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Last Date & Time of Bid Submission : 10.09.2010 upto 11.00 Hrs.
For further details and updates, please visit tender section on IRCON's
website www.ircon.org and Railway's website www.indianrailways.gov.in.
Amendments/ Corrigendum, if any, would be hosted on the website only.
General Manager /Projects
Address : C-4, District Centre, Saket, New Delhi - 110 017 (India)
IRCON INTERNATIONAL LIMITED
CONSULTANT
FOR
PRE-FEASIBILITY STUDY
FOR
RFP for Consultancy for High Speed Rail Corridor between Delhi-Agra-Lucknow-Varanasi-Patna
.............................
DISCLAIMER
This RFP is not an agreement and is neither an offer nor invitation by IRCON
INTERNATIONAL LIMITED to the prospective Applicants or any other person. The
purpose of this RFP is to provide interested parties with information that may be useful to
them in the formulation of their Proposals pursuant to this RFP. This RFP includes
statements, which reflect various assumptions and assessments arrived at by IRCON
INTERNATIONAL LIMITED in relation to the Consultancy. Such assumptions,
assessments and statements do not purport to contain all the information that each
Applicant may require. This RFP may not be appropriate for all persons, and it is not
possible for IRCON INTERNATIONAL LIMITED, 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 Applicant 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.
Information provided in this RFP to the Applicants is on a wide range of matters, some of
which depends upon interpretation of law. The information given is not an exhaustive
account of statutory requirements and should not be regarded as a complete or
authoritative statement of law. IRCON INTERNATIONAL LIMITED accepts no
responsibility for the accuracy or otherwise for any interpretation or opinion on the law
expressed herein.
IRCON INTERNATIONAL LIMITED 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 IRCON INTERNATIONAL LIMITED is bound
to select an Applicant or to appoint the Selected Applicant, as the case may be, for the
Consultancy and IRCON INTERNATIONAL LIMITED reserves the right to reject all or
any of the Proposals without assigning any reasons whatsoever.
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RFP for Consultancy for High Speed Rail Corridor between Delhi-Agra-Lucknow-Varanasi-Patna
The Applicant shall bear all its costs associated with or relating to the preparation and
submission of its Proposal including but not limited to preparation, copying, postage,
delivery fees, expenses associated with any demonstrations or presentations which may be
required by IRCON INTERNATIONAL LIMITED or any other costs incurred in
connection with or relating to its Proposal. All such costs and expenses will remain with
the Applicant and IRCON INTERNATIONAL LIMITED shall not be liable in any
manner whatsoever for the same or for any other costs or other expenses incurred by an
Applicant in preparation or submission of the Proposal, regardless of the conduct or
outcome of the Selection Process.
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RFP for Consultancy for High Speed Rail Corridor between Delhi-Agra-Lucknow-Varanasi-Patna
GLOSSARY
Additional Costs As in Item G of Form-2 of Appendix-II
Agreement As defined in Clause 2
Applicant As defined in Clause 2.1.1
Conditions of Eligibility As defined in Clause 2.2.1
Conflict of Interest As defined in Clause 2.2.9
CV Curriculum Vitae
DBFOT Design, Build, Finance, Operate and Transfer
Eligible Assignments As defined in Clause 3.1.4.1
Expatriate Expert As defined in Clause 1.1.1(h) of Schedule-2
Form of Agreement Form of Agreement as in Schedule -2
Financial Proposal As defined in Clause 2.9.4
INR, Re, Rs. Indian Rupee
IR Indian Railways
IRCON IRCON INTERNATIONAL LIMITED Ministry of Railways
Inception Report As defined in Clause 3.1 of Schedule-1
Key Expert As defined in Clause 2.1.3
LOA Letter of Award
Official Website As defined in Clause 1.11.2
Expert As defined in Clause 1.1.1(l) of Schedule-2
Proposal As defined in Clause 1.2
Proposal Due Date or PDD As defined in Clause 1.8
Resident Expert As defined in Clause 1.1.1(n) of Schedule-2
RFP As defined in Disclaimer
Services As defined in Clause 1.1.1(o) of Schedule -2
Selection Process As defined in Clause 1.6
Selected Applicant As defined in Clause 2.9.3.6
Sole Firm As defined in Clause 2.1.1
Statement of Expenses As defined in Note 13, Form-2 of Appendix- II
Statutory Auditor An Auditor appointed under Applicable Laws
Sub - Consultant As defined in Clause 1.1.1(q) of Schedule-2
Support Expert As defined in Clause 2.9.3.6
TOR Terms of Reference as in Schedule - I
US$ United States Dollar
The words and expressions beginning with capital letters and defined in this document shall,
unless the context otherwise requires, have the meaning ascribed thereto herein.
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TABLE OF CONTENTS
Schedules 46
7. Terms of Reference 47-62
8. Form of Agreement 63-93
Annex-1: Terms of Reference 94
Annex-2: Deployment of Expert 95
Annex-3: Estimate of Expert Costs 96
Annex-4: Approved Sub-Consultant 97
Annex-5: Cost of Services 98
Appendices 102
Appendix-I: Technical Proposal
Form 1: Letter of Proposal 103-106
Form 2: Particulars of the Applicant 107-109
Form 3: Statement of Legal Capacity 110
Form 4: Power of Attorney 111-112
Form 5: Financial Capacity of Applicant 113
Form 6: Particulars of Key Expert 114
Form 7: Proposed Methodology and Work Plan 115
Form 8: Experience of Applicant 116-117
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Form 9: Experience of Key Expert 118
Form 10: Eligible Assignments of Applicant 119
Form 11: Eligible Assignments of Key Expert 120
Form 12: CV of Professional Expert 121-122
Form 13: Deployment of Expert 123
Form 14: Work Program 124
Form 15: Survey and Field Investigations 125
Form 16: Proposal for Sub-Consultant 126
Appendix - II Financial Proposal
Form 1: Covering Letter 127
Form 2: Financial Proposal 128-130
Form 3: Estimate of Expert Costs 131
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Request for Proposal
1. INTRODUCTION
Indian Railways (“IR”) owns and manages one of the largest Railway networks of
the world with over 64,015 Route Km and 7,030 Railway Stations. Operations of
IR are overseen by Ministry of Railways, Government of India through 16 Zonal
Railways headed by General Managers. IR carries more than 17.5 million
passengers every day and some of the major Railway Stations handle passenger
foot falls in the range of 100-200 million per annum.
1.1 Background
India is currently recognized as one of the fastest growing economies in the world
and is expected to continue with even faster growth. With magnitude and fast
growth of economy, India leads the economic growth in South Asian region and
accounts for approximately 70% of the region’s output. Works done within the
Planning Commission and other economic institutes suggest that India’s economy
can accelerate from 8 per cent per year to an average of around 9% over the 11th
Plan period. With population growing at 1.5% per year, 9% growth in GDP would
double the real per capita income in 10 years.
Such rapid economic growth (in recent years) generates considerable traffic
demand. The Vision 2020, India’s long-term national development plan, stresses
the progress made over the last fifty years in developing the passenger and freight
transport system of India: “India’s network of roads, railways, air services and
ports is one of the largest in the world. Over the last 50 years, the volume of
railway freight has increased five-fold and passenger kilometers nearly seven-fold.
The length of surfaced roads has multiplied nine-fold. The number of goods
vehicles has increased 40-fold .The tonnage of freight handled by the nation’s
expanding system of major and minor ports has grown more than 16-fold.
Currently, about 800 billion tonne km of freight and 2,300 billion passenger km are
handled by the transport system, with the total transport demand growing at around
10 per cent a year for the past decade.”
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RFP for Consultancy for High Speed Rail Corridor between Delhi-Agra-Lucknow-Varanasi-Patna
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Infrastructure development in the transport sector has not kept pace with the
growth in demand of transportation services. There is an untapped, potentially
huge market for premium transport services, which combine speed, safety and
comfort. The need to develop an energy- efficient, environment-friendly public
transport system, coupled with the rapid advance in rail-based transportation
technology, provides the right opportunity to develop a high speed passenger rail
network in the country.
High Speed Trains – zooming at commercial speeds above 300 kmph will cater to
the segment of intercity travelers seeking to travel distances of up to 500-700 kms
in two to three hours.
The need of the hour is faster movement of both passenger and goods. In the case
of passenger traffic, the boom in the airline sector and sustained growth of the last
few years reflects upon the premium paid for the shorter transit times between
cities. High speed passenger railway system will thus usher in a new transport
product not available in the country at present. It will also fill up a vacuum in the
current passenger transport scenario.
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RFP for Consultancy for High Speed Rail Corridor between Delhi-Agra-Lucknow-Varanasi-Patna
Request for Proposal
RFP document can be obtained between 11 hrs and 16 hrs on all working days on
payment of a fee of Rs. 25000.00 Twenty five thousand only) in the form of a
demand draft drawn on any Scheduled Bank in India in favor of IRCON
INTERNATIONAL LIMITED and payable at N.Delhi. The document can also
be downloaded from the Official Website of Indian Railways and the Ircon
International Ltd i.e. www.indianrailways.gov.in and www.ircon.org respectively.
In case of a downloaded form, the Applicant needs to deposit the aforesaid fee
prior to participation in the Pre-Bid Conference. In case an Applicant does not
participate in the Pre-Bid Conference, it shall deposit the aforesaid fee prior to or at
the time of submission of its Proposal.
The Proposal shall be valid for a period of not less than 120 days from the Proposal
Due Date (the “ PDD” ).
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For the purposes of technical evaluation, Rs. 45 per US $ shall be considered as the
applicable currency conversion rate. In case of any other currency, the same shall
first be converted to US$ as on the date 60 (sixty) days prior to the Proposal Due
Date, and the amount so derived in US Dollars shall be converted into Rupees at
the aforesaid rates.
The conversion rate of such currencies shall be using the Exchange (TT Selling)
rate at the close of business as notified by the State Bank of India as on the date 60
(sixty) days prior to the Proposal Due Date. In case this particular day happens to
be holiday, the exchange rate at the opening of business of the State bank of India
on next working day will be considered.
All payments, however, shall be made in INR in accordance with the bid
submitted by the Applicant and the exchange risk, if any, shall be borne by
the Applicant. The Consultant shall be free to convert Rupees into any foreign
currency as per Applicable Laws.
Prospective applicants may like to apprise themselves of the rail facilities including
stations and other transport nodes along the corridor at any time prior to PDD at
their own expenses and convenience.
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RFP for Consultancy for High Speed Rail Corridor between Delhi-Agra-Lucknow-Varanasi-Patna
Request for Proposal
1.11.1 All communications including the submission of Proposal should be addressed to:
General Manager/Projects
IRCON INTERNATIONAL LIMITED,
C-4, District Center, Saket
New Delhi-110017(India)
Phone: +91-11-29565666
Fax: +91-11-26522000
Email:.info@ircon.org,
dplal@irconisl.com, dplal1@rediffmail.com
http://www.ircon.org
1.11.3 All communications, including the envelopes, should contain the following
information, to be marked at the top in bold letters:
-
Pre-feasibility Study for Delhi-Agra-Luknow-Varanasi-Patna
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2. INSTRUCTIONS TO APPLICANTS
2.1.2 Applicants are advised that the selection of Consultant shall be on the basis of an
evaluation by IRCON INTERNATIONAL LIMITED through the Selection
Process specified in this RFP and at the discretion of IRCON INTERNATIONAL
LIMITED. Applicants will be deemed to have understood and agreed that no
explanation or justification of any aspect of the Selection Process will be given and
that IRCON INTERNATIONAL LIMITED decisions on behalf of MINISTRY OF
RAILWAY’ s are without any right of appeal whatsoever.
The Consultancy Team shall consist of the following Key Experts who shall
discharge their respective essential responsibilities as specified below:
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offsite, in India.
Train operation Responsible for preparation of 20 working days offsite
Expert train operation plan, estimation in India
of requirement of rolling stock,
passenger revenue and
operating and maintenance
cost.
Alignment Design Responsible for optimized 20 working days onsite
expert preliminary design of track and 40 working days
alignment, preparation of offsite in India
schematic track layouts in
depot and workshops and
abstract cost estimation of
track including lines in depots
Structural Design Responsible for preliminary 5 working days on
Expert civil engineering design and Project site and another
abstract cost estimation of 20 working days offsite
bridges and other structures in India
including buildings,
maintenance facilities,
permanent way, civil
engineering assets etc.
Rolling Stock and Responsible for recommending 20 working days
Electrical Expert rolling stock, traction offsite in India
equipment, other electrical
installations and their costing.
Signaling and Train Responsible for recommending 20 working days offsite
Control Expert signaling train control system, in India
telecommunication facilities,
fare collection etc and their
costing.
Real Estate and Responsible for quantifying 50 working days on
Urban Planning revenues from possible real Project site and another
Expert estate development 30 working days offsite
conforming to compatible in India
urban forms at station sites or
at isolated locations along the
corridor.
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Rehabilitation
Note : (i) “ on project site” / “ on site” shall mean “ on-site anywhere on the proposed
corridor” .
2.2.1 Applicants must read carefully the minimum conditions of eligibility (“ Conditions
of Eligibility” ) provided herein. Proposals of only those Applicants who satisfy the
Conditions of Eligibility will be considered for evaluation. To be eligible for
evaluation of its Proposal, the Applicant shall fulfil the requirements set out at
clauses 2.2.2 to 2.2.10, 2.5.2, 2.9, 2.10, 2.11, 2.13.5 and 2.14.1.4 :
The Sole Firm or the Lead Member in case the Applicant is a Consortium, shall
have met the following requirements preceding the PDD
(b) have been awarded or completed a minimum of two EAs as listed below
(excluding the (a) above),
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RFP for Consultancy for High Speed Rail Corridor between Delhi-Agra-Lucknow-Varanasi-Patna
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Note :
It may be noted that if the sole firm or the lead member of the consortium, who
is/are applicants in this tender, was only one of the constituents in an eligible
assignment, then for the purpose of qualifying in this tender, their share in
payments received should not have been less than 30% of the total payment
made to the consortium for that eligible assignment.
Sole Firm or Lead Member in case the Applicant is a Consortium shall have
received a minimum income of Rs.250 million or US $ 10 million per annum from
professional fees during each of the three years preceding the Proposal Due Date.
The Sole Firm or the Lead Firm in case the Applicant is a Consortium should have
the Team Leader on its rolls. Key Experts other than Team Leader shall be drawn
from Sole Firm or from either of Lead Firm or partner firms in case Applicant is a
Consortium subject to clauses 3.1.2 and 3.1.4 meeting the eligibility requirements
specified in Sub-clause below. However sub-consultant may be engaged as per the
provisions of clause 3.1.4 of RFP.
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RFP for Consultancy for High Speed Rail Corridor between Delhi-Agra-Lucknow-Varanasi-Patna
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2.2.4.2 Eligibility of Key Expert: Each of the Key Experts must fulfill the Conditions of
Eligibility specified below subject to stipulation in clauses 3.1.2 and 3.1.4:
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RFP for Consultancy for High Speed Rail Corridor between Delhi-Agra-Lucknow-Varanasi-Patna
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A consolidated table showing the detailed requirement for the Key experts:
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Demand Forecast forecast Transportation Demand Forecast Expert for and another 30
Expert Engineering or multi-stage transport working days
Operations demand modeling on rail or offsite, in India.
Research or road infrastructure projects
Masters in in at least two completed
Statistics or Civil Detailed Project Reports
Engineering/Mast (DPR), Feasibility study of
ers in rail or road infrastructure
Transportation projects, out of which at
Economics least one should be rail
based (Total 2
Assignments).
Train operation Responsible for preparation Masters/ 15 Should have worked as 20 working days
Expert of train operation plan, Bachelors/ Operations Planner/Traffic offsite in India
estimation of requirement Diploma in any expert in at least one
of rolling stock, passenger discipline completed Eligible
revenue and operating and Assignment (as defined in
maintenance cost. para 2.2.2) consisting of
pre-feasibility study or DPR
for which Project was
constructed and
commissioned and two
more Eligible Assignments
(as defined in para 2.2.2),
which were completed or
are in progress (Total 3
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RFP for Consultancy for High Speed Rail Corridor between Delhi-Agra-Lucknow-Varanasi-Patna
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Eligible Assignments).
Alignment Design Responsible for optimized Masters/ 15 Should have worked as 20 working days
expert preliminary design of track Bachelors in Civil Chief Alignment Design onsite and 40
alignment, preparation of Engg. expert in at least one working days
schematic track layouts in completed Eligible offsite in India
depot and workshops and Assignment (as defined in
abstract cost estimation of para 2.2.2) consisting of
track including lines in DPR for which Project was
depots constructed and
commissioned and two
more Eligible Assignments
(as defined in para 2.2.2),
which were completed or
are in progress (Total 3
Eligible Assignments).
Structural Design Responsible for Masters in 15 Should have worked as 5 working days
Expert preliminary civil Structural Engg. Chief Structural Designer in on Project site
engineering design and with Bachelors in at least one completed and another 20
abstract cost estimation of Civil Engg. or assignment (as defined in working days
bridges and other structures Bachelor of Civil para 2.2.2) consisting of offsite in India
including buildings, Engg. DPR or PMC of high speed
maintenance facilities, railway project having
permanent way, civil operational speed of at least
engineering assets etc. 200 km per hour and one
more similar assignment,
which was completed or is
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RFP for Consultancy for High Speed Rail Corridor between Delhi-Agra-Lucknow-Varanasi-Patna
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in progress (Total 2
assignments).
Rolling Stock and Responsible for Masters/ 15 Should have worked as 20 working days
Electrical Expert recommending rolling Bachelors in Chief Electrical Rolling offsite in India
stock, traction equipment, Mechanical/ Stock and Electrical Expert
other electrical installations Electrical in at least one completed
and their costing. Engineering. Eligible Assignment (as
defined in para 2.2.2)
consisting of DPR for which
Project was constructed and
commissioned and one
more Eligible Assignment,
(as defined in para 2.2.2)
which was completed or is
in progress (Total 2 Eligible
Assignments).
Signaling and Train Responsible for Masters/ 15 Should have worked as 20 working days
Control Expert recommending signaling Bachelors in Signaling and Train Control offsite in India
train control system, Electrical/ Expert in at least one
telecommunication Telecommuni- completed Eligible
facilities, fare collection etc cation Assignment (as defined in
and their costing. Engineering. para 2.2.2) consisting of
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RFP for Consultancy for High Speed Rail Corridor between Delhi-Agra-Lucknow-Varanasi-Patna
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RFP for Consultancy for High Speed Rail Corridor between Delhi-Agra-Lucknow-Varanasi-Patna
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RFP for Consultancy for High Speed Rail Corridor between Delhi-Agra-Lucknow-Varanasi-Patna
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2.2.5 The Applicant shall enclose with its Proposal, certificate(s) from its Statutory
Auditors stating its revenues from professional fees during the past three years and
the payments received in respect of each of the Eligible Assignments specified in
the Proposal. In case sole firm or lead firm was one of the constituents of
consortium in the Eligible Assignment then the proportionate share of firm, out of
the total payment made to consortium for that EA should be certified by the
statutory auditors.
2.2.6 The Applicant should submit a Power of Attorney in the format specified at Form
4 of Appendix I, authorising the signatory of the Proposal to commit the Applicant.
2.2.7 Any entity which has been barred, by the Central / State Government in India or by
any entity controlled by them, from participating in any project and the bar subsist
as on the date of Proposal, and would not be eligible to submit a Proposal.
2.2.8 An Applicant should, in the last three years, have neither failed to perform on any
agreement, as evidenced by imposition of a penalty by an arbitral or judicial
authority or a judicial pronouncement or arbitration award against the Applicant,
nor been expelled from any project or agreement nor have had any agreement
terminated for breach by such Applicant.
2.2.9.1 An Applicant shall not have a conflict of interest (the “ Conflict of Interest” ), that
affects the Selection Process. Any Applicant found to have a Conflict of Interest
shall be disqualified. In the event of disqualification, IRCON INTERNATIONAL
LIMITED shall forfeit and appropriate the Bid Security as mutually agreed
genuine pre-estimated compensation and damages payable to IRCON
INTERNATIONAL LIMITED for, inter alia, the time, cost and effort of IRCON
INTERNATIONAL LIMITED including consideration of such Applicant’ s
Proposal, without prejudice to any other right or remedy that may be available to
IRCON INTERNATIONAL LIMITED hereunder or otherwise.
2.2.9.3 Without limiting the generality of the above, an Applicant shall be considered to
have a Conflict of Interest that affects the Selection Process, if:
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RFP for Consultancy for High Speed Rail Corridor between Delhi-Agra-Lucknow-Varanasi-Patna
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(i) such applicant (or any constituent thereof) and any other Applicant (or any
constituent thereof) have common controlling shareholders or other
ownership interest; provided that this qualification shall not apply in cases
where the direct or indirect shareholding in an Applicant or a constituent
thereof in other Applicant(s) (or any of its constituents) is less than 1% of its
paid up and subscribed capital; or
(iii) such Applicant receives or has received any direct or indirect subsidy from
any other Applicant; or
(iv) such Applicant has the same authorised representative for purposes of this
Application as any other Applicant; or
(v) such Applicant has a relationship with another Applicant, directly or through
common third parties, that puts them in a position to have access to each
others’ information about, or to influence the Application of either or each of
the other Applicant; or
(vi) if there is a conflict among this and other consulting assignments of the
Consultant (including its Expert and sub-Consultant) and any subsidiaries or
entities controlled by such Consultant. The duties of the Consultant depend
on the circumstances of each case. While providing consultancy services to
IRCON INTERNATIONAL LIMITED for this particular assignment, the
Consultant shall not take up any assignment that by its nature will result in
conflict with the present assignment; or
Each Applicant shall submit only one Proposal in response to RFP for one
contract. Any Applicant/Firm, which submits or participates in more than one
Proposal for one contract will be disqualified and will also cause the
disqualification of each of the consortia of which it is a member.
The Applicant shall be responsible for all of the costs associated with the
preparation of its Proposal, Presentation to IRCON INTERNATIONAL LIMITED
if any and subsequent negotiation, including visits to IRCON INTERNATIONAL
LIMITED, Project site etc. IRCON INTERNATIONAL LIMITED will not be
responsible or in any way liable for such costs, regardless of the conduct or
outcome of the Selection Process.
2.4.1 Applicants are encouraged to submit their respective Proposals after, visiting the
various points of origin, destination & intermediate nodes and ascertaining for
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themselves the site conditions, traffic, location, surroundings, climate, access to the
site, availability of drawings and other data with IRCON INTERNATIONAL
LIMITED, applicable laws and regulations or any other matter considered relevant
by them.
2.4.2 It shall be deemed that by submitting the Proposal, the Applicant has:
2.4.3 IRCON INTERNATIONAL LIMITED shall not be liable for any omission,
mistake or error on the part of the Applicant in respect of any of the above or on
account of any matter or thing arising out of or concerning or relating to RFP or
the Selection Process, including any error or mistake therein or in any information
or data given by IRCON INTERNATIONAL LIMITED.
2.5 Right to accept any Proposal and to reject any or all Proposals
(a) accept or reject any Proposal and to at any time without any liability or any
obligation for such acceptance, rejection or annulment, and without
assigning any reasons thereof
(b) Suspend and/or cancel the Selection Process and/or amend and/or
supplement the Selection Process or the dates or other terms and conditions
relating thereto
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(c) Pre-qualify or not to pre-qualify any Applicant and/or to consult with any
Applicant in order to receive clarification or further information.
2.5.2 IRCON INTERNATIONAL LIMITED reserves the right to reject any Proposal if:
2.6.1 This RFP comprises the disclaimer set forth hereinabove, the contents as listed
below and will additionally include any Addendum / Amendment issued in
accordance with Clause 2.8.:
Request for Proposal
1 Introduction
2 Instructions to Applicants
3 Criteria for Evaluation
4 Fraud and corrupt practice
5 Pre-Proposal Conference
6 Miscellaneous
Schedules
1. Terms of Reference
2. Form of Agreement
Annex-1: Terms of Reference
Annex-2: Manning Schedule
Annex-3: Estimate of Expert Costs
Annex-4: Approved Sub-Consultant
Annex-5: Cost of Services
Annex-6: Payment Schedule
Annex-7: Bank Guarantee for Performance Security
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Appendices
Appendix-I: Technical Proposal
Form 1: Letter of Proposal
Form 2: Particulars of the Applicant
Form 3: Statement of Legal Capacity
Form 4: Power of Attorney
Form 5: Financial Capacity of Applicant
Form 6: Particulars of Key Expert
Form 7: Proposed Methodology and Work Plan
Form 8: Experience of Applicant
Form 9: Experience of Key Expert
Form 10: Eligible Assignments of Applicant
Form 11: Eligible Assignments of Key Expert
Form 12: CV of Professional Expert
Form 13: Deployment of Expert
Form 14: Work Program
Form 15: Survey and Field Investigations
Form 16: Proposal for Sub-Consultant
Appendix - II Financial Proposal
Form 1: Covering Letter
Form 2: Financial Proposal
Form 3: Estimate of Expert Costs
2.7 Clarifications
Applicants requiring any clarification on the RFP may send their queries to
IRCON INTERNATIONAL LIMITED in writing before the date mentioned in the
Schedule of Selection Process at Clause 1.8. The envelopes shall clearly bear the
following identification:
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2.8.1 At any time prior to the deadline for submission of Proposal, IRCON
INTERNATIONAL LIMITED may, for any reason, whether at its own initiative or
in response to clarifications requested by an Applicant, modify the RFP document
by the issuance of Addendum/ Amendment.
2.8.2 All such amendments will be notified in writing through fax or e-mail to all
Applicants who have purchased the RFP document. The amendment will also be
posted on the Official Website and will be binding on all Applicants.
2.8.3 In order to afford the Applicants a reasonable time in which to take an Addendum
into account, or for any other reason, IRCON INTERNATIONAL LIMITED may,
at its own discretion, extend the Proposal Due Date.
2.9 Preparation and Submission of Proposal
2.9.1 Language
The Proposal with all accompanying documents (the “ Documents” ) and related
correspondence shall be in the English Language and strictly on the forms
provided in this RFP. No supporting document or printed literature shall be
submitted with the Proposal unless specifically asked for and in case any of these
documents is in another language, it must be accompanied by an accurate
translation of the relevant passages in English duly authenticated by the embassy
of the country, in which case, for all purposes of interpretation of the Proposal, the
translation in English shall prevail.
2.9.2 Format and signing of Proposal
2.9.2.1 The Applicant shall provide all the information sought under this RFP. IRCON
INTERNATIONAL LIMITED would evaluate only those Proposals that are
received in the specified forms and complete in all respects.
2.9.2.2 The Applicant shall prepare and submit only one original set of the Documents.
2.9.2.3 The Proposal shall be typed or written in indelible ink and the Applicant shall put
stamp and initial each page. All the alterations, omissions, additions, or any other
amendments made to the Proposal shall be stamped and initialed by the person(s)
signing the Proposal. The Proposals must be properly stamped and signed as
detailed below:
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A copy of the Power of Attorney certified under the hands of a partner or director
of the Applicant or a notary public on the specified form shall accompany the
Proposal.
2.9.2.4 Applicants should note the Proposal Due Date, as specified in Clause 1.8, for
submission of Proposals. Applicants are reminded that no supplementary material
will be entertained by IRCON INTERNATIONAL LIMITED, and that evaluation
will be carried out only on the basis of Documents received by the closing time of
Proposal Due Date. Applicants will normally not be asked to provide additional
material information or documents subsequent to the date of submission, and
unsolicited material if submitted will be summarily rejected.
2.9.3.1 Applicants shall submit the Technical Proposal in the formats at Appendix-I (the
“ Technical Proposal” ).
2.9.3.2 While submitting the Technical Proposal, the Applicant shall, in particular, ensure
that:
(a) CVs of all Professional Expert have been submitted;
(b) Key Expert have been proposed only if they meet the Conditions of
Eligibility laid down at Clause 2.2.4.2 of the RFP;
(c) no alternative proposal for any Key Expert is being made and only one
CV for each position has been furnished;
(d) the CVs shall contain the recent photograph and have been recently
stamped and signed in blue ink by the respective Expert and counter
stamped and signed by the Applicant. Photocopy or unstamped and signed /
counter stamped and signed CVs shall be rejected;
(e) the CVs shall contain an undertaking from the respective Key Expert about
his/her availability for the duration specified in the RFP; and
(f) Key Expert proposed have good working knowledge of English language.
2.9.3.3 Failure to comply with the requirements spelt out in this Clause 2.9.3 shall make
the Proposal may be rejected.
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availability for the Project is not fulfilled at any stage after signing of the
Agreement, he shall be debarred for any future assignment in Indian Railways.
The award of this Consultancy to the Applicant shall also be liable to cancellation
in such an event.
2.9.3.5 The Technical Proposal must not include any financial information.
2.9.3.6 The proposed team shall be composed of experts and specialists (the “ Key
Expert” ) in their respective areas of expertise and managerial/support staff (the
“ Support Expert” ) such that the Consultant should be able to complete the
Consultancy within the specified time schedule. The Key Expert specified in
Clause 2.1.3 shall be included in the proposed team of Professional Expert. Other
competent and experienced Professional Expert in the relevant areas of expertise
must be added as required for successful completion of this Consultancy. The CV
of each such Professional Expert should also be submitted in the format at Form-12
of Appendix-I. Such CVs submitted by the selected Applicant (the “ Selected
Applicant” ) shall be examined at the time of negotiation.
2.9.3.8 IRCON INTERNATIONAL LIMITED reserves the right to verify all statements,
information and documents, submitted by the Applicant in response to the RFP.
Failure of the IRCON INTERNATIONAL LIMITED to undertake such
verification shall not relieve the Applicant of its obligations or liabilities hereunder
nor will it affect any rights of the IRCON INTERNATIONAL LIMITED there
under.
2.9.3.9 In case it is found during the evaluation or at any time before signing of the
Agreement or after its execution and during the period of subsistence thereof, that
one or more of the eligibility conditions have not been met by the Applicant or the
Applicant has made material misrepresentation or has given any materially
incorrect or false information, the Applicant shall be disqualified forthwith if not
yet appointed as the Consultant either by issue of the LOA or entering into of the
Agreement, and if the Applicant has already been issued the LOA or has entered
into the Agreement, as the case may be, the same shall, notwithstanding anything
to the contrary contained therein or in this RFP, be liable to be terminated, by a
communication in writing by the IRCON INTERNATIONAL LIMITED to the
Bidder, without the IRCON INTERNATIONAL LIMITED being liable in any
manner whatsoever to the Applicant or Consultant, as the case may be.
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2.9.4.1 The financial proposal shall be submitted in the format at Appendix-II (the
“ Financial Proposal” ) clearly indicating the total cost of the Consultancy (Item H
of Form-II) in both figures and words, in Indian Rupees, and stamped and signed
by the Applicant’ s authorised signatory. In the event of any difference between
figures and words, the amount indicated in words/ arithmetical total of all costs
shall be taken into account.
2.9.4.2 While submitting the Financial Proposal, the Applicant shall ensure the following:
(i) All the costs associated with the assignment shall be included in the
Financial Proposal. These shall normally cover remuneration for all the
Expert (Expatriate and Resident, in the field, office etc), accommodation, air
fare, equipment, printing of documents, surveys, geo-technical investigations
etc. The total amount indicated in the Financial Proposal shall be without any
condition attached or subject to any assumption, and shall be final and
binding. In case any assumption or condition is indicated in the Financial
Proposal, it shall be considered non-responsive and liable to be rejected.
(ii) The Financial Proposal shall take into account all expenses and tax
liabilities except those specified in Item G IV of Form -2 at Appendix-II.
2.9.5.1 The Applicants shall submit the Proposal in hard bound form with all pages
numbered serially and by giving an index of submissions. Each page of the
submission shall be stamped and signed by the Authorized Representative of the
Applicant. In case the proposal is submitted on the document down loaded from
Official Website, the Applicant shall be responsible for its accuracy and
correctness as per the version uploaded by IRCON INTERNATIONAL LIMITED
and will ensure that there are no changes caused in the content of the downloaded
document. In case of any discrepancy between the downloaded or photocopied
version of the RFP and the original RFP issued by IRCON INTERNATIONAL
LIMITED, the later shall prevail.
2.9.5.2 The Proposal will be sealed in an outer envelope, which will bear the address of
IRCON INTERNATIONAL LIMITED, RFP Notice no., Consultancy name as
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indicated at Clause 1.11 and the name and address of the Applicant. It shall bear
on top, the following:
2.9.5.3 This outer envelope will contain two separate sealed envelopes, one clearly marked
‘Technical Proposal’ and the other clearly marked ‘Financial Proposal’.
2.9.5.4 The Technical Proposal and Financial Proposal must be prepared in indelible ink
and must be stamped and signed by the Authorized Representative of the
Applicant. All pages of the original Technical Proposal and Financial Proposal
must be numbered and initialed by the person or persons signing the Proposal.
2.9.5.6 The completed Proposal must be delivered on or before the specified time on
Proposal Due Date. If PDD is a holiday then the next working day will be
considered PDD.
2.9.5.7 The Proposal shall be made in the Forms specified in this RFP. Any attachment to
such Forms must be provided on separate sheets of paper and only information that
is directly relevant should be provided. This may include photocopies of the
relevant pages of printed documents. No separate documents like printed annual
statements, company brochures, copy of contracts etc. will be entertained.
While submitting a Proposal, the Applicant should attach clearly marked and
referenced continuation sheets in the event that the space provided in the specified
forms in the Appendices is insufficient. Alternatively, Applicants may format the
specified forms making due provision for incorporation of the requested
information.
2.9.5.8 Proposals submitted by fax or telegram or e-mail will not be accepted. IRCON
INTERNATIONAL LIMITED reserves the right to reject any Proposal that is not
submitted according to instructions stipulated in the RFP.
2.9.5.9 The rates quoted shall be firm throughout the period of performance of the
assignment up to and including acceptance of the Pre-Feasibility Report by IRCON
INTERNATIONAL LIMITED and discharge of all obligations of the Consultant
under the Agreement.
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2.10.1 Proposal should reach IRCON INTERNATIONAL LIMITED before 1100 hours
on the Proposal Due Date at the address provided in Clause 1.11 in the manner and
form as detailed in this RFP.
2.12.1 The Applicant may modify, substitute, or withdraw its Proposal after submission,
provided that written notice of the modification, substitution, or withdrawal is
received by IRCON INTERNATIONAL LIMITED by the specified time on
Proposal Due Date. No Proposal shall be modified, substituted, or withdrawn by
the Applicant after the specified time on Proposal Due Date.
2.13.1 The tenderer must furnish the Earnest Money of RS… … … … … … … .. for
the work as specified failing which the tender shall be summarily rejected.
The Earnest Money may be in any one of the following forms:
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2.13.2.1 The Earnest Money of the tenderer shall be forfeited if he withdraws his
tender during the period of tender validity or extended validity period as
agreed to in writing by the tenderer.
iii) commence the work within the time period stipulated in the tender.
2.13.2.3 In case of forfeiture of EMD, the tenderer shall be debarred from bidding in
case of re-invitation of the tenders.
2.13.3.1 The Earnest Money of the unsuccessful tenderers shall be discharged and
returned as promptly as possible.
2.13.3.2 The Earnest Money Deposit of the successful tenderer shall be dealt as
under:-
2.13.4.1 The tender shall remain valid for the period indicated in “ Appendix to
Tender” after the date of the opening of the tender. If the Tenderer gives
validity period less than that fixed/prescribed by Employer, the tender shall
be liable to be rejected.
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2.13.4.2 Notwithstanding the above clause, Employer may solicit the tenderers’
consent to an extension of the validity period of the tender. The request and
the response shall be made in writing.
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Applicants present at that time. The packet marked “ Financial Proposal” shall be
kept sealed for opening at a later date.
(a) Is received by the Proposal Due Date including any extension thereof
pursuant to Clause 2.10.2
(b) Is stamped and signed, sealed and marked as stipulated in Clause 2.9.2 and
Clause 2.9.5
(c) Is accompanied by the Power(s) of Attorney as specified in Clause 2.2.6
(d) Contains all the information as requested in the RFP;
(e) Contains information in the forms specified in this RFP; and
(f) Fulfils the Conditions of Eligibility.
2.15 Confidentiality
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2.17 Clarifications
2.17.2 If an Applicant does not provide clarifications sought under Clause 2.17.1 above
within the specified time, its Proposal shall be liable to be rejected. In case the
Proposal is not rejected, IRCON INTERNATIONAL LIMITED may proceed to
evaluate the Proposal by construing the particulars requiring clarification to the
best of its understanding, and the Applicant shall be barred from subsequently
questioning such interpretation of IRCON INTERNATIONAL LIMITED.
2.18.1.1 Negotiations
The first ranked Applicant may, if necessary, be invited for negotiations. The
negotiations shall generally not be for reducing the price of the Proposal, but will
be for re-confirming the obligations of the Consultant under this RFP. Issues such
as deployment of Key Expert, understanding of the RFP, methodology and quality
of the work plan, etc. shall be discussed during negotiations.. In case the first
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2.19.1 IRCON INTERNATIONAL LIMITED will not normally consider request of the
selected Applicant for substitution of Key Expert during negotiations as the
ranking of the Applicant is based on the evaluation of the Key Expert, and any
change therein may upset the ranking. Substitution, will, however be permitted if
the Key Expert is not available for reasons of any incapacity due to health, subject
to equally or better qualified and experienced Expert being provided to the
satisfaction of IRCON INTERNATIONAL LIMITED.
2.19.2 IRCON INTERNATIONAL LIMITED expects all the proposed Key Expert to be
available during implementation of the Agreement. IRCON INTERNATIONAL
LIMITED will not consider substitution of Key Expert except under exceptional
circumstances. Such substitution shall be limited to [not more than one] Key
Expert subject to equally or better qualified and experienced Expert being provided
to the satisfaction of IRCON INTERNATIONAL LIMITED. Such substitution
shall be subject to reduction of remuneration equal to 20% of the remuneration
specified for the original Key Expert.
2.19.3 Substitution of the Team Leader will not normally be considered and may lead to
disqualification of the Applicant or termination of the Agreement.
2.20 Indemnity
After selection, a Letter of Award (the “ LOA” ) shall be issued, in duplicate, by the
Authority to the selected Applicant and the Selected Applicant shall, within 7
(seven) days of the receipt of the LOA, sign and return the duplicate copy of the
LOA in acknowledgement thereof. In the event the duplicate copy of the LOA
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duly stamped and signed by the Selected Applicant is not received by the stipulated
date, the Authority may, unless it consents to extension of time for submission
thereof, appropriate the Bid Security of such Applicant as mutually agreed genuine
pre-estimated loss and damage suffered by the Authority on account of failure of
the Selected Applicant to acknowledge the LOA, and the next eligible Applicant
may be considered.
The Consultant shall commence the Services at the Project site within seven days
of the date of effectiveness of the Agreement. If the Consultant fails to either sign
the Agreement as specified in Clause 2.22 or commence the assignment as
specified herein, IRCON INTERNATIONAL LIMITED may invite the second
ranked Applicant for negotiations. In such an event, the Bid Security of the first
ranked Applicant shall be forfeited and appropriated in accordance with the
provisions of Clause 2.13.6.
ii) Performance Security for Contracts valuing more than Rs. 1.00 Crore:
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3.1.1 In the first stage, the Technical Proposal will be evaluated on the basis of
methodology and Work Plan proposed by the Applicant, experience of Applicant,
and experience of Key Experts fielded by the Applicant. Only those Applicants
whose Technical Proposals score 70 points or more out of 100 shall be ranked as
per score achieved by them, from highest to the lowest technical score (ST). The
Financial Proposals of those Applicants whose Technical Proposals score less than
70 marks shall be returned un-opened to the Applicants.
In case Minimum requirements prescribed in Clause 2.2.4 of this RFP for other
Key Experts are not met, they would have to be replaced during negotiations, with
those Experts who, in the opinion of IRCON INTERNATIONAL LIMITED, meet
the minimum requirements as specified in this RFP.
IRCON INTERNATIONAL LIMITED expects all the proposed Key Experts who
are proposed at the time of submission of Bid and subject to clause 3.1.2 to be
available during implementation of the Agreement. IRCON INTERNATIONAL
LIMITED will not consider substitution of Key Experts except under exceptional
circumstances and provided that equally or better qualified and experienced Expert
are provided to the satisfaction of IRCON INTERNATIONAL LIMITED. Such
substitution shall be subject to reduction of remuneration equal to 20% of the
remuneration specified for the original Key Experts. Substitution of the Team
Leader and Alignment Expert may lead to disqualification of the Applicant or
termination of the Agreement under clause 3.1.2 above.
3.1.4 Sub-Consultants
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NOTE: (i) The basis of giving marks for all key Expert will be as below:
(a) Out of the maximum marks, 60% shall be awarded for the number of Eligible
Assignments* undertaken by the individual key Expert.
(b) The remaining 40% shall be awarded for the relevance, comparative size and
quality of Assignments.
(ii) The score earned by key Expert/professional will be reduced by 10% in cases
where these experts are drawn from a sub-consultant/sub-contractor.
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Of the Applicants ranked as aforesaid, not more than five shall be pre-qualified and
short-listed for financial evaluation in the second stage. However, if the number of
such pre-qualified Applicants is less than two, IRCON INTERNATIONAL
LIMITED may, in its sole discretion, pre-qualify the Applicant(s) whose Technical
Score is less than 70 marks; provided that in such an event, the total number of pre-
qualified and short-listed Applicants shall not exceed two.
3.2.1 The Financial Proposals of those Applicants whose Technical Proposals score less
than 70 marks shall be returned un-opened to the Applicants.
3.2.2 In the second stage, the financial evaluation will be carried out as per this Clause
3.2. Each Financial Proposal will be asstamped and signed a financial score (SF).
3.2.3 For financial evaluation, the total cost indicated in the Financial Proposal,
excluding Additional Costs, will be considered. Additional Costs shall include
items specified as such in Form 2 of Appendix II
3.3.1 Proposals will finally be ranked according to their combined technical (ST) and
financial (SF) scores as follows:
S = ST x Tw + SF x Fw
where, Tw and Fw are weights asstamped and signed to technical and financial
Proposals that shall be 0.7 and 0.3 respectively.
3.3.2 Generally, the successful Applicant shall be the Applicant having the highest
combined score. The second highest Applicant shall be kept in reserve and may be
invited for negotiations in case the first-ranked Applicant withdraws, or fails to
comply with the requirements specified in Clauses 3.1.2, 3.1.3, 3.1.4 or other
issues listed in clause 2.18.1.1.
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4.1 The Applicants and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the Selection Process. IRCON
INTERNATIONAL LIMITED shall notwithstanding anything to the contrary
contained in this RFP, reject a Proposal without being liable in any manner
whatsoever to the Applicant, if it determines that the Applicant has, directly or
indirectly or through an agent, engaged in corrupt, fraudulent, coercive,
undesirable or restrictive practices in the Selection Process. In such an event, the
IRCON INTERNATIONAL LIMITED shall, without prejudice to its any other
rights or remedies, forfeit and appropriate the Bid Security or Performance
Security, as the case may be, as mutually agreed genuine pre-estimated
compensation and damages payable to the IRCON INTERNATIONAL LIMITED
for, inter alia, time, cost and effort of the IRCON INTERNATIONAL LIMITED,
in regard to the RFP, including consideration and evaluation of such Applicant’ s
Proposal.
4.3 For the purposes of Clause 4.1, the terms set forth are defined as follows:
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5. PRE-PROPOSAL CONFERENCE
5.1 A Pre-Proposal Conference of the interested parties shall be convened at the date and time
specified in Clause 1.10 or at such other time as IRCON INTERNATIONAL LIMITED
may notify. Applicants who have paid the fee specified in Clause 1.4 shall be eligible for
participation in the Pre-Proposal Conference. A maximum of two representatives of each
Applicant shall be allowed to participate on production of a letter of authority from the
Applicant along with a copy of the receipt for payment of the aforesaid fee.
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6. MISCELLANEOUS
6.1 The Selection Process shall be governed by, and construed in accordance with, the
laws of India and the Courts at [Delhi] shall have exclusive jurisdiction over all
disputes arising under, pursuant to and/or in connection with the Selection Process.
6.2 IRCON INTERNATIONAL LIMITED, in its sole discretion and without incurring
any obligation or liability, reserves the right, at any time, to:
(a) suspend and/or cancel the Selection Process and/or amend and/or
supplement the Selection Process or modify the dates or other terms and
conditions relating thereto;
(d) independently verify, disqualify, reject and/or accept any and all
submissions or other information and/or evidence submitted by or on behalf
of any Applicant.
6.3 It shall be deemed that by submitting the Proposal, the Applicant agrees and
releases IRCON INTERNATIONAL LIMITED, its employees, agents and
advisers, irrevocably, unconditionally, fully and finally from any and all liability
for claims, losses, damages, costs, expenses or liabilities in any way related to or
arising from the exercise of any rights and/or performance of any obligations
hereunder, pursuant hereto and/or in connection herewith and waives any and all
rights and/or claims it may have in this respect, whether actual or contingent,
whether present or future.
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Schedules
SCHEDULES
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Schedule-I( Terms of Reference)
SCHEDULE - 1
High Speed Passenger Railway for the purpose of this Pre-Feasibility Report is a
high speed passenger train service that can achieve a running speed of 300 Kmph
to 350 Kmph. There are several products currently in commercial use, using
conventional guide way systems. While Magnetic levitation (Maglev) systems
can also achieve such high speeds, this option shall be excluded from this Report.
The corridor for High Speed Passenger Railway for the purpose of this Pre-
Feasibility study is Delhi-Agra-Lucknow-Varanasi-Patna. The prefeasibility study
shall be done for the following sections and separate reports comprising of all
the aspects may be considered and reproduced for (a) Section between Delhi -
Agra (b) Delhi – Agra – Lucknow and (c) Delhi – Agra – Lucknow – Varanasi -
Patna. This Pre-Feasibility Study will consists of three sections and will include
the following for all the three sections, but will not be limited to this :
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Schedule-I( Terms of Reference)
7.2.2 DELETED
7.2.3 DELETED
The horizon year of the Report shall be the year 2045. Planning parameters and
traffic demand forecast shall be prepared for the years 2020, 2025, 2030 2035,
2040 and 2045. The base year for planning of the project shall be the year 2010
because of the availability of related statistics.
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Schedule-I( Terms of Reference)
7.2.5.2 Data collection and Analysis of Current Inter-city Traffic (for the three
sections as mentioned in para1.1 above)
The Consultant shall investigate and analyze current spatial development along
the selected Corridor
At least three alternative routes passing through various nodes along the
proposed corridors should be selected.
The Consultant shall investigate and analyze available transport facilities on the
selected routes such as:
• Available transport services (Air, railway, highways etc.) for the inter-city
transport
• Traffic volume of each mode, fare structure etc.
7.2.5.3 Preliminary Rider ship Forecast for the potential HSPR routes (for the
three sections as mentioned in para1.1 above)
Ridership forecast shall be made for at least three alternative routes giving logic
and analyzing various scenario, which are prima facie feasible, which serve the
Corridor
The consultant shall undertake the passenger demand forecast for the HSPR by
formulating a multi-stage traffic demand forecast model comprising the following
basic stages:
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Schedule-I( Terms of Reference)
In this connection all trip data shall be derived by the Consultant from sample
survey of passengers traveling on this Corridor by road, air and existing railway.
Census and other econometric data shall be derived from secondary sources by the
Consultant.
This model shall be utilized with appropriate modulation to forecast demand for
the future. For this purpose, station wait time and on-board travel time shall be
derived from an assumed Preliminary train operation plan valid for assumed
station locations and demonstrated system features. Travel cost shall be derived
from willingness to pay as reported during sample survey of potential HSPR
passengers on this Corridor. This survey shall be conducted by the Consultant.
Forecast Census and other econometric data shall be forecast/derived from
relevant sources by the Consultant
7.2.5.4 Assessment and Selection of the Most Suitable HSPR Technology (for the
three sections as mentioned in para1.1 above)
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Schedule-I( Terms of Reference)
7.2.5.5 Preliminary Abstract Project Cost Estimates (for the three sections as
mentioned in para1.1 above)
The abstract project cost will be estimated for each potential route adopting the
most suitable HSPR technology and standards identified in para 2.5.4 above.
The Consultant shall broadly quantify environmental impacts of the HSPR project
and cost of measures to mitigate such impact on the potential routes.
The examination shall also quantify beneficial and deleterious impact on personal
and community property and livelihood along the HSPR route and assess cost of
Relocation and Rehabilitation (R&R) of Project Affected Persons.
7.2.5.7 Preliminary Economic and Financial Analysis (for the three sections as
mentioned in para1.1 above)
The potential HSPR routes shall be appraised for economic and financial viability.
The Consultant shall evaluate financial and economic viability of the project
through Economic Internal rate of Return (EIRR) Financial Internal rate of Return
(FIRR) as well as other financial parameters.
The Consultant shall prioritize potential HSPR routes based on EIRR and FIRR.
The route thus selected shall be taken up for further detailing as listed in the
following paragraphs. A detailed analysis for giving pros and cons of each
alignment along with financial and completion time implications is to be given by
the consultants. For selected routes optimum solution in terms of passenger
revenue and out of fare box revenues such as commercial exploitation of land and
air space should also be given.
The consultant shall refine passenger demand forecast for the selected HSPR
route after taking into account likely modifications, which are generated from
interaction with IRCON INTERNATIONAL LIMITED.
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Schedule-I( Terms of Reference)
The Consultant shall develop corridor map to the scale of 1:25000 (or as
specified in para 3.6), based on satellite imagery, which shall be procured by
them. Using the base map the Consultant shall optimize the horizontal and
vertical alignment of HSPR. For this purpose the most optimal alignment shall be
marked on the imagery making use of horizontal and vertical data as available in
the imagery. While finalizing the alignment integration with existing transport
nodes such as Airports, existing Railway stations of mainline or urban transport
systems and bus terminals or other constraints should also be kept in view.
7.2.5.11 Concept Design (for the three sections as mentioned in para1.1 above)
The Consultant shall prepare concept design of the HSPR based on the
recommendations flowing from paras 2.5.1 to 2.5.10 (of Terms of Reference at
Schedule 1). For this purpose the following details shall be brought out in the
Pre-Feasibility Report:
A train operation plan shall be so prepared as to serve the selected route, fine-
tuned forecast demand and selected technology. An appropriate rail network
configuration, location and position of stations, possibility of integration with
existing stations, airport/bus terminal etc. size (area) of stations, depots and
workshops for HSPR shall be determined keeping in view operational ease and
financial considerations.
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Schedule-I( Terms of Reference)
The consultant shall bring out the following details of the recommended system:
Train Configuration
Electrification System
• Maintenance plan
• Detailed assessment of relative merits of recommended Train control and
signaling system in the context of India
• Signaling system
• Train radio systems
• Fixed-line telephone
• Operation control system, OCC
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Schedule-I( Terms of Reference)
7.2.5.12 Cost Estimate of High Speed Passenger Railway (for the three sections as
mentioned in para1.1 above)
The Consultant shall prepare abstract cost estimate in sufficient details for
constructing the selected route giving cost of unit costs of various sub
components: It is especially important to review the use of broad gauge (1676
mm) or standard gauge (1435 mm) and the technology requirement for
propulsion system keeping in view the climatic conditions of India.
• Pre-construction costs
• Civil Engineering works.
• Rolling stock / coach
• Land acquisition
• Electrical and Mechanical works
• Cost of environmental impact mitigation measures and Relief and
rehabilitation
• Operation, Management and Administration Costs
• Maintenance costs for mechanized maintenance.
• Construction Supervision Cost and consultancy costs
• Human resource development for HSPR operation and maintenance
• Financing cost of project
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Schedule-I( Terms of Reference)
The likely cost of major environmental impact mitigation measures and relief
and rehabilitation measures shall be estimated. The IEE should meet the
guidelines of respective agencies of Government of India, State Governments,
local bodies and other stake holders.
7.2.5.14 Revenue estimate (for the three sections as mentioned in para1.1 above)
• Passenger Revenue
Revenue generated by forecast HSPR passenger demand shall be
estimated.
In addition, likely revenue from non-fare box sources including cess on existing
land use along the route shall be developed and estimated. This will need lot of
interaction with State Governments for understanding their future planning
resources available with them.
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Schedule-I( Terms of Reference)
To find out whether the project is optimizing resources from the economic
perspective of the country or the region, we need to compare the project with a
scenario that does not have the project (Without Project) so that we can analyze
the kind of effect the project will have. The process is shown as follows:
Financial viability of the Project for each alternative financing model shall be
quantified through Financial Internal rate of Return (FIRR) as well as other
financial parameters. This evaluation shall be done for a range of Project cost,
time and traffic to test sensitivity of the evaluation . This evaluation shall be
done such that the output meets the requirements of appraisal by a range of
investment agencies.
Based on the above analysis, the most optimal financing and implementation
structure shall be recommended.
7.2.5.17 The Pre-Feasibility Report to be prepared by the Consultant will not require any
detailed design of the Project components, but will necessarily contain the
preliminary design and sufficient detail to judge its construct ability and
feasibility and be adequate for award of consultancy contracts for Detailed
Project Report or award of a Concession as the case may be.
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Schedule-I( Terms of Reference)
7.2.5.19 Organizational Structure (for the three sections as mentioned in para1.1 above)
The Consultant shall prepare the following Reports having detailed information
and analysis in regard to areas as specified for each report.
The Consultant shall submit 10 copies of Interim Report-I within two months
from date of commencement of the Contract Agreement.
This Report shall comprise Review of HSPR passenger market abroad, base
year traffic on proposed corridor, rider ship forecast on alternative routes and
proposed stations, assessment and options of various HSPR technologies with
tentative cost. An over view of interaction with State Governments on various
relevant issue should be brought out at this stage.
The Consultant shall submit 10 copies of Interim Report-II within four months
from date of commencement of the Contract Agreement.
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Schedule-I( Terms of Reference)
and prioritization of HSPR routes based on detailed field inspections, survey and
data collection, basic drawings of various components. At this stage two best
options based on following consideration, giving detailed reasons, will be
suggested.
i) Cost
ii) Ease of construction
iii) Revenue generation by fare & property development.
Alignment and most suitable technology option will be suggested. Support level
of State Governments and other agencies in commercial development of land,
other concessions, new cess/ duties to collect money for project, land acquisition
and making power availability for traction and general purposes should be frozen
by this time.
The Consultant shall submit 10 copies of Draft Final Report within six months
from date of effectiveness of the Contract Agreement.
This Report shall comprise review of HSPR passenger market abroad, base year
traffic on proposed corridor, assessment and selection of HSPR technology and
construction standards, confirmed rider ship forecast on proposed route, optimized
route alignment, basic drawings of various components, concept design, Cost
estimation, revenue estimation, environmental impact assessment, assessment of
economic viability, assessment of financial viability and confirmation of
structures of implementation and financing of the Project.
The Consultant shall submit 20 copies (Hard bound and electronic) of Final
Report within one month after receipt of comments from IRCON
INTERNATIONAL LIMITED, incorporating necessary additional data, analysis
and recommendations if any.
7.3.6 Drawings
As a part of the Pre-Feasibility Report, the Consultant shall submit the following
drawings:
(a) Alignment plan and profile on scale of 1 in 25000 (horizontal) and 1 in 2500
(vertical) showing HSPR lines. In urban (built up areas) areas and as well as
in areas where interface with existing railway system is proposed there plan
and profile drawings will be enlarged to 1:2500 horizontal and 1 in 250
(vertical) scale.
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Schedule-I( Terms of Reference)
All plan and profile drawing shall be plotted on A1 and A3(with 50%
reduction) size sheets. All text and annotation shall be suitable for both A1
and A3 size. Out of the 20 sets (hard copies with reports) 5 should be on A1
size and balance 15 on A3 size sheets.
Base maps for the study shall be based on Survey of India’ s Topographic
Maps on 1 in 25,000 scale or better. These will be updated with the help of
latest 2.5m resolution Cartosat-1 imageries (or similar) in rural areas and latest
0.60m resolution pan-sharpened, multi-spectral, ortho-rectified Quick Bird (or
similar) imageries in Urban areas as well as in areas requiring greater degree
of detail. The width of the corridor will be at least 10 km centered on the
proposed alignment(s). If for a particular stretch, topographic map on 1 in
25,000 scale is not available, map on 1 in 50,000 scale may be used.
(c) Typical cross sections and General Arrangement Drawings showing RUB and
ROB across the proposed HSPR.
(d) Typical cross sections showing space reserved within the proposed HSPR
Corridor for future addition of HSR lines and facilities.
(e) Typical urban forms proposed for settlements proposed at HSPR station sites.
(g) General Arrangement of traction, signaling and train control equipment and
installations along track and depot/workshop lighting.
The Study will require a team of Key Experts and support experts having
adequate experience in guiding/conducting similar studies internationally. The
following Key Experts adequately supported by support experts are required to
be deployed for this wok:
• Team Leader
• Transport Modeling and Demand Forecast Specialist
• Train operation expert
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Schedule-I( Terms of Reference)
The required total deployment for Key Experts is estimated at 535 man days.
Support experts shall be deployed in such numbers for such period, which is
adequate for satisfactory completion of services required in this work. If work is
not progressing as per the laid down time schedule consultant will have to
supplement/augment the number of support experts to ensure adequate progress.
Before deployment CV of each of the support expert/professional should be got
approved from IRCON INTERNATIONAL LIMITED.
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Schedule-I( Terms of Reference)
Final payment (5%) shall be released after completion of the services in the
entirety as per clause6.3 (d) of Form of Agreement (schedule II).
In addition, the Team Leader or respective Key Expert shall make formal
presentations to IRCON INTERNATIONAL LIMITED/ Ministry of Railways as
part of the interactive process as and when mutually agreed. Inputs and response
provided by IRCON INTERNATIONAL LIMITED/ Ministry of Railways in
these presentations shall be minuted by the Consultant and considered as IRCON
INTERNATIONAL LIMITED/Ministry of Railways response. Consultant shall
actively associate in IRCON INTERNATIONAL LIMITED/Ministry of Railways
reviews of various submissions and provide necessary clarifications, documents
and backup information for conducting the reviews. Further, IRCON
INTERNATIONAL LIMITED will send brief formal responses to the Consultant
against consultant’ s request for certain decisions and in response to draft reports.
These should be included in the final report of the respective deliverable by the
Consultant.
7.8.1 The Consultant shall establish a Project Office at a suitable location in Delhi/NCR
for efficient and coordinated performance of its Services. The authorized officials
of IRCON INTERNATIONAL LIMITED may visit the Consultant’ s Project
Office any time during office hours for interaction with the Consultant’ s Expert.
7.8.2 The Consultant shall mobilize and demobilize its Expert with the concurrence of
IRCON INTERNATIONAL LIMITED and shall maintain the time sheet/
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Schedule-I( Terms of Reference)
attendance sheet of the working of all Expert in the Project Office. These time
sheets/ attendance sheets shall be made available to IRCON INTERNATIONAL
LIMITED as and when asked for and a copy of such record shall be submitted to
IRCON INTERNATIONAL LIMITED at the end of each calendar month.
All the study outputs including primary data shall be compiled, classified and
submitted by the Consultant to IRCON INTERNATIONAL LIMITED in soft
form apart from the Deliverables indicated in paras 2.5 to 3.6 above. The study
outputs shall remain the property of IRCON INTERNATIONAL LIMITED and
shall not be used by the Consultant for any purpose other than that intended under
these Terms of Reference without the permission of IRCON INTERNATIONAL
LIMITED. The Consultancy services shall stand completed on acceptance of all
the required deliverables of the Consultant by IRCON INTERNATIONAL
LIMITED and issue of a certificate by IRCON INTERNATIONAL LIMITED to
that effect.
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SCHEDULE – 2 (FORM OF AGREEMENT)
FOR
DELHI-AGRA-LUCKNOW-VARANASI-PATNA
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CONTENTS
1. General
1.1 Definitions and Interpretation
1.2 Relation between the Parties
1.3 Rights and Obligations
1.4 Governing law and jurisdiction
1.5 Language
1.6 Table of contents and headings
1.7 Notices
1.8 Location
1.9 Authority of Member-in-Charge
1.10 Authorized representatives
1.11 Taxes and duties
3.1 General
3.2 Conflict of Interest
3.3 Confidentiality
3.4 Liability of the Consultant
3.5 Insurance to be taken out by the Consultant
3.6 Accounting, inspection and auditing
3.7 Consultant’ s Actions requiring IRCON INTERNATIONAL LIMITED
prior Approval
3.8 Reporting obligations
3.9 Documents prepared by the Consultant to be the property of IRCON
INTERNATIONAL LIMITED
3.10 Equipment and materials furnished by IRCON INTERNATIONAL
LIMITED
3.11 Providing access to the Project Office and Expert
3.12 Accuracy of Documents
4. Consultant’s Expert and Sub-Consultant
4.1 General
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4.2 Deployment of Expert
4.3 Approval of Expert
4.4 Substitution of Key Expert
4.5 Working hours, overtime, leave etc.
4.6 Resident Team Leader and Project Manager
4.7. Sub-Consultant
9. Settlement of Disputes
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AGREEMENT FOR CONSULTANCY FOR CONDUCTING PRE - FEASIBILITY
STUDY FOR HIGH SPEED RAIL CORRIDOR:
Delhi-Agra-Lucknow-Varanasi-Patna
AGREEMENT No._________
This AGREEMENT (hereinafter called the “ Agreement” ) is made on the _________ day
of the month of ________ 20**, between, on the one hand, “ IRCON
INTERNATIONAL LIMITED” C-4 DISTRICT CENTER ,SAKET,NEW DELHI-
110017 (India) acting through GM./BD(hereinafter called the “ IRCON “which
expression shall include their respective successors and permitted assigns, unless the
context otherwise requires) and, on the other hand, ________________________
(hereinafter called the “ Consultant” which expression shall include their respective
successors and permitted assigns).
WHEREAS
(A) IRCON INTERNATIONAL LIMITED vide their Request for Proposals for
conducting Pre feasibility study for high speed rail corridor:Delhi-Agra-Lucknow-
Varanasi-Patna(Hereinafter called the “ Consultancy” ) invited technical and
financial proposals to undertake the work of Consultancy for Pre feasibility study
for high speed rail corridor: Delhi-Agra-Lucknow-Varanasi-Patna(hereinafter
called the “ Project” );
(B) the Consultant submitted its proposals for the aforesaid work, whereby the
Consultant represented to IRCON INTERNATIONAL LIMITED that it had the
required professional skills, and in the said proposals the Consultant also agreed to
provide the Services to IRCON INTERNATIONAL LIMITED on the terms and
conditions as set forth in the RFP and this Agreement; and
(D) in pursuance of the LOA, the parties have agreed to enter into this Agreement.
1. GENERAL
1.1.1 The words and expressions beginning with capital letters and defined in this
Agreement shall, unless the context otherwise requires, have the meaning
hereinafter respectively as stamped and signed to them:
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RFP for Consultancy for High Speed Rail Corridor between Hyderabad-Dornakal-Vijayawada-Chennai
(a) “ Applicable Laws” means the laws and any other instruments having the
force of law in India as they may be issued and in force from time to time;
(b) “ Agreement” means this Agreement, together with all the Annexes;
(c) “ Agreement Value” shall have the meaning set forth in Clause 6.1 (b)
(d) “ Additional Costs” shall have the meaning set forth in Clause 6.1 (b);
(e) “ Confidential Information” shall have the meaning set forth in Clause 3.3;
(f) “ Dispute” shall have the meaning set forth in Clause 9.2.1;
(g) “ Effective Date” means the date on which this Agreement comes into
force and effect pursuant to Clause 2.1;
(h) “ Expatriate Expert” means such persons who at the time of being so hired
had their domicile outside India;
(i) “ Government” means the Government of India;
(j) “ INR, Re. or Rs.” means Indian Rupees;
(k) “ Member” , in case the Consultant consists of a joint venture or consortium
of more than one entity, means any of these entities, and “ Members” means
all of these entities;
( l) “ Expert” means persons hired by the Consultant or by any Sub-Consultant
as employees and as stamped and signed to the performance of the
Services or any part thereof;
( m) “ Party” means IRCON INTERNATIONAL LIMITED or the Consultant,
as the case may be, and Parties means both of them;
( n) “ Resident Expert” means such persons who at the time of being so hired
had their domicile inside India;
(o) “ Services” means the work to be performed by the Consultant pursuant to
this Agreement, as described in the Terms of Reference hereto;
( p) “ RFP” means the Request for Proposal document in response to which the
Consultant’ s Proposal for providing Services was accepted;
( q) “ Sub-Consultant” means any entity to which the Consultant subcontracts
any part of the Services in accordance with the provisions of Clause 4.7;
and
( r) “ Third Party” means any person or entity other than the Government,
IRCON INTERNATIONAL LIMITED, the Consultant or a Sub-
Consultant.
All terms and words not defined herein shall, unless the context otherwise
requires, have the meaning as stamped and signed to them in the RFP.
1.1.2 The following documents along with all addenda issued thereto shall be deemed to
form and be read and construed as integral part of this Agreement and in case of
any contradiction between or among them the priority in which a document would
prevail over other would be as laid down below beginning from the highest
priority to the lowest priority:
(a) Agreement;
(b) Annexes of Agreement;
(c) RFP; and (Priority may be changed)
(d) Letter of Award
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1.2 Relation between the Parties
(a) the Consultant shall carry out the Services in accordance with the
provisions of the Agreement; and
(b) IRCON INTERNATIONAL LIMITED shall make payments to the
Consultant in accordance with the provisions of the Agreement.
1.5 Language
All notices required to be given by one Party to the other Party and all other
communications, documentation and proceedings which are in any way relevant
to this Agreement shall be in writing and in English language. Communication
from only authorised representative of the party shall be entertained.
1.7 Notices
Any notice or other communication to be given by any Party to the other Party
under or in connection with the matters contemplated by this Agreement shall be
in writing and shall:
(a) in the case of the Consultant, be given by facsimile and by letter delivered
by hand to the address given and marked for attention of the Consultant’ s
Representative set out below in clause 1.10 or to such other person as the
Consultant may from time to time designate by notice to the IRCON
INTERNATIONAL LIMITED; provided that notices or other
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communications to be given to an address outside Delhi may, if they are
subsequently confirmed by sending a copy thereof by registered
acknowledgement due, air mail or by courier, be sent by facsimile to the
number as the Consultant may from time to time designate by notice to the
IRCON INTERNATIONAL LIMITED;
1.8 Location
The Services shall be performed at the site of the Project and at such locations as
are incidental thereto.
1.10.1 Any action required or permitted to be taken, and any document required or
permitted to be executed, under this Agreement by IRCON INTERNATIONAL
LIMITED or the Consultant, as the case may be, may be taken or executed by the
officials specified in this Clause 1.10.
1.10.2 IRCON INTERNATIONAL LIMITED may, from time to time, designate one of
its officials as IRCON INTERNATIONAL LIMITED Representative. Unless
otherwise notified, the IRCON INTERNATIONAL LIMITED Representative
shall be:
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Phone: +91-11-29565666 Fax: +91-11-26522000
Email: .
Unless otherwise specified in the Agreement, the Consultant shall pay all such
taxes, duties, fees and other impositions as may be levied under the Applicable
Laws and IRCON INTERNATIONAL LIMITED shall perform such duties in
regard to the deduction of such taxes as may be lawfully imposed.
The Consultant shall commence the Services within a period of 7 (seven) days
from the Effective Date, unless otherwise agreed by the Parties.
If the Consultant does not commence the Services within the period specified in
Clause 2.2 above, IRCON INTERNATIONAL LIMITED may, by not less than 2
(two) weeks’ notice to the Consultant, declare this Agreement to be null and void,
and in the event of such a declaration, the Bid Security of the Consultant shall
stand forfeited.
Unless terminated earlier pursuant to Clause 2.9 hereof, this Agreement shall
expire when the Services have been completed and a period of 90 (ninety) days
has elapsed after all payments due under this Agreement, have been made.
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2.5.1 This Agreement and the Annexes together constitute a complete and exclusive
statement of the terms of the agreement between the Parties on the subject hereof,
and no amendment or modification hereto shall be valid and effective unless such
modification or amendment is agreed to in writing by the Parties and duly
executed by persons especially empowered in this behalf by the respective Parties.
All prior written or oral understandings, offers or other communications of every
kind pertaining to this Agreement are abrogated and withdrawn; provided,
however, that the obligations of the Consultant arising out of the provisions of the
RFP shall continue to subsist and shall be deemed as part of this Agreement.
2.5.2 Without prejudice to the generality of the provisions of Clause 2.5.1, on matters
not covered by this Agreement, the provisions of RFP shall apply.
2.7.1 If, at any time during the currency of the contract, the performance of any
obligation (in whole or in part) by the Employer or the Contractor shall be
prevented or delayed by reason of any war, hostilities, invasion, acts of public or
foreign enemies, rebellion, revolution, insurrection, civil commotion, sabotage,
large scale arson, floods, earthquake or any other act of God, large scale
epidemics, nuclear accidents, any other catastrophic unforeseeable circumstances,
quarantine restrictions, any statutory, rules, regulations, orders or requisitions
issued by a Government department or competent authority(hereinafter referred to
as "event” ) then, provided notice of the happening of such an event is given by
either party to the other within 21 days of the occurrence thereof.
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the contract may be fore-closed with mutual consent by giving a notice of
30 days without any repercussions on either side.
e. Works that have already been measured shall be paid for by the Engineer
even if the same is subsequently destroyed or damaged as a result of the
event. The cost of rebuilding or replacing any work that has been
measured shall be borne by the Employer/Engineer.
f. If the contract is fore-closed under this clause, the Contractor shall be paid
fully for the work done under the contract, but not for any defective work
or work done which has been destroyed or damaged before its
measurement. The Engineer shall have the option to take over any plant
and material lying at site, at rates provided for in the contract, failing that,
as per rates which are determined to be fair and reasonable by the
Engineer.
2.7.2 If no notice is issued by either party regarding the event within 21 days of
occurrence, the said event shall be deemed not to have occurred and the contract
will continue to have effect as such.
2.7.3 Definition
(a) For the purposes of this Agreement, “ Force Majeure” means an event
which is beyond the reasonable control of a Party, and which makes a
Party’ s performance of its obligations hereunder impossible or so
impractical as reasonably to be considered impossible in the circumstances,
and includes, but is not limited to, war, riots, civil disorder, earthquake,
fire, explosion, storm, flood or other adverse weather conditions, strikes,
lockouts or other industrial action (except where such strikes, lockouts or
other industrial action are within the power of the Party invoking Force
Majeure to prevent), confiscation or any other action by government
agencies.
(b) Force Majeure shall not include (i) any event which is caused by the
negligence or intentional action of a Party or such Party’ s Sub-Consultant
or agents or employees, nor (ii) any event which a diligent Party could
reasonably have been expected to both (A) take into account at the time of
the conclusion of this Agreement and (B) avoid or overcome in the
carrying out of its obligations hereunder.
(c) Force Majeure shall not include insufficiency of funds or failure to make
any payment required hereunder.
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2.7.4 No breach of Agreement
The failure of a Party to fulfill any of its obligations hereunder shall not be
considered to be a breach of, or default under, this Agreement insofar as such
inability arises from an event of Force Majeure, provided that the Party affected
by such an event has taken all reasonable precautions, due care and reasonable
alternative measures, all with the objective of carrying out the terms and
conditions of this Agreement.
(a) A Party affected by an event of Force Majeure shall take all reasonable
measures to remove such Party’ s inability to fulfill its obligations
hereunder with a minimum of delay.
(b) A Party affected by an event of Force Majeure shall notify the other Party of
such event as soon as possible, and in any event not later than fourteen (14)
days following the occurrence of such event, providing evidence of the
nature and cause of such event, and shall similarly give notice of the
restoration of normal conditions as soon as possible.
(c) The Parties shall take all reasonable measures to minimize the
consequences of any event of Force Majeure.
Any period within which a Party shall, pursuant to this Agreement, complete any
action or task, shall be extended for a period equal to the time during which such
Party was unable to perform such action as a result of Force Majeure.
2.7.7 Payments
During the period of its inability to perform the Services as a result of an event of
Force Majeure, the Consultant shall be entitled to be reimbursed for additional
costs reasonably and necessarily incurred by it during such period for the purposes
of the Services and in reactivating the Services after the end of such period.
2.7.8 Consultation
Not later than thirty (30) days after the Consultant has, as the result of an event of
Force Majeure, become unable to perform a material portion of the Services, the
Parties shall consult with each other with a view to agreeing on appropriate
measures to be taken in the circumstances.
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2.8 Suspension of Agreement
IRCON INTERNATIONAL LIMITED may, by not less than thirty (30) days’
written notice of termination to the Consultant, such notice to be given after the
occurrence of any of the events specified in this Clause 2.9.1, terminate this
Agreement if:
(a) the Consultant fails to remedy any breach hereof or any failure in the
performance of its obligations hereunder, as specified in a notice of
suspension pursuant to Clause 2.8 hereinabove, within thirty (30) days of
receipt of such notice of suspension or within such further period as
IRCON INTERNATIONAL LIMITED may have subsequently granted in
writing;
(b) the Consultant becomes insolvent or bankrupt or enters into any agreement
with its creditors for relief of debt or take advantage of any law for the
benefit of debtors or goes into liquidation or receivership whether
compulsory or voluntary;
(c) the Consultant fails to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause 9 hereof;
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(f) as the result of Force Majeure, the Consultant is unable to perform a
material portion of the Services for a period of not less than sixty (60)
days; or
(g) IRCON INTERNATIONAL LIMITED, in its sole discretion and for any
reason whatsoever, decides to terminate this Agreement.
The Consultant may, by not less than thirty (30) day’ s written notice to IRCON
INTERNATIONAL LIMITED, such notice to be given after the occurrence of any
of the events specified in this Clause 2.9.2, terminate this Agreement if:
(a) IRCON INTERNATIONAL LIMITED fails to pay any money due to the
Consultant pursuant to this Agreement and not subject to dispute pursuant
to Clause 9 hereof within forty-five (45) days after receiving written notice
from the Consultant that such payment is overdue;
Upon termination of this Agreement pursuant to Clauses 2.3 or 2.9 hereof, or upon
expiration of this Agreement pursuant to Clause 2.4 hereof, all rights and
obligations of the Parties hereunder shall cease, except (i) such rights and
obligations as may have accrued on the date of termination or expiration, (ii) the
obligation of confidentiality set forth in Clause 3.3 hereof, (iii) the Consultant’ s
obligation to permit inspection, copying and auditing of its accounts and records
set forth in Clause 3.6 (ii) hereof, and any right which a Party may have under the
Applicable Law.
Upon termination of this Agreement by notice of either Party to the other pursuant
to Clauses 2.9.1 or 2.9.2 hereof, the Consultant shall, immediately upon dispatch
or receipt of such notice, take all necessary steps to bring the Services to a close in
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a prompt and orderly manner and shall make every reasonable effort to keep
expenditures for this purpose to a minimum. With respect to documents prepared
by the Consultant and equipment and materials furnished by IRCON
INTERNATIONAL LIMITED, the Consultant shall proceed as provided
respectively by Clauses 3.9 or 3.10 hereof.
(iii) except in the case of termination pursuant to sub-clauses (a) through (e) of Clause
2.9.1 hereof, reimbursement of any reasonable cost incidental to the prompt and
orderly termination of the Agreement including the cost of the return travel of the
Consultant’ s Expert.
3.1 General
The Consultant shall perform the Services and carry out its obligations hereunder
with all due diligence, efficiency and economy, in accordance with generally
accepted professional techniques and practices, and shall observe sound
management practices, and employ appropriate advanced technology and safe and
effective equipment, machinery, materials and methods. The Consultant shall
always act, in respect of any matter relating to this Agreement or to the Services,
as a faithful adviser to IRCON INTERNATIONAL LIMITED, and shall at all
times support and safeguard IRCON INTERNATIONAL LIMITED legitimate
interests in any dealings with Sub-Consultant or Third Parties.
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3.1.2 Terms of Reference
The Consultant shall perform the Services in accordance with the Applicable Laws
and shall take all practicable steps to ensure that any Sub-Consultant, as well as
the Expert and agents of the Consultant and any Sub-Consultant, comply with the
Applicable Laws.
3.2.1 The Consultant shall not have a Conflict of Interest and any breach hereof shall
constitute a breach of the Agreement.
3.2.2 DELETED
Neither the Consultant nor its Sub-Consultant nor the Expert of either of them
shall engage, either directly or indirectly, in any of the following activities:
(a) during the term of this Agreement, any business or professional activities
in India which would conflict with the activities asstamped and signed to
them under this Agreement;
(b) after the termination of this Agreement, such other activities as may be
specified in the Agreement; or
(c) at any time, such other activities as have been specified in the RFP as
Conflict of Interest.
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3.2.5 The Consultant and its Expert shall observe the highest standards of ethics and
have not engaged in and shall not hereafter engage in any corrupt practice,
fraudulent practice, coercive practice, undesirable practice or restrictive practice
(collectively the “Prohibited Practices”). Notwithstanding anything to the
contrary contained in this Agreement, the IRCON INTERNATIONAL LIMITED
shall be entitled to terminate this Agreement forthwith by a communication in
writing to the Consultant, without being liable in any manner whatsoever to the
Consultant, if it determines that the Consultant has, directly or indirectly or
through an agent, engaged in any Prohibited Practices in the Selection Process or
before or after entering into of this Agreement. In such an event, the IRCON
INTERNATIONAL LIMITED shall forfeit and appropriate the performance
security, if any, as mutually agreed genuine pre-estimated compensation and
damages payable to IRCON INTERNATIONAL LIMITED towards, inter-alias,
time, cost and effort of the IRCON INTERNATIONAL LIMITED, without
prejudice to the IRCON INTERNATIONAL LIMITED any other rights or remedy
hereunder or in law.
3.2.7 For the purposes of clauses 3.2.5 and 3.2.6, the following terms shall have the
meaning hereinafter respectively asstamped and signed to them:
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Agreement, who at any time has been or is a legal, financial or technical
adviser IRCON INTERNATIONAL LIMITED in relation to any matter
concerning the Project;
3.3 Confidentiality
The Consultant, its Sub-Consultant and the Expert of either of them shall not,
either during the term or within two years after the expiration or termination of
this Agreement disclose any proprietary information, including information
relating to reports, data, drawings, designs software or other material, whether
written or oral, in electronic or magnetic format, and the contents thereof; and any
reports, digests or summaries created or derived from any of the foregoing that is
provided by IRCON INTERNATIONAL LIMITED to the Consultant, its Sub-
Consultant and the Expert; any information provided by or relating to IRCON
INTERNATIONAL LIMITED, its technology, technical processes, business
affairs or finances or any information relating to IRCON INTERNATIONAL
LIMITED employees, directors, officers or other Experts or suppliers, customers,
or contractors of IRCON INTERNATIONAL LIMITED, and any other
information which the Consultant is under an obligation to keep confidential in
relation to the Project, the Services or this Agreement ("Confidential
Information") without the prior written consent of IRCON INTERNATIONAL
LIMITED.
Notwithstanding the aforesaid, the Consultant, its Sub-Consultant and the Expert
of either of them may disclose Confidential Information to the extent that such
Confidential Information:
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(i) was in the public domain prior to its delivery to the Consultant, its Sub-
Consultant and the Expert of either of them or becomes a part of the public
knowledge from a source other than the Consultant, its Sub-Consultant and
the Expert of either of them;
(ii) was obtained from a third party with no known duty to maintain its
confidentiality;
3.4.1 The Consultant’ s liability under this Agreement shall be determined by the
Applicable Laws and the provisions hereof.
3.4.3 The Parties hereto agree that in case of negligence or willful misconduct on the
part of the Consultant or on the part of any person or firm acting on behalf of the
Consultant in carrying out the Services, the Consultant, with respect to damage
caused to IRCON INTERNATIONAL LIMITED property, shall not be liable to
IRCON INTERNATIONAL LIMITED:
(i) for any indirect or consequential loss or damage; and
(ii) for any direct loss or damage that exceeds (A) the Agreement Value set forth
in Clause 6.1 (b) of this Agreement,, or (B) the proceeds the Consultant may be
entitled to receive from any insurance maintained by the Consultant to cover such
a liability, whichever of (A) or (B) is higher.
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This limitation of liability shall not affect the Consultant’ s liability, if any, for
damage to Third Parties caused by the Consultant or any person or firm acting on
behalf of the Consultant in carrying out the Services.
3.5.1 (a) The Consultant shall take out and maintain, and shall cause any Sub-
Consultant to take out and maintain, at its (or the Sub-Consultant’ s, as the
case may be) own cost but on terms and conditions approved by IRCON
INTERNATIONAL LIMITED, insurance against the risks, and for the
coverage, as shall be specified in the Agreement.
(c) If the Consultant fails to effect and keep in force the aforesaid insurances for
which it is responsible pursuant hereto, IRCON INTERNATIONAL
LIMITED shall, apart from having other recourse available under this
Agreement, have the option, without prejudice to the obligations of the
Consultant, to take out the aforesaid insurance, to keep in force any such
insurances, and pay such premia and recover the costs thereof from the
Consultant, and the Consultant shall be liable to pay such amounts on
demand by IRCON INTERNATIONAL LIMITED.
(d) Except in case of Third Party liabilities, the insurance policies so procured
shall mention IRCON INTERNATIONAL LIMITED as the beneficiary of
the Consultant and the Consultant shall procure an undertaking from the
insurance company in this regard.
3.5.2 The Parties agree that the risks and coverage shall include but not be limited to the
following:
(b) Third Party liability insurance with a minimum coverage of [Rs. 25 million]
for the period of this Agreement.
(c) The indemnity limit in terms of “ Any One Accident” (AOA) and “ Aggregate
limit on the policy period” (AOP) should not be less than the amount stated
in Clause 6.1(b) of the Agreement. In case of consortium, the policy should
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be in the name of Lead Member and not in the name of individual Members
of the consortium.
(i) keep accurate and systematic accounts and records in respect of the
Services hereunder, in accordance with internationally accepted
accounting principles and in such form and detail as will clearly identify
all relevant time charges and cost, and the basis thereof (including the
basis of the Consultant’ s costs and charges), and
(a) appointing such members of the Professional Expert as are not listed in
Annex–2.
(b) entering into a subcontract for the performance of any part of the Services,
it being understood (i) that the selection of the Sub-Consultant and the
terms and conditions of the subcontract shall have been approved in
writing by IRCON INTERNATIONAL LIMITED prior to the execution of
the subcontract, and (ii) that the Consultant shall remain fully liable for the
performance of the Services by the Sub-Consultant and its Expert pursuant
to this Agreement;
(c) any other action that may be specified in this Agreement.
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The Consultant shall submit to IRCON INTERNATIONAL LIMITED the reports
and documents specified in the Agreement, in the form, in the numbers and within
the time periods set forth therein.
3.9.1 All plans, drawings, specifications, designs, reports and other documents prepared
by the Consultant in performing the Services shall become and remain the
property of IRCON INTERNATIONAL LIMITED, and the Consultant shall, not
later than termination or expiration of this Agreement, deliver all such documents
to IRCON INTERNATIONAL LIMITED, together with a detailed inventory
thereof. The Consultant may retain a copy of such documents. Restrictions about
the future use of these documents shall be as specified in the Agreement.
3.9.2 The Consultant shall not use these documents for purposes unrelated to this
Agreement without the prior written approval of IRCON INTERNATIONAL
LIMITED.
The Consultant shall be responsible for accuracy of the data collected by it directly
or procured from other agencies/authorities, the designs, drawings, estimates and
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all other details prepared by it as part of these services. It shall indemnify IRCON
INTERNATIONAL LIMITED against any inaccuracy in its work which might
surface during implementation of the Project, if such inaccuracy is the result of
any negligence or inadequate due diligence on part of the Consultant or arises out
of its failure to conform to good industry practices. The Consultant shall also be
responsible for promptly correcting, at its own cost and risk, the drawings
including any re-survey / investigations.
4.1 General
The Consultant shall employ and provide such qualified and experienced Expert as
may be required to carry out the Services.
If additional work is required beyond the scope of the Services specified in the
Terms of Reference, the estimated periods of engagement of Expert, set forth in
the Annexes of the Agreement may be increased by agreement in writing between
IRCON INTERNATIONAL LIMITED and the Consultant, provided that any
such increase shall not, except as otherwise agreed, cause payments under this
Agreement to exceed the Agreement Value set forth in Clause 6.1(b).
4.3.1 The Professional Expert listed in Annex-2 of the Agreement are hereby approved
by IRCON INTERNATIONAL LIMITED. No other Professional Expert shall be
engaged without prior approval of IRCON INTERNATIONAL LIMITED.
4.3.2 If the Consultant hereafter proposes to engage any person as Professional Expert,
it shall submit to IRCON INTERNATIONAL LIMITED its proposal along with
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a CV of such person in the form provided at Appendix–I (Form-14) of the RFP.
IRCON INTERNATIONAL LIMITED may approve or reject such proposal
within 10 (ten) days of receipt thereof. In case the proposal is rejected, the
Consultant may propose an alternative person for IRCON INTERNATIONAL
LIMITED consideration. In the event IRCON INTERNATIONAL LIMITED
does not reject a proposal within fourteen (14) days of the date of receipt thereof
under this Clause 4.3, it shall be deemed to have been approved by IRCON
INTERNATIONAL LIMITED.
IRCON INTERNATIONAL LIMITED expects all the Key Expert specified in the
Proposal to be available during implementation of the Agreement. IRCON
INTERNATIONAL LIMITED will not consider any substitution of Key Expert
except under exceptional circumstances. Such substitution shall be limited to not
more than one Key Expert subject to equally or better qualified and experienced
Expert being provided to the satisfaction of IRCON INTERNATIONAL
LIMITED. Substitution of a Key Expert shall be permitted subject to reduction of
remuneration equal to 20% (twenty percent) of the remuneration specified for the
original Key Expert.
The person designated as Chief Railway Expert shall serve as the Team Leader
of the Consultant’ s Expert.
4.7 Sub-Consultant
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5.1 Assistance in clearances etc.
(a) provide the Consultant, its Sub-Consultant and Expert with work permits
and such other documents as may be necessary to enable the Consultant,
its Sub-Consultant or Expert to perform the Services;
(b) facilitate prompt clearance through customs of any property required for
the Services; and
(c) issue to officials, agents and representatives of the Government all such
instructions as may be necessary or appropriate for the prompt and
effective implementation of the Services;
If, after the date of this Agreement, there is any change in the Applicable Laws
with respect to taxes and duties which increases or decreases the cost or
reimbursable expenses incurred by the Consultant in performing the Services, then
the remuneration and reimbursable expenses otherwise payable to the Consultant
under this Agreement shall be increased or decreased accordingly by agreement
between the Parties hereto, and corresponding adjustments shall be made to the
Agreement Value specified in Clause 6.1(b).
5.4 Payment
In consideration of the Services performed by the Consultant under this
Agreement, IRCON INTERNATIONAL LIMITED shall make to the Consultant
such payments and in such manner as is provided in Clause 6 of this Agreement.
6. PAYMENT TO THE CONSULTANT
6.1 Cost estimates and Agreement Value
(a) An abstract of the cost of the Services payable to the Consultant is set forth
in Annex-5 of the Agreement.
(b) Except as may be otherwise agreed under Clause 2.6 and subject to Clause
6.1(c), the payments under this Agreement shall not exceed the agreement
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value specified herein (the “ Agreement Value” ). The Parties agree that
the Agreement Value is Rs. ______ (Rs. __________________), which
does not include the Additional Costs specified in Annex-5 (the
“ Additional Costs” ).
(c) Notwithstanding anything to the contrary contained in Clause 6.1(b), if
pursuant to the provisions of Clauses 2.6 & 2.7, the Parties agree that
additional payments shall be made to the Consultant in order to cover any
additional expenditures not envisaged in the cost estimates referred to in
Clause 6.1(a) above, the Agreement Value set forth in Clause 6.1(b) above
shall be increased by the amount or amounts, as the case may be, of any
such additional payments.
All payments shall be made in Indian Rupees. The Consultant shall be free to
convert Rupees into any foreign currency as per Applicable Laws.
The Consultant shall be paid for its services as per the Payment Schedule at
Annex-6 of this Agreement, subject to the Consultant fulfilling the
following conditions:
(i) No payment shall be due for the next stage till the Consultant
completes to the satisfaction of IRCON INTERNATIONAL
LIMITED the work pertaining to the preceding stage.
(ii) IRCON INTERNATIONAL LIMITED shall pay to the Consultant,
only the undisputed amount.
(c) IRCON INTERNATIONAL LIMITED shall cause the payment due to the
Consultant to be made within 30 (thirty) days after the receipt by IRCON
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INTERNATIONAL LIMITED of duly completed bills with necessary
particulars (the “ Due Date” ). Interest at the rate of 10% (ten per cent) per
annum shall become payable as from the Due Date on any amount due by,
but not paid on or before, such Due Date.
(d) The final payment under this Clause shall be made only after the final
report and a final statement, identified as such, shall have been submitted
by the Consultant and approved as satisfactory by IRCON
INTERNATIONAL LIMITED. The Services shall be deemed completed
and finally accepted by IRCON INTERNATIONAL LIMITED and the
final report and final statement shall be deemed approved by IRCON
INTERNATIONAL LIMITED as satisfactory upon expiry of 90 (ninety)
days after receipt of the final report and final statement by IRCON
INTERNATIONAL LIMITED unless IRCON INTERNATIONAL
LIMITED, within such 90 (ninety) day period, gives written notice to the
Consultant specifying in detail deficiencies in the Services, the final report
or final statement. The Consultant shall thereupon promptly make any
necessary corrections, and upon completion of such corrections, the
foregoing process shall be repeated. Any amount which IRCON
INTERNATIONAL LIMITED has paid or caused to be paid in excess of
the amounts actually payable in accordance with the provisions of this
Agreement shall be reimbursed by the Consultant to IRCON
INTERNATIONAL LIMITED within 30 (thirty) days after receipt by the
Consultant of notice thereof. Any such claim by IRCON
INTERNATIONAL LIMITED for reimbursement must be made within 1
(one) year after receipt by IRCON INTERNATIONAL LIMITED of a
final report and a final statement in accordance with this Clause 6.3 (d).
(e) All payments under this Agreement shall be made to the account of the
Consultant as may be notified to IRCON INTERNATIONAL LIMITED
by the Consultant.
7.1.2 The Consultant may, in lieu of retention of the amounts as referred to in Clause
7.1.1 above, furnish a Bank Guarantee substantially in the form specified at
Annex-7 of this Agreement.
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7.2 Liquidated Damages
In case any error or variation is detected in the reports submitted by the Consultant
and such error or variation is the result of negligence or lack of due diligence on
the part of the Consultant, the consequential damages thereof shall be quantified
by IRCON INTERNATIONAL LIMITED in a reasonable manner and recovered
from the Consultant by way of liquidated damages, subject to a maximum of 10%
(ten percent) of the Agreement Value.
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The Parties undertake to act in good faith with respect to each other’ s rights under
this Agreement and to adopt all reasonable measures to ensure the realisation of
the objectives of this Agreement.
The Parties recognise that it is impractical in this Agreement to provide for every
contingency which may arise during the life of the Agreement, and the Parties
hereby agree that it is their intention that this Agreement shall operate fairly as
between them, and without detriment to the interest of either of them, and that, if
during the term of this Agreement either Party believes that this Agreement is
operating unfairly, the Parties will use their best efforts to agree on such action as
may be necessary to remove the cause or causes of such unfairness, but no failure
to agree on any action pursuant to this Clause shall give rise to a dispute subject to
arbitration in accordance with Clause 9 hereof.
9. SETTLEMENT OF DISPUTES
All disputes or differences of any kind whatsoever that may arise between the
Employer/Engineer and the Contractor in connection with or arising out of the
contract or subject matter thereof or the execution of works, whether during the
progress of works or after their completion, whether before or after determination
of contract shall be settled as under:-
All such disputes or differences shall in the first place be referred by the
Contractor to the Employer in writing for resolving the same through mutual
discussions, negotiations, deliberation etc. associating representatives from both
the sides and concerted efforts shall be made for reaching amicable settlement of
disputes or differences. The Parties agree to use their best efforts for resolving all
Disputes arising under or in respect of this Agreement promptly, equitably and in
good faith, and further agree to provide each other with reasonable access during
normal business hours to all non-privileged records, information and data
pertaining to any Dispute.
9.2 Conciliation/Arbitration
9.2.2 If the Contractor is not satisfied with the settlement by the Employer on any
matter in question, disputes or differences, the Contractor may refer to the
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Managing Director of the Employer in writing to settle such disputes or
differences through Conciliation or Arbitration provided that the demand for
Conciliation or Arbitration shall specify the matters, which are in question or
subject of the disputes or differences as also the amount of claim, item wise. Only
such dispute(s) or difference(s) in respect of which the demand has been made,
together with counter claims of the Employer shall be referred to Conciliator or
Arbitrator as the case may be and other matters shall not be included in the
reference.
9.2.3 Managing Director of the Employer may himself act as Sole Conciliator/Sole
Arbitrator or may at his option appoint another person as Sole Conciliator or Sole
Arbitrator, as the case may be. In case, Managing Director of the Employer
decides to appoint a Sole Conciliator/Sole Arbitrator, then a panel of at least three
names will be sent to the Contractor. Such persons may be working/retired
employees of the Employer who had not been connected with the work. The
Contractor shall suggest minimum two names out of this panel for appointment of
Sole Conciliator/ Sole Arbitrator. Managing Director of the Employer will appoint
Sole Conciliator/Sole Arbitrator out of the names agreed by the Contractor.
9.2.4 In case, the Contractor opts for settlement of disputes through Conciliation at first
stage and if the efforts to resolve all or any of the disputes thorough Conciliation
fails, the Contractor may refer to the Managing Director of the Employer for
settlement of such disputes or differences through Arbitration. The appointment of
Sole Arbitrator shall be done by the Managing Director of the Employer as per the
procedure described above. No disputes or differences shall be referred to
Arbitration after expiry of 60 days from the date of notification of failure of
Conciliation.
9.2.8 The fees and other charges of the Conciliator/Arbitrator shall be as per the scales
fixed by the Employer from time to time and shall be shared equally between the
Employer and the Contractor.
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service in Group-A of any Engineering Service of Central Govt. or an equivalent
service in a Central PSU. He should be clear from the vigilance angle and should
be a person with reputation of high technical ability and integrity. Also, he should
not have associated with the contract to which the dispute pertains.
It is a term of this contract that the Contractor shall not approach any Court of
Law for settlement of such disputes or differences unless an attempt has first been
made by the parties to settle such disputes or differences through clauses 9.1 and
9.2.
The Obligations of the Employer, the Engineer and the Contractor shall not be
altered by reasons of conciliation/arbitration being conducted during the progress
of works. Neither party shall be entitled to suspend the work on account of
conciliation/arbitration nor shall payments to the Contractor continue to be made
in terms of the contract.
The award of the Sole Arbitrator, unless challenged in court of law, shall be
binding on all parties.
9.6 Exception:
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be stamped
and signed in their respective names as of the day and year first above written.
(Signature) (Signature)
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(Name) (Name)
(Designation) (Designation)
(Address) (Address)
(Fax No.) (Fax No.)
1. 2.
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Annex -1
Terms of Reference
(Refer Clause 3.1.2)
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Annex - 2
Deployment of Expert
(Refer Clause 4.2)
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Annex-3
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Annex-4
Approved Sub-Consultant
(Refer Clause 4.7.1)
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Annex-5
Cost of Services
(Refer Clause 6.1)
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Annex-6
Payment Schedule
(Refer Clause 6.3)
Final payment (5%) shall be released after completion of the services in the entirety as
per clause6.3 (d) of Form of Agreement (schedule II).
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Annex- 7
To
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proceeding pending before any court or Tribunal relating thereto our liability under this
present being absolute and unequivocal. The payment so made by us under this bond shall be
a valid discharge of our liability for payment there under and the Consultant shall have no
claim against us for making such payment.
4. We, ________________________ (indicate the name of Bank) further agree that the
guarantee herein contained shall remain in full force and effect during the period that would
be taken for the performance of the said Agreement and that it shall continue to be
enforceable till all the dues of IRCON INTERNATIONAL LIMITED under or by virtue of
the said Agreement have been fully paid and its claims satisfied or discharged or till IRCON
INTERNATIONAL LIMITED certifies that the terms and conditions of the said Agreement
have been fully and properly carried out by the said Consultant and accordingly discharges
this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or
before a period of [one year] from the date of this Guarantee, we shall be discharged from all
liability under this Guarantee thereafter.
6. This guarantee will not be discharged due to the change in the constitution of the
Bank or the Consultant(s).
(Name of Bank)
(Signature, Name and Designation of the Authorised Signatory)
Seal of the Bank:
NOTES:
(i) The bank guarantee should contain the name, designation and code number of the
officer(s) signing the guarantee.
(ii) The address, telephone no. and other details of the Head Office of the Bank as well as
of issuing Branch should be mentioned on the covering letter of issuing Branch.
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Appendices
APPENDICES
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Appendices
APPENDIX-I
TECHNICAL PROPOSAL
Form-1
Letter of Proposal
To,
Sub: Appointment of Consultants for conducting Pre feasibility study for high
speed rail corridor:
Delhi-Agra-Lucknow-Varanasi-Patna
.
Dear Sir,
1. With reference to your RFP Document dated *****, I/We, having examined
all relevant documents and understood their contents, hereby submit our
Proposal for appointment of Consultants for conducting Pre feasibility study
for high speed rail corridor : Delhi-Agra-Lucknow-Varanasi-Patna.The
proposal is unconditional and unqualified.
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.
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Appendices
8. I/We understand that you may cancel the Selection Process at any time and
that you are neither bound to accept any Proposal that you may receive nor
to select the Consultant, without incurring any liability to the Applicants in
accordance with Clause 6.2 of the RFP document.
9. I/We declare that We/any member of the consortium, are/is not a Member
of a/any other Consortium applying for Selection as a Consultant.
10. I/We certify that in regard to matters other than security and integrity of the
country, we have not been convicted by a Court of Law or indicted or
adverse orders passed by a regulatory authority which would cast a doubt
on our ability to undertake the Consultancy for the Project or which relates
to a grave offence that outrages the moral sense of the community.
11. I/We further certify that in regard to matters relating to security and
integrity of the country, we have not been charge-sheeted by any agency of
the Government or convicted by a Court of Law for any offence committed
by us or by any of our Associates.
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Appendices
13. I/We hereby irrevocably waive any right which we may have at any stage
at law or howsoever otherwise arising to challenge or question any decision
taken by IRCON INTERNATIONAL LIMITED and / or the Government
of India in connection with the selection of Consultant or in connection
with the Selection Process itself in respect of the above mentioned Project.
14. The Bid Security of Rs. ………………….. in the form of a Demand Draft
is attached, in accordance with the RFP document.
15. I/We agree and understand that the proposal is subject to the provisions of
the RFP document. In no case, I/We shall have any claim or right of
whatsoever nature if the Consultancy for the Project is not awarded to
me/us or our proposal is not opened.
16. I/We agree to keep this offer valid for 120 (One hundred and twenty
Days) days from the Proposal Due Date specified in RFP.
18. In the event of my/our being selected as the Consultant, I/We agree to enter
into an Agreement in accordance with the form at Schedule – II of the RFP.
We agree not to seek any changes in the aforesaid form and agree to abide
by the same.
19. I/We have studied RFP and all other documents carefully and also surveyed
the proposed corridor. We understand that except to the extent as expressly
set forth in the Agreement, we shall have no claim, right or title arising out
of any documents or information provided to us by IRCON
INTERNATIONAL LIMITED or in respect of any matter arising out of or
concerning or relating to the Selection Process including the award of
Consultancy.
21. I/We agree and undertake to abide by all the terms and conditions of the
RFP Document. In witness thereof, I/we submit this Proposal under and in
accordance with the terms of the RFP Document.
Yours faithfully,
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Appendices
The cost of RFP document [Rs.25000/-] has been remitted through demand draft
no ____________ dated ____________ drawn on _______________ (Name of
Bank) in favor of [IRCON INTERNATIONAL LIMITED payable at Delhi].
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Appendices
APPENDIX-I
Form-2
1. Title of Consultancy:
1 Conducting Pre feasibility study for high speed rail corridor: Delhi-Agra-
Lucknow-Varanasi-Patna
1. Title of Project:
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1.5 If the Applicant is Lead Member of a consortium, state the following for
each of the other Member Firms:
(i) Name of Firm:
(ii) Legal Status and country of incorporation
(iii) Registered address and principal place of business.
(iv) Principal Business of Firm
1.6 For the Applicant, (in case of a consortium, for each Member), state the
following information:
i) In case of non Indian company, does the company have business
presence in India?
Yes/No
If so, provide the office address (es) in India.
ii) Has the Applicant or any of the Members in case of a consortium been
penalized by any organization for the poor quality of work in the last
five years?
Yes/No
iii) Has the Applicant/ member ever failed, in last five years, to complete
any work awarded to it by any public authority/ entity in last five years?
Yes/No
iv) Has the Applicant or any member of the consortium been blacklisted by
any Govt. department/Public Sector Undertaking in the last five years?
Yes/No
1.7 Does the Applicant’ s firm/company (or any member of the consortium)
combine functions as a consultant or designer along with the functions as a
contractor and/or a manufacturer?
Yes/No
If yes, then for this work does the Applicant (and other member of the
Applicant’ s consortium) agree to limit the Applicant’ s role only to that of a
consultant/ designer and to disqualify themselves, their associates/ affiliates
and/or parent organization subsequently from work on this Project in any
other capacity (including tendering relating to any goods or services for any
part of this Project) other than that of consultant and/or designer for
IRCON INTERNATIONAL LIMITED?
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Yes/No
1.8 Does the Applicant intend to borrow or hire temporarily, Expert from
contractors, manufacturers or suppliers for performance of the Consulting
Services?
Yes/No
If yes, have any undertakings been obtained (and annexed) from such
contractors, manufacturers, etc. that they agree to disqualify themselves
from subsequent execution of work on this Project and they agree to limit
their role to that of consultant/ designer for IRCON INTERNATIONAL
LIMITED only?
Yes/No
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APPENDIX-I
Form-3
Ref. Date:
To,
Dear Sir,
Sub: Conducting Pre feasibility study for high speed rail corridor: Delhi-Agra-
Lucknow-Varanasi-Patna
We hereby confirm that we, the Applicant (along with other members in
case of consortium, constitution of which has been described in the Proposal*),
satisfy the terms and conditions laid out in the RFP process.
We have agreed that ________________ (insert Applicant’ s name) will act as the
Lead Member of our consortium.
Yours faithfully,
Authorised Signatory
For and on behalf of ______________
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APPENDIX-I
Form-4
Power of Attorney
AND we do hereby agree to ratify and confirm all acts, deeds and things lawfully
done or caused to be done by our said Authorised 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 Authorised Representative in exercise of the
powers hereby conferred shall and shall always be deemed to have been done by
us.
(Signature)
(Name, Title and Address)
Witnesses:
1.
[Notarised]
2.
Accepted
________________
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(Signature)
(Name, Title 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.
Also, wherever required, the Applicant should submit for verification the extract of
the charter documents and documents such as a resolution/power of attorney in
favour of the person executing this Power of Attorney for the delegation of power
hereunder on behalf of the Applicant:
For a Power of Attorney executed and issued overseas, the document will also
have to be legalised by the Indian Embassy and notarised in the jurisdiction where
the Power of Attorney is being issued.
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APPENDIX-I
Form-5
2.
3.
This is to certify that ***** _____(name of the Applicant) has received the
payments shown above against the respective years on account of
professional fees.
Name of Authorised Signatory:
Designation:
Name of firm:
(Signature of the Authorised Signatory)
Seal of firm
Note:
1. Please do not attach any printed Annual Financial Statement.
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APPENDIX-I
Form-6
Alignment Design
expert
Structural Design
Expert
Electrical Rolling
Stock and Electrical
Expert
Signaling and Train
Control Expert
Transport Economist
Financial Expert
#
Refer Form 9 of Appendix I Experience of Key Expert
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APPENDIX-I
Form-7
The descriptive part of submission under this will be detailed precisely under the
following topics.
The Applicant will submit his understanding of the TOR specified in the
RFP in a brief manner underlying the crucial and important aspects of it. The
Applicant may supplement various requirements of the TOR if he considers
this would bring more clarity and improvements over the existing
requirements and assist in achieving the Objectives laid down in the TOR.
The Applicant will submit his methodology for carrying out this assignment,
outlining his approach toward achieving the Objectives laid down in the
TOR. The Applicant will submit a brief write up on their proposed team and
organization of Expert explaining how various areas of expertise needed for
this assignment have been fully covered by their proposal. In case the
Applicant is a consortium, it should specify how expertise of each firm is
proposed to be utilized for this assignment. The Applicant should specify the
sequence and locations of important activities, and quality assurance plan for
carrying out the Consultancy Services.
Note: Marks will be deducted for writing lengthy and out of context responses.
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APPENDIX-I
Form-8
S. Name of Project, Name of the Estimated Total Payment## Payment received Brief Design Length
No (indicating start Firm/ capital cost of received for by the applicant Descripti Speed and of the
and completion Consortium Project (in Rs Consultancy/ in case it was one on of the commercial High
year of the under which million./ US$ Advisory of the services / operational speed
consultancy) contract was million) Services/PMC in constituents of rendered speed taken corridor
Client, country taken the contract (in Rs the consortium by the for design consider
with full address million / US$ (in Rs Million./ applicant of High ed under
and Telephone Million) US$ million) * speed the
numbers corridor project
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# The Applicant should provide details of only those projects that have been undertaken by it under its own name.
## Exchange rate should be taken as Rs. 40 per US $ for converting to INR.
* The names and chronology of Eligible Projects included here should conform to the project-wise
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APPENDIX-I
Form-9
S. Name Estimated Design Length of Name Designat Start and Man days
No of capital Speed and the High of firm ion of completion Spent
Project cost of commercial speed for the Key Date of
project (in / operational corridor which Expert completion
Rs million speed taken considered the on the of project /
/ US$ for design under the Key project assignment
Million) of High project Expert and
speed worke Scope of
corridor d Services
rendere
d
I, the understamped and signed, certify that to the best of my knowledge and belief, the information given
above is correct. (Signature of the Key
Expert)
I, ***** (name and designation), acting on behalf of ***** (name of the Applicant firm) certify that the
information furnished above is true to the best of my knowledge and belief.
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APPENDIX-I
Form-10
Notes:
(i) Use separate sheet for each Eligible Project.
(ii) Attach a single page summary containing the brief particulars of each project
along with a photograph thereof.
(iii) Exchange rate should be taken as Rs.45 per US $ for converting in Indian
Rupees.
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APPENDIX-I
Form-11
Notes:
(i) Use separate sheet for each Eligible Project.
(ii) Attach a single page summary containing the brief particulars of each
project along with a photograph thereof.
(iii) Exchange rate should be taken as Rs. 45 per US $ for converting in Indian
Rupees.
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APPENDIX-I
Form -12
Please Attach Photographs of the proposed Expert
Curriculum Vitae (CV) of Professional Expert
1. Proposed Position:
2. Name of Expert:
3. Date of Birth: Affix recent photo
4. Nationality:
5. Educational Qualification (Summarize college/university and other
specialized education of Expert):
6. Membership of professional Societies:
7. Publication (List of details of major technical reports/papers published in
national/international journals):
8. Diploma/Graduate/Post Graduate/PhD etc.(mention clearly)
9. Please state whether permanent employee of the firm or not, if yes for how
many years, if no what is the employment arrangement with the firm.
10. Experience:
a. Length of the track
b. Maximum speed on the project for which experience is taken
11. Employment Record:
(Starting with present position, list in reverse order, every employment held.)
13. Details of the current assignment and the time duration for which services are
required for the current assignment.
Certification:
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APPENDIX-IForm - 13
Deployment of Expert
At Away 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Project from
site Project
site
(specify)
I. Resident Expert
Total Mandays
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Form - 14
Work Program
1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20
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APPENDIX-I
Form - 15
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
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APPENDIX-I
Form – 16
Note:
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APPENDIX-II
FINANCIAL PROPOSAL
Form - 1
Covering Letter
To,
Dear Sir,
I/We, ***** (Applicant’ s name) herewith enclose the Financial Proposal for
selection of my/our firm as Consultant for above.
I/We agree that this offer shall remain valid for a period of 90 (ninety) days
from the Proposal Due Date or such further period as may be mutually agreed upon.
Yours faithfully,
(Authorised Representative)
Name:
Designation:
Address:
Note: The Financial Proposal is to be filled strictly as per the forms given in RFP.
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APPENDIX-II
Form - 2
Financial Proposal
Item
Description Amount (Rs.)
No.
B. EXPATRIATE EXPERT
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D SUBTOTAL OF A+B+C
G ADDITIONAL COSTS
I Domestic Travel from Firm’ s Office to the Project
Office (restricted to three return economy class air
fares for each key Expert only)
Note:
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9. Insurance and any other charges not shown here are considered included in
the man day rate/ overhead/ miscellaneous expenses.
10. IRCON INTERNATIONAL LIMITED may require the Key Expert to visit
the Project/ IRCON INTERNATIONAL LIMITED offices for further
consultations after their Report has been accepted. The cost of 3 man days of
each Key Expert is included in the Financial Proposal. IRCON
INTERNATIONAL LIMITED may require up to 7 extra days of
consultation with any or all Key Expert on payment of additional charges.
For any increase as compared to the aforesaid 3 days, payment shall be
computed solely on the basis of relevant man day rates specified in the
financial proposal. In all cases, return full fare economy class airfare shall
be reimbursed in addition, as per actual.
12. All payments shall be made in Indian Rupees and shall be subject to
applicable Indian withholding taxes if any.
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APPENDIX-II
Form - 3
Estimate of Expert Costs
ID Position Name Man-day Rate Total Man Amount
No. (Rs.) Days (Rs.)
Total
A II. Remuneration for Resident Support Expert (including all personal allowances)
Total
B I. Remuneration for Expatriate Expert (including all personal allowances)
Total:
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