project Management
Consultancy for Construction of Multipurpose hall for Para badminton and Para table
tennis at SAI RC Gandhinagar and Construction of 1 no. of 1.5 lakh litre overhead
water tank at SAI RC Gandhinagar.
Dear Sir,

1. With reference to the RFP dated _________ for the above captioned project, and clarification
issued by SAI, New Delhi thereof, I/We ____________________, having examined all
relevant documents and understood their contents, hereby submit our Proposal for Selection
of CPSU/State PSUs/ any other Central/ State Government organization /PSU notified by the
Ministry of Urban Development (MoUD)to provide Project Management Consultancy for
Construction of Multipurpose hall for Para badminton and Para table tennis at SAI RC
Gandhinagar and Construction of 1 no. of 1.5 lakh litre overhead water tank at SAI RC
Gandhinagar as per terms mentioned in this RFP.
2. All information provided in the Proposal and in the Appendices is true and correct and all
documents accompanying such Proposal are true copies of their respective originals.
3. This statement is made for the express purpose of this RFP and for associating with SAI for
the aforesaid Project.
4. I/We shall make available to SAI, any additional information it may deem necessary or
require for supplementing or authenticating the Proposal.
5. I/We acknowledge the right of the SAI, to reject our application without assigning any reason
or otherwise and hereby waive our right to challenge the same on any account whatsoever.
6. I/We agree to keep our Bid valid for acceptance for 180 (one hundred eighty) days or for
subsequently extended period, if any, agreed to by us. We also accordingly confirm to abide
by this Bid up to the aforesaid period and this Bid may be accepted any time before the expiry
of the aforesaid period. We further confirm that, until a formal contract is executed, this Bid
read with your written acceptance thereof within the aforesaid period shall constitute a
binding contract between us. I/ We, acknowledge and agree that SAI shall be entitled to
forfeit the EMD or performance security without out protest and demur in case of any breach
of terms and conditions of RPF/Agreement by us.
7. I/We certify that in the last three years, we or any of our Associates have neither failed to
perform on any contract, as evidenced by imposition of a penalty by an arbitral or judicial
authority or a judicial pronouncement or arbitration award against the Bidder, nor been
expelled from any project or contract by any public authority nor have had any contract
terminated by any public authority for breach on our part.
8. I/we certify that we fulfil the “Fit and Proper Person” criteria as mentioned in this RFP
document.
9. I/we understand that SAI may cancel the Selection Process at any time and that SAI neither
bound to accept any Proposal that SAI may receive nor to select the Bidder without incurring
any liability to the Bidders.
10. The undersigned is authorized to sign the documents being submitted through this RFP. (A
copy of Power of Attorney/Board Resolution is enclosed)
11. The information provided herewith is true and correct to our best knowledge. If any
discrepancies are found in the information provided or if the information provided is not
correct, our firm would be fully responsible for that. We understand in such cases our bids are
liable to be rejected.

35
 I declare that:
a. I/We have examined and have no reservations to the RFP Documents, including any
Addendum issued by SAI;
b. I/We have not directly or indirectly or through an agent engaged or indulged in any
corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practice, in respect of any tender or request for proposal issued by or any agreement
entered into with SAI or any other public sector enterprise or any government, Central or
State; and
c. I/We hereby certify that we have taken steps to ensure that, no person acting for us or on our
behalf will engage in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice.
d. None of our full-time Directors is engaged in providing services or is directly related to
any employee of Sports Authority of India/ Ministry of Youth Affairs and Sports. A
person is deemed to be a relative of another if, and only, if
a. They are members of a Hindu undivided family; or
b. They are husband and wife; or
c. The one is not legally related to the other Sister (including stepsister)

Yours faithfully,

(Signature, name and designation of the authorized signatory)

(Name and seal of the Bidder)

36
ANNEXURE ‘V’ | BANK GUARANTEE FORM FOR BID SECURITY

Whereas ______________________________ (hereinafter called the “Bidder”) has

submitted its quotation dated _________________ for the supply of
___________________________________ (hereinafter called the “Bid”) against the
Procuring entity’s Bid Reference No. __________________________________ Know all
persons by these presents that we ____________________________________ of
___________________________________ (Hereinafter called the “Bank”) having our
registered office at ________________________________ are bound unto Sports
Authority of India, New Delhi110003 (hereinafter called the “Procuring entity) in the sum
of _________________________ for which payment will and truly to be made to the said
Procuring entity, the Bank binds itself, its successors and assigns by these presents. Sealed
with the Common Seal of the said Bank this _____________________ day of _______
20____. The conditions of this obligation are:

(1) If the Bidder withdraws or amends, breaches the terms and conditions of the
tender document, impairs or derogates from the Bid in any respect within the period
of validity of this Bid.

(2) If the Bidder having been notified of the acceptance of his Bid by the Procuring
entity during the period of its validity:

a) Fails or refuses to furnish the performance security for the due

Performance of the contract.
or
b) Fails or refuses to accept/execute the Rate Contract.

We undertake to pay the Procuring entity up to the above amount upon receipt of its first
written demand, without the Procuring entity having to substantiate its demand, provided
that in its demand the Procuring entity will note that the amount claimed by it is due to it
owing to the occurrence of one or both the two conditions, specifying the occurred
condition(s).

This guarantee will remain in force for a period of forty-five days after the period of Bid
validity of _____ days i.e., for _____ days (_____ days + 45 days) from the date of Bid
Opening and any demand in respect thereof should reach the Bank not later than the above
date.

_________________________
(Signature of the authorised officer of the Bank)
_______________________________________________
_______________________________________________
Name and designation of the officer
_______________________________________________
Seal, name & address of the Bank and address of the Branch

37
ANNEXURE ‘VI’ | POWER OF ATTORNEY (SAMPLE)

(Note- Board resolution in case of company)

Know all men by these presents, we, ......................................... (name of Firm and address
of the registered office) do hereby constitute, nominate, appoint and authorize Mr.
/Ms........................................son/daughter/wife and presently residing at ................................., who
is presently employed with us and holding the position of ....................as our true and lawful
attorney (hereinafter referred to as the “Authorized Representative”) to do in our name and on our
behalf, all such acts, deeds and things as are necessary or required in connection with or incidental
to submission of our proposal for Engagement with SAI including but not limited to signing and
submission of all applications, proposals and other documents and writings, participating in pre-
proposal and other conferences and providing information/ responses to SAI, representing us in all
matters before SAI, signing and execution of all contracts and undertakings consequent to
acceptance of our proposal and generally dealing with SAI, in all matters in connection with or
relating to or arising out of our Proposal for said Project and/or upon award thereof to us till the
entering into of the Agreement with SAI.
AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or
caused to be done by our said Authorized Representative pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said Authorized
Representative in exercise of the powers hereby conferred shall and shall always be deemed to have
been done by us.

IN WITNESS WHEREOF WE, .................... THE ABOVE-NAMED

PRINCIPALHAVEEXECUTED THIS POWER OF ATTORNEY ON THIS .................... DAY OF
...................., 2020.

For .......................................
(Signature, name, designation and address)
Witnesses:
1.

2.

Notarized Accepted

........................................
(Signature, name, designation and address of the Attorney)

Notes:

The mode of execution of the Power of Attorney should be in accordance with the procedure, if any,
laid down by the applicable law and the charter documents of the executant(s) and when it is so
required the same should be under common seal affixed in accordance with the required
procedure. The Power of Attorney should be executed on a non-judicial stamp paper of INR 50
(fifty) and duly notarized by a notary public.

38
ANNEXURE ‘VII’ | ELIGIBLE PROJECTS UNDERTAKEN BY THE BIDDER

The following information should be provided in the format below for each Eligible Project for
which Bidder was legally contracted by the respective Procuring entity/Client of the Bidder stated
as a single entity.

(i) Assignment Name

(ii) Type of Project

(iii) Name, Contact No. & email of the

Procuring entity Representative:

(iv) Year in which Project took place

(v) Location of Project

(vi) Contract Value

(vii) Narrative Description of the Scope of

work of the assignment

(viii) Status of the assignment

IMPORTANT:

1. Use separate sheet for each Eligible Project. Please mark each sheet as Annexure II(a),
Annexure II(b), Annexure II(c)…. for each different project.
2. Please provide proof of eligible projects undertaken with a copy of Successful Completion
Certificate attached from the Procuring entity. In case Successful Completion Certificate is
not available, copy of work order/copy of agreement along with bank statement in respect of
the same countersigned by CA must be submitted. The submitted testimonial MUST contain
detailed description of work (Scope of Work and TOR) carried out by the Bidder.

39
ANNEXURE ‘VIII’ | ANNUAL TURNOVER

ANNUAL TURNOVER Net Worth (INR)

S. NO. FINANCIAL YEAR
(INR)
1. 2019-20
2. 2020-21
3. 2021-22
4. 2022-23
5. 2023-24
Certificate from the Statutory Auditor

This is to certify that the average turnover of the bidder

from in any three financial years is Rs. ____________.
(In words) and the net worth in the last five years is
Positive

Name of the audit firm:

Seal of the audit firm

Date:

(Signature, name and designation of the authorized signatory)

Note:
 In case the Bidder does not have a statutory auditor, it shall provide the certificate from
its chartered accountant (CA) that ordinarily audits the annual accounts of the Bidder.

40
ANNEXURE ‘IX’ | FORMAT FOR CV

Name of Firm:
Name of Professional:
Position:
Date of Birth:
Country of Citizenship/Residence:

Education:
Name of Institution Degree Year of Obtainment
Obtained

Countries of work experience:

Employment Record
Name of Organisation Position Held Duration

Total Work Experience (Relevant): …………………………… (in years)

Brief Write-up of overall experience:
Work Experience:
Detailed Tasks Assigned Reference to Prior Work/Assignments that Best Illustrates Work
Experience
Name of Assignment:
Year:
Client:
Project Details:
Main project features:
Position Held:
Activities performed:

.
.
.

Certification:
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes
myself, my qualifications, and my experience, and I am available to undertake the assignment in
case of an award. I understand that any misstatement or misrepresentation described herein may
lead to my disqualification or dismissal by the Procuring entity.

Name of Expert/ Personnel Signature Date

Endorsement of HR Department/Head of Academic Department/Authorised signatory who

will sign the bid document

41
 Annexure8

ANNEXURE ‘IX- B’ | DEPLOYMENT PLAN

The bidders are required to submit the deployment plan in below format:

Sl. Designation of the

Name
No. resource as per RFP

I Design and Implementation Phase

a Team Lead
d Member1
e Member2
f .
g .
h .
.
II DLP Phase
a
b
c
d
e

 Note: The consultant should ensure that the proposed phase wise man months in the
deployment plan should be equal to greater than the minimum man months defined against
each phase/expert in Annexure I, failing which the Financial Proposal will be adjusted
with man-month rate available in the financial proposal.
 Annexure8

ANNEXURE ‘X’ | INSTRUCTIONS FOR ONLINE BID SUBMISSION

1. The Bidders are required to submit soft copies of their bids electronically on the CPP
Portal, using valid Digital Signature Certificates. The instructions given below are meant to assist
the Bidders in registering on the CPP Portal, prepare their bids in accordance with the
requirements and submitting their bids online on the CPP Portal.
More information useful for submitting online bids on the CPP Portal may be obtained at:
https://eprocure.gov.in//eprocure/app .

2. REGISTRATION
(i). Bidders are required to enrol on the e-Procurement module of the Central Public
Procurement Portal (URL: https://eprocure.gov.in//eprocure/app ) by clicking on the link
“Online bidder Enrolment” on the CPP Portal which is free of charge.
(ii). As part of the enrolment process, the Bidders will be required to choose a unique
username and assign a password for their accounts.
(iii). Bidders are advised to register their valid e-mail address and mobile numbers as part of the
registration process. These would be used for any communication from the CPP Portal.
(iv). Upon enrolment, the Bidders will be required to register their valid Digital Signature
Certificate (Class II or Class III Certificates with signing key usage) issued by any
Certifying Authority recognized by CCA India (e.g.Sify/TCS/nCode/eMudhra etc.), with
their profile.
(v). Only one valid DSC should be registered by a Bidder. Please note that the Bidders are
responsible to ensure that they do not lend their DSCs to others which may lead to misuse.
(vi). Bidder then logs in to the site through the secured log-in by entering their user ID /
password and the password of the DSC / e-Token.

3. SEARCHING FOR TENDER DOCUMENTS

(i). Various search options built in the CPP Portal, to facilitate bidders to search active tenders
by several parameters. These parameters could include Tender ID, Organization Name,
Location, Date, Value, etc. There is also an option of advanced search for tenders, wherein
the bidders may combine a number of search parameters such as Organization Name,
Form of Contract, Location, Date, Other keywords etc. to search for a tender published on
the CPP Portal.
(ii) Once the bidders have selected the tenders they are interested in, they may download the
required documents / tender schedules. These tenders can be moved to the respective ‘My
Tenders’ folder. This would enable the CPP Portal to intimate the bidders through SMS /
e-mail in case there is any corrigendum issued to the tender document.
(i) The bidder should make a note of the unique Tender ID assigned to each tender, in case
they want to obtain any clarification / help from the helpdesk.

4. PREPARATION OF BIDS
(i) Bidder should take into account corrigendum/amendment/modification published on the
tender document before submitting their bids.
(ii) Please go through the tender advertisement and the tender document carefully to
understand the documents required to be submitted as part of the bid. Please note the
number of covers in which the bid documents have to be submitted, the number of
 Annexure8

documents – including the names and content of each of the document that need to be
submitted. Any deviations from these may lead to rejection of the bid.
(iii) Bidder, in advance, should get ready the bid documents to be submitted as indicated in the
tender document / schedule and generally, they can be in PDF / XLS / RAR / DWF/JPG
formats. Bid documents may be scanned with 100 dpi with black and white option which
helps in reducing size of the scanned document.
(iv) To avoid the time and effort required in uploading the same set of standard documents
which are required to be submitted as a part of every bid, a provision of uploading such
standard documents (e.g., PAN card copy, annual reports, auditor certificates etc.) has
been provided the bidders. Bidders can use “My Space” or “Other Important Documents”
area available to them to upload such documents. These documents may be directly
submitted from the “My Space” area while submitting a bid and need not be uploaded
again and again. This will lead to a reduction in the time required for bid submission
process.

5. SUBMISSION OF BIDS
(i) Bidder should log into the site well in advance for bid submission so that they can upload
the bid in time i.e., on or before the bid submission time. Bidder will be responsible for
any delay due to other issues.
(ii) The Bidder has to digitally sign and upload the required bid documents one by one as
indicate in the tender document.
(iii) Bidder has to select the payment option as “offline” to pay the tender fee / EMD as
applicable and enter details of the instrument.
(iv) Bidder should prepare the Bid Security as per the instruction specified in the tender
document. The original should be posted/couriered/given in person to the concerned
official latest by the last date of bid submission or as specified in the tender documents.
The details of the DD/any other accepted instrument, physically sent, should tally with the
details available in the scanned copy and the data entered during bid submission time.
Otherwise, the uploaded bid will be rejected.
(v) The server time (which is displayed on the bidders’ dashboard) will be considered as the
standard time for referencing the deadlines for submission on the bids by the bidders,
opening of bids etc. The Bidders should follow this time during bid submission.
(vi) All the documents being submitted by the bidders would be encrypted using PKI
encryption techniques to ensure the secrecy of the data. The data entered cannot be viewed
by unauthorized persons until the time of bid opening. The confidentiality of the bids is
maintained using the secured Socket Layer 128-bit encryption technology. Data storage
encryption of sensitive fields is done. Any bid document that is uploaded to the server is
subjected to symmetric encryption using a system generated symmetric key. Further this
key is subjected to asymmetric encryption using buyers/bid openers public keys. Overall,
the uploaded tender documents become readable only after the tender opening by the
authorized bid openers.
(vii) The uploaded tender documents become readable only after the tender opening by the
authorized bid openers.
(viii) Upon the successful and timely submission of bids (i.e., after Clicking “Freeze Bid
Submission” in the portal), the portal will give a successful bid submission message &a
bid summary will be displayed with bid no. and the date & time of submission of the bid
with all other relevant details.
(ix) The bid summary has to be printed and kept as an acknowledgement of the submission of
the bid. This acknowledgement may be used as an entry pass for any bid opening
meetings.
 Annexure8

6. ASSISTANCE TO BIDDERS
(i) Any query relating to the tender document and the terms and conditions contained therein
should be addressed to the Tender Inviting Authority for a tender or the relevant contact
person indicated in the tender.
(ii) Any query relating to the process of online bid submission or queries relating to CPP
Portal in general may be directed to the 24x7 CPP Portal Helpdesk. The Contact number for the
helpdesk is 1800 3072 2232.
 Annexure8

ANNEXURE ‘XI’ |PRICE BID FORMAT (To be uploaded on CPP portal in the BoQ only)

The format for uploading the price bid that will be uploaded in the CPP Portal.

Service Charge (in Service Charge

Sr.
Name of Work Percentage) (in Words)
No.
1 2
Service Charge as PMC for
Construction of Multipurpose hall
for Para badminton and Para To be filled in Online mode in the
table tennis at SAI RC BoQ available on CPP portal only.
I
Gandhinagar and Construction of Rate submitted in Technical bid may
1 no. of 1.5 lakh litre overhead lead to disqualification.
water tank at SAI RC
Gandhinagar

 Total Quoted Service charges in percentage (%) should be inclusive of all rates for all
manpower proposed by the bidder as part of their proposal. Sf, the Financial Score
will be derived as mentioned above

*Taxes will be applicable as per existing government norms.

*Bidder should consider all overhead costs while quoting.
 Annexure8

ANNEXURE ‘XII’ |- BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

To
______________________,

__________________.

WHEREAS _____________________________ (Name and address of the supplier)

(Hereinafter called “the supplier”) has undertaken, in pursuance of contract
no.______________ dated_____________ for (description of services) (herein after called
“the contract”). AND WHEREAS it has been stipulated by you in the said contract that the
supplier shall furnish you with a bank guarantee from a scheduled commercial bank
recognized by you for the sum specified therein as security for compliance with its obligations
in accordance with the contract; AND WHEREAS we have agreed to give the supplier such a
bank guarantee;

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you, on
behalf of the supplier, up to a total of. ________________________ (Amount of the guarantee
in words and figures), and we undertake to pay you, upon your first written demand declaring
the supplier to be in default under the contract and without cavil or argument, any sum or
sums within the limits of (amount of guarantee) as aforesaid, without your needing to prove or
to show grounds or reasons for your demand or the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the supplier before
presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the
contract to be performed there under or of any of the contract documents which may be made
between you and the supplier shall in any way release us from any liability under this
guarantee and we hereby waive notice of any such change, addition or modification.

This guarantee shall be valid up to -------- days beyond the date of expiry of contract period as
per RFP.

(Signature with date of the authorized officer of the

Bank)
………………………………………
………………….
Name and designation of the
officer
………………………………………
………………….

………………………………………
………………….
Seal, name & address of the Bank and address of the
Branch
 Annexure8

ANNEXURE ‘XIII’ |- DRAFT Memorandum of Understanding FORMAT

MOU
MEMORANDUMOFUNDERSTANDING
Between
Sports Authority of India (SAI) an autonomous organization under the Ministry of Youth Affairs &
Sports, a PROCURING ENTITY having its Head Office at J.L.N. Stadium, Lodhi Road, New Delhi
– 110003
and
……………………………………
for
Construction of Multipurpose hall for Para badminton and Para table tennis at SAI RC
Gandhinagar and Construction of 1 no. of 1.5 lakh litre overhead water tank at SAI RC
Gandhinagar
This, Memorandum of Understanding (hereinafter called “MoU”) signed between [Sports Authority of
India](hereinafter called “PROCURING ENTITY”)represented by its Director Infrastructure Division, Sport
Authority of India of one part,
And
………………………………………………., (hereinafter called “Project Management Consultant”)
represented by its………………………on other part.
‘Procuring Entity’ and ‘Project Management Consultant’ are also referred to individually as‘ Party’ and
collectively as ‘Parties wherever the context so requires.
Whereas ‘Project Management Consultant’ have agreed to undertake the work of Construction of the
abovementioned Work(s) at the abovementioned location(s) for ‘PROCURING ENTITY’ as a ‘Deposit Work’
on Project Management Consultant (PMC)basis.
Now, therefore it is agreed between the Parties that:
A. Assigning of Work by PROCURING ENTITY to ‘Project Management Consultant’:

1. ‘PROCURING ENTITY’ will provide all relevant available documents related to Land, Site
Details, functional and space requirements (or Various Facilities, Special Requirements/
Features, and Broad specifications for specialized equipment and plants), layout plan etc.
for facilitating Project Execution by ‘Project Management Consultant’ along with A & E
Consultants.

2. ‘Project Management Consultant’ shall appoint, if any, competent Architectural and

Engineering (A & E) Consultant commensurate with size and nature of the work after
following due process

B. Approval of Preliminary Project Report (PPR) & Detailed Project Report (DPR)/ Preliminary
Estimate (PE)

1. Preliminary Project Report (PPR) shall be prepared by ‘Project Management Consultant’

based on functional & space requirements as intimated by ‘Procuring Entity’ and
submitted to ‘Procuring Entity’ for its approval. {It would be a joint endeavour on the part
of both ‘Procuring Entity’ and ‘Project Management Consultant’ in consultation with
 Annexure8

consultants & experts to develop Standard Plans & specifications for Works, Services &
Plants etc. pertaining to various categories of Works etc.}

2. Based on approved PPR, ‘Project Management Consultant’ shall prepare Detailed Project
Report (DPR)/ Preliminary Estimate (PE) consistent with their norms & standards,
containing Milestones and commensurate activities to be accomplished against each
Milestone & Baseline Programme in the form of CPM Network depicting clearly the Date
of Start and Completion of the work and submit it to ‘Procuring Entity’ along with all
relevant input information, documents and Drawings etc. for approval of ‘Procuring Entity’,
‘Project Management Consultant’ shall use their departmental procedures & manuals for
preparing the Detailed Estimates. ‘ Procuring Entity’ shall accord approval to DPR/ PE
containing Milestones and commensurate activities to be accomplished against each
Milestone & Baseline Programme in the form of CPM Network and issue Administrative
Approval (A/A) &. Expenditure Sanction (E/S).

3. On receipt of the Administrative Approval (A/A) and Expenditure Sanction (E/S), the
‘Project Management Consultant’ shall prepare and accord Technical Sanction (TS) to
detailed and coordinated design of all the Architectural, Civil, Electrical, Mechanical,
Horticulture and any other services included in the scope of the sanction and of the
Detailed Cost Estimates containing the detailed specifications and quantities of various
items prepared on the basis of the schedule of rates maintained by Railways/CPWD or
other Public Works Organizations.

C. Release of Funds, Payment of Bills

1. The Project Management Consultant has agreed to charge ………..% (Percentage of service
charges agreed to) for carrying out the assigned deposit work “Construction of
Multipurpose hall for Para badminton and Para table tennis at SAI RC
Gandhinagar and Construction of 1 no. of 1.5 lakh litre overhead water tank at SAI
RC Gandhinagar”.
2. Procuring Entity’ shall accord Administrative Approval (A/A) and Expenditure Sanction (E/S)
to preliminary estimate submitted by ‘Project Management Consultant’ and release the initial
deposit 10% of the estimate amount to ‘Project Management Consultant’ if the estimate cost
is up to Rs. 7.50 Crore. If the estimate cost of the work exceeds Rs. 7.50 Crore, the initial
deposit may be Rs. 0.75 Crore + 5% of the estimated cost beyond Rs. 7.50 Crore. The initial
deposit shall be deposited soon after accord of A/A & E/S. The subsequent fund demands
should be released as per the requirement projected in form 65 CPWD manual along with
Utilization certificate (GFR 12C), Progress report and latest photographs of the project. The
deposit of 2.5% of the tender cost shall be retained by ‘Procuring Entity’ and will be released
against submission of final bills.

3. The fund subsequent to Initial Deposits shall be released by ‘Procuring Entity’ to ‘Project
Management Consultant’ within 4 (four) weeks of submission of request by ‘Project
Management Consultant’ along with all documents as described in Clause – C 1, above. As
per the monitoring of physical and financial progress indicators, ‘Procuring Entity’ will take
necessary steps for recoupment of the monthly expenditure incurred. Advance recoupment up
to 10 % of tender value can be claimed by the PMC with every fund demand.

4. Agency charges will be released as Percentage (%) on every expenditure statement

submitted by the PMC. The final 5% of PMC charges will be released on final bill of the work
after submission of satisfactory work completion certificate.
 Annexure8

5. If any fund requirement is specifically made by ‘Project Management Consultant’ after the
work has been assigned to ‘Project Management Consultant’ for undertaking pre-construction
activities related to the Project Execution etc., the same shall be released by ‘Procuring Entity’
within 2 (two) weeks of such specific demand provided the amount is within ceiling limit of Rs
25 lakhs (twenty-five) lakhs. The amount so released to ‘Project Management Consultant’
shall be adjusted from, Initial Deposit amount.

6. ‘Project Management Consultant’ shall intimate ‘Procuring Entity’ about any excess
expenditure likely to be incurred over and above the tendered Cost, as soon as it comes to
the knowledge along with reasons and justifications thereof for necessary approvals from
‘Procuring Entity’ before continuing/ incurring the extra/ additional expenditure.

7. The ‘Project Management Consultant’ shall be responsible for certifying and making payment
of Bills of the Contractors/ Agencies engaged by them and make available Final Statement of
Accounts in Standard Format to ‘Procuring Entity’ & also provide copies of Final Bills for all
Contract Packages and other expenditure incurred related to Project Construction after the
Completion of the Work. In addition, should ‘Procuring Entity’ ask for any other details from
‘Project Management Consultant’ regarding Utilization of Fund at any stage, Detailed
Estimates, Technical Sanctions, Award of Works, Running Bills etc., the same shall be
provided by ‘Project Management Consultant’ readily

8. The ‘Procuring Entity’ shall settle compensation/ levies, if so required to be paid based on
recommendation by ‘Project Management Consultant’ related to the Project works, under
extant Workmen’s Compensation Act or any other Act or Law of the Central or the State
Government.

A. Execution of Work

1. The ‘Project Management Consultant’ shall obtain necessary Statutory Approvals/

Permission/ Clearances/ Certificates from the concerned Local Bodies & Statutory
Authorities like District Authorities, Municipal Corporation, Panchayati Raj Institutions,
Town Planning Board, Electricity Board/ Fire Department, State/ Central Pollution Control
Boards, State/ Central Environmental Authorities, Forrest and Wild-life authorities etc (for
e.g. removal of trees, re-locating utilities; conversion of railway level crossings, laying of
railway sidings needed by the work; traffic control; mining of earth and stone; interfering
protected monuments; blasting permission, environmental/ forest& wild-life clearances; to
start the work have been obtained. The ‘Procuring Entity’ shall be responsible for
providing all assistance to ‘Project Management Consultant’ in this process.

2. Works shall not be awarded by ‘Project Management Consultant’ to contractor till all
statutory approvals/ certificates/ permissions required for taking up the work, are in place.

3. ‘Project Management Consultant’ shall make the work site encumbrance freeby shifting of
the high-tension line and underground pipelines passing through the site.

4. ‘Project Management Consultant’ shall permit ‘Procuring Entity’ to inspect or monitor the
works, either itself or through Technical Monitoring Committee (TMC) as and when it
desires for assessing actual progress and quality of construction and any other aspects.

5. ‘Procuring Entity’ shall provide security clearance and ensure free access for ‘Project
Management Consultant’ staff/ Employees and their workers working at Work site in case
Annexure8

these are required. ‘Project Management Consultant’ shall provide necessary support in
this process.

6. ‘Project Management Consultant’ shall ensure adequate availability of manpower &

material by their contractor.

7. ‘Project Management Consultant’ shall ensure that it’s Contractor(s) implement required
Health, Safety & Environmental (HSE) practices at the Construction Sites and they also
comply with all statutory obligations related to workmen deployed at the Construction Site.
‘Project Management Consultant’ will act as Principal Employer in respect of all Statutory
Obligations related to workmen deployed at the site in execution of the work.

8. ‘Procuring Entity’ shall permit and facilitate to the ‘Project Management consultant’ all
utilities required for construction e.g. drawl of Ground Water, obtaining electricity
connection, putting up Labour Camps/ Huts inside the available space for facilitating
construction by contractors engaged by ‘Project Management Consultant’. ‘Project
Management Consultant’ shall provide necessary support in obtaining permission, if any,
of Local Bodies in this regard. The actual cost in this regard shall be reimbursed by
‘Procuring Entity’.

9. As soon as the work is allocated, ‘Project Management Consultant’ shall prepare and
submit to ‘Procuring Entity’ an Integrated Programme Chart for the execution of work
showing clearly all activities from the start of work to completion of work with details of
manpower and other input information required for the fulfilment of the timelines given
therein. ‘Project Management Consultant’ will intimate ‘Procuring Entity’, Project Team,
both on - site and off-site, starting from Chief Engineer to Junior Engineer associated with
execution of the work. The Programme Chart should inter-alia include descriptive note
explaining sequence of the various activities, Critical Path Method(CPM) Network
Milestones etc. This will form Base Line Programme and the subsequent progress of the
work shall be reviewed with reference to this during periodic Progress Review Meeting
preferably monthly. Any increase in time period from the Base Line Value shall be
construed as Time Overrun.

10. ‘Project Management Consultant’ shall be responsible for providing Physical Progress
Reports to ‘Procuring Entity’ in the form of Critical Path Method (CPM) Network on
monthly basis for reviewing of the progress of the work vis - a vis Base Line Programme
and taking all necessary remedial actions, after taking into account ‘Procuring Entity’s
observations made in respect of quality and progress of the work during the monthly/
periodic Project Review Meetings and also to ensure timely completion of work as per
mutually agreed time-schedule/ milestones and within agreed Cost.

11. ‘Project Management Consultant’ shall also be responsible for providing to ‘Procuring
Entity’ Financial Progress Reports of the project and up to date Expenditure incurred on
the work on monthly basis along with Certificate of Utilization of Fund against Fund earlier
released to ‘Project Management Consultant’ by ‘Procuring Entity’.

12. ‘Project Management Consultant’ shall be responsible for total Project Management
including day-to-day supervision of works, maintenance of all project records and
executing the work as per prescribed guidelines, their own Works Manual, Codes, Books
of Specifications etc and also in accordance with relevant and extant provisions of
 Annexure8

General Financial Rules (GFR), 2017.

B. Project Management, Cost and Time Control

1. ‘Project Management Consultant’ shall implement a system of ‘Project Team Concept’

with dedicated group of Engineers under single and unified command for implementation
of projects from concept to completion and call composite tenders to reduce the number
of packages for better management. ‘Project Management Consultant’ shall be obliged to
adopt all the above said measures to successful completion of the works within tendered
cost and agreed Time period.

2. ‘Project Management Consultant’ shall be responsible for managing the Project from
concept to commissioning effectively and efficiently to ensure desired/ proportionate pace
of progress and completion of work is achieved progressively vis-à-vis approved Plans &
Specifications and in Terms and Conditions of the MOUs, and mutually agreed
milestones and timelines and tendered cost, taking with due diligence all required pro-
active remedial measures including provision of stringent and elaborate enforceable
Clauses to this effect and also making time as the essence of contract in the Bid and
Contract Documents. ‘Project Management Consultant’ shall provide for clauses in the
contract and established procedure to recover liquidated damages from their contractors/
agencies. The liquidated damages recovered from the contractor for delay, if any, shall be
credited to ‘Procuring Entity’ in the project accounts.

3. ‘Project Management Consultant’ be responsible for maintenance of all project records

and executing the works as per prescribed guidelines, their own Works Manual, Codes,
Books of Specification etc and also in accordance with relevant and extant provision of
General Financial Rules (GFR), 2017.

4. The tendered Cost including all charges should not exceed during execution of the Project
except in case of extra work over tendered estimate carried out at the request of
‘Procuring Entity’ etc. No additional expenditure over and above the tendered Cost shall
be incurred by ‘Project Management Consultant’ without prior approval of ‘Procuring
Entity’. Upward Revisions in either Cost or Timeline should be an exception rather than a
rule and for achieving this objective, all required efforts shall be made by ‘Project
Management Consultant’

5. At any time, it appears to ‘Procuring Entity’ that the actual progress of the work does not
conform to the approved programme referred above and intimated to ‘Project
Management Consultant’ by ‘Procuring Entity’, detailed reasons and justifications for such
delays shall have to be provided by ‘Project Management Consultant’, which shall be
examined by Procuring Entity/TMC to re-Schedule the Programme, if any. Quarterly
progress Review Meetings preferably monthly shall be held between ‘Project
Management Consultant’ and ‘Procuring Entity’ for reviewing the progress of works based
on Baseline Programme/ Milestones etc. and also for resolving co-ordination issues, if any
including fixing priority of some works, facilities and services for their early completion and
handing over to ‘Procuring Entity’ for putting item to use for intended purpose. A&E
Consultants may also participate. ‘Project Management Consultant’ will also designate a
nodal officer in respect of specific work for coordinating with ‘Procuring Entity’ and A & E
Consultant. Such designated nodal officer shall be suitably empowered and authorized to
lake decisions in work related issues so that delays is minimized for achieving timely
 Annexure8

completion of work.
6. ‘Project Management Consultant’ shall be required to complete the project within the
period stipulated in this MOU. In case of delay, which may occur due to the reasons
beyond the control of ‘Project Management Consultant’, ‘Project Management Consultant’
would approach SAI with full details/justification for extension in time limit for completion
of the works.

Granting Extension of Time to the Contractor (only after permission from SAI is obtained)
for the completion of Works, with or without Liquidated Damages, subject to keeping SAI
informed the same with full details and proper justification for the same.

7. ‘Project Management Consultant has to execute the work strictly in accordance with the
approved drawing, design, specification, quality, quantity within Tender cost and time, in
case in the interest of work, deviation becomes inevitable , prior permission of SAI, giving
full technical reasons/ justification along-with cost and time over run, if any involved must
be obtained. After receipt of permission ‘Project Management Consultant’ shall keep a
close watch on deviations during execution of extra Extra, substituted and additional items
and Deviations in Quantities of Schedule items. The ‘Project Management Consultant’
shall fix the Rates for items/quantities covered by Deviation orders given below:

a. While fixing the rates of deviation items, no undue benefits accrues the contractor as a
result of the execution and also while fixing the rate for deviated items rates for both
scheduled and non scheduled items should be fixed in terms of procedures defined in
the contract and also in the relevant clauses of manual of the ‘Project Management
Consultant, availing discount if applicable as per the contract.

C. Disputes, Enquiries and Queries

1. ‘Project Management Consultant’ shall be responsible for observing due diligence and
adopting all possible measures at various stages of work execution so as to avoid
Arbitration/ Litigation end other hindrances and the work is completed within optimum cost
and time in hassle free environment.

2. ‘Project Management Consultant’ shall be responsible for defending all Arbitration and
Court Cases arising out of execution till defect liability period examining the Arbitration
Award/ Decree of Court or Law/ liability by appropriate authority in ‘Project Management
Consultant’ and forwarding the same along with a comprehensive report on the
circumstance leading to the Arbitration/ Court Cases and the reasons and justification as
to why an appeal against such awards/ decree was not considered necessary briefing out
inter-alia details of the award and clear cut recommendations. The decision of the
competent authority in ‘Project Management Consultant’ to decide about acceptance,
appeal of award or challenge the same in a Court of Law will be made in agreement with
the ‘Procuring Entity’.

3. ‘Procuring Entity’ shall settle and pay the final claims which may be decreed by a Court of
Law, Tribunal or by award of an Arbitration in relation-to the-deposit work, based on
recommendations of ‘Project Management Consultant’.

4. ‘Project Management Consultant’ shall be responsible for redressing and complying with
the observations of CTE/ CVC, Auditors, Statutory Authorities, Local Bodies, Municipal
Corporation etc. pertaining to the work under intimation to ‘Procuring Entity’. Providing all
 Annexure8

work-related information promptly to ‘Procuring Entity’ for replying to Parliament

Questions, queries from various Constitutional & Statutory Authorities.

5. ‘Project Management Consultant’ shall be fully responsible to defend any suits or

arbitration cases arising out of project in connection with the work between ‘Project
Management Consultant’ and its Contractors(s). Settling the Claims/disputes, if any, made
by the Works Contractors, where there is disagreement between ‘Project Management
Consultant’ and the Works Contractor, such disputes shall be referred for Arbitration by an
Arbitrator as provided for in the Works Contract between ‘Project Management
Consultant’ and the contractor. All amounts payable to the contractor on his claims
decided by the arbitrator and agreed to by the contractor will be charged to the cost of
works. For such situation ‘Project Management Consultant’ has to seek prior permission
from the Client with respect to acceptance/challenge of the award.

D. Completion and Handing-over of Completed Work and Facilities

1. ‘Project Management Consultant’ shall obtain work Completion/ Occupancy Certificates &
Clearances for completed Work and Facilities before handing over the same to ‘Procuring
Entity’ for putting them to functional use. ‘Procuring Entity’ shall provide all assistance in
this process.

2. ‘Project Management Consultant’ shall hand over to ‘Procuring Entity’ or its Authorized
Representative completed Work including all Services and Facilities constructed in
accordance with the Approved Plans, Structural Stability Certificate, Specifications
fulfilling all techno-functional requirements agreed with ‘Procuring Entity’ along with
Inventory, As built - Drawings, Maintenance Manual/ Standard Operating Procedure (
SOP) for Equipment’s and Plants, all clearances /Certificates from Statutory Authorities,
Local Bodies etc. Three sets of drawings/ specifications on the basis of which the
structure has been built up along with the other documents at the time of handing over of
the project.

3. On completion of the work, a Project Completion Report (PCR) shall be submitted by

‘Project Management Consultant’ duly bringing out the Final Project Completion Cost,
Total Time period taken to complete the work and also completed Project Components as
against the tendered cost, Time and Project Components. The PCR shall be submitted
along with Final Project Accounts including return of unspent balance amount to
‘Procuring Entity’ within one month of settlement of audited final bills of the contractor/
other agencies deployed on the work by ‘Project Management Consultant’.

E. Termination of MoU

1. If ‘Procuring Entity’ decides to terminate this MOU or decides to drop/ abandon the work
after substantial preliminary work has been done by ‘Project Management Consultant’ on
the work, both ‘Project Management Consultant’ and ‘Procuring Entity’ shall mutually
decide the loss incurred by ‘Project Management Consultant’ for payment by the latter to
the former. In case of abandonment of project/ work by ‘Procuring Entity’ during
construction stage, ‘Procuring Entity’ shall pay to ‘Project Management Consultant’, after
determining the value of the works, goods and contractors documents and any other
sums clue to them for work executed in accordance with the MOU, to help out to liquidate
only such liabilities as were squarely needed towards construction/ consultant agencies
 Annexure8

engaged on the work, in a fair and reasonable manner.

F. Penalty

1. PMC shall be required to complete the construction of project within the period stipulated in this
MOU. In case of delay, which may occur due to the reasons beyond the control of PMC, PMC
would approach SAI with full details/justification for extension in time limit for completion of the
works.

2. If the PMC fails to perform any of the Services under this document within the requisite time
period as mentioned in this document, for reasons he must warrant, SAI shall, unless the
Special Conditions include a derogation, be authorized to inflict a penalty of 0.5% (zero point
five percent) of the total Service Charge payable to the PMC by the SAI for every week of
delay, subject to a cap of 5% of the total Service Charge payable to the PMC. Beyond such
penalty, SAI may have right to terminate / review of the Contract.

3. If the completion of project is delayed by up to 6 months due to derogation, or any unforeseen

situation which is mutually agreeable between PMC and SAI there will not be levy of any
penalty charged on PMC.

4. No Penalty will be imposed for delay attributable to SAI or reasons which fall within the
definition of Force Majeure of this RFP.

5. Any compensation levied by the PMC due to non-fulfilment of any clause of the contract by the
contactor or any recovery from the contractor for bad work or any other reasons whatsoever
shall be passed on to SAI.

G. Miscellaneous

1. Disputes between ‘Procuring Entity’ and ‘Project Management Consultants’: As dispute

resolution mechanism for implementation of the provisions of this MoU, at the first
instance the issues involved shall be brought before Director Infra, SAI of ‘Procuring
Entity’ and concerned Chief Engineer of ‘Project Management Consultant’ for their
resolution. In case, however, disputes/ differences between the parties do not get
resolved, the matter shall be escalated to higher level in ‘Procuring Entity’, and ‘Project
Management Consultant’, who shall be above the level of CE in the respective
organizations. They shall submit a comprehensive report and recommendation to
‘Procuring Entity’ and ‘Project Management Consultant’ for facilitating to come on
conclusion to final decision in the matter.

2. Individual and joint responsibilities of the Parties shall be as per clauses mentioned
above.

3. No amendment in Terms & Conditions of the MoU shall be valid and effective unless it is
in writing and duly signed by authorized representatives of ‘Procuring Entity’ and ‘Project
Management Consultant’. Each party shall give due consideration to any proposal for
amendment/ modification to be made by other party with proper justifications thereof.

4. Provisions, if any, made in respect of deposit works in ‘Project Management Consultant’s

Works Manual or Codes shall be examined by the Procuring entity and the procuring
entity may have the discretion to choose between old and modified provision of the
manual for execution of ‘Procuring Entity’ works by ‘Project Management Consultant’.
 Annexure8

For and On Behalf of SAI For and On Behalf of PMC

Signature Signature

Witnesses

1.
2.

Date: ..........................

Place: ..........................
 Annexure8

DOCUMENTS TO BE SUBMITTED

The following documents are to be submitted with the RFP. Upload online the scanned copies as
per the instructions mentioned in Annexure X.

If Yes,
Sr. No. Document to be submitted online Yes/No
Page No.
1 EMD for an Amount of Rs. 67,500/-
2 Bid Submission Form
3. Pre-Qualification Documents
a Legal Entity
i Copy of Memorandum of Agreement
ii Copy of Registration Certificate
iii Work order or contract establishing existence and
expertise in consulting business for more than 10
years.
B Consulting Experience
i Work Orders + Completion Certificates/ payment proof
from client /certification from a Chartered Accountant
certifying the claim required for each consultancy
projects
c Turnover
i CA Certified Certificate as per Annexure-VIII
D Relevant Experience
i Work Orders + Completion Certificates/ payment proof
from client /certification from a Chartered Accountant
certifying the claim required for each consultancy
projects
e Fit and Proper Person Undertaking
f Declaration in respect to GFR Rule 144 xi
g Declaration in respect to local content.(As per 3 (b) of
DPIIT order dated 16.09.2020).
h Quality of Manpower for the Project - self-certified
sheet
5. Authorized Signatory – Power of Attorney
6. Declaration regarding Acceptance of all terms and
Conditions of the RFP and its subsequent
amendments
7 Notarized Blacklisting certificate i.e. " Ms/ ..................
has not been stand barred/blacklisted/put on holiday
by any State Govt. (SG) or Union Territory (UT) or
Govt. of India (GoI), or any of the agencies of
SG/UT/GoI or any of the Universities of SG/UT/GoI as
on bid due date or pending investigation".