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NHPC LIMITED
(A GOVT. OF INDIA ENTERPRISE)
CIN: L40101HR1975GOI032564
FOR
August 2018
2
TABLE OF CONTENTS
PART I
Consulting Services
1. M/s NHPC Limited on behalf of M/s Chenab Valley Power Projects (P) Limited
(hereinafter called Client) invites proposals to provide the following consulting services
(hereinafter called “Services”):
“Consultancy Services for Design, Engineering & Construction monitoring of
Concrete Faced Rockfill Dam, Pakal Dul HE Project (1000 MW), J & K”
More details on the Services are provided in the Terms of Reference (Section 7).
This Request for Proposals (RFP) is open for all the eligible Consultants.
2. A Consultant will be selected under Quality cum Cost Based Selection (QCBS)
procedures and in a Full Technical Proposal (FTP) format as described in this RFP The
RFP includes the following documents:
Section 1 – Request for Proposal Letter
Section 2 - Instructions to Consultants and Data Sheet
Section 3 - Technical Proposal (FTP - Forms)
Section 4 - Financial Proposal - Forms
Section 5 – Eligible Countries
Section 6 – Corrupt, Fraudulent, Collusive and Coercive Practices
Section 7 - Terms of Reference
Section 8 – Information to Consultants (IFC)
Section 9 - Forms of Contract (Time-Based )
3. Complete Request for Proposal (RFP) Document can be viewed / downloaded from the
website www.nhpcindia.com. Details on the proposal’s submission date, time and
address are provided in Instruction to Consultants (ITC) 16.7 and ITC 16.9.
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4. At any time prior to the deadline for submission of proposal, NHPC may amend the
Proposal Document by issuing corrigendum, which shall be notified on portal
www.nhpcindia.com only. Therefore, the prospective Consultants are advised to visit
the site regularly before deadline for submission of proposal.
Yours sincerely,
Instructions to Consultants
A. General Provisions
1. Definitions (a) “Affiliate(s)” means an individual or an entity that
directly or indirectly controls, is controlled by, or is
under common control with the Consultant.
(b) “Applicable Law” means the laws and any other
instruments having the force of law in the Client’s
country, or in such other country as may be specified in
the Data Sheet, as they may be issued and in force from
time to time.
(c) “Client, Chenab Valley Power Projects (P) Limited
(CVPPL)” means the implementing agency that signs
the Contract for the Services with the selected
Consultant.
(d) NHPC Limited, a Public Sector Enterprise of Govt. of
India, having its registered office at Faridabad,
Haryana, India is the Design Consultant of the Client
i.e. CVPPL for Pakal Dul HE Project, J&K, India
(hereinafter referred to as “Client’s Design
Consultant") and wishes to receive bids on behalf of
Client for the Consultancy Services, as described in this
Document.
(e) “Consultant” means a legally-established professional
consulting firm or an entity that may provide or
provides the Services to the Client under the Contract.
(f) “Contract” means a legally binding written agreement
signed between the Client and the Consultant and
includes all the attached documents listed in its Clause
1 (the General Conditions of Contract (GCC), the
Special Conditions of Contract (SCC), and the
Appendices).
(g) “Data Sheet” means an integral part of the Instructions
to Consultants (ITC) Section 2 that is used to reflect
specific country and assignment conditions to
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(q) “RFP” means the Request for Proposals for the selection
of Consultants
(r) “Services” means the work to be performed by the
Consultant pursuant to the Contract.
(s) “Terms of Reference (TORs)” (this Section 7 of the RFP)
means the Terms of Reference that explains the
objectives, scope of work, activities, and tasks to be
performed, respective responsibilities of the Client and
the Consultant, and expected results and deliverables of
the assignment.
2. Introduction 2.1 NHPC / the Client named in the Data Sheet intends to
select a Consultant, in accordance with the method of
selection specified in the Data Sheet.
2.2 The eligible Consultants are invited to submit a Technical
Proposal and a Financial Proposal, as specified in the Data
Sheet, for consulting services required for the assignment
named in the Data Sheet. The Proposal will be the basis for
negotiating and ultimately signing the Contract with the
selected Consultant.
2.3 The Consultants should familiarize themselves with the
local conditions and take them into account in preparing
their Proposals.
2.4 The Client The inputs, relevant project data, and reports
required for the preparation of the Consultant’s Proposal
are specified in Section 8 (Information to Consultants).
3. Conflict of 3.1 The Consultant is required to provide professional,
Interest objective, and impartial advice, at all times holding the
Client’s interests paramount, strictly avoiding conflicts
with other assignments or its own corporate interests, and
acting without any consideration for future work.
3.2 The Consultant has an obligation to disclose to the Client
any situation of actual or potential conflict that impacts its
capacity to serve the best interest of its Client. Failure to
disclose such situations may lead to the disqualification of
the Consultant or the termination of its Contract .
3.2.1 Without limitation on the generality of the foregoing,
the Consultant shall not be hired under the
circumstances set forth below:
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5.3 As an exception to the foregoing ITC 5.1 and ITC 5.2 above:
a. Sanctions A Consultant that has been sanctioned by the any Govt
Organisation in Client’s Country , pursuant to the Anti-
Corruption Guidelines and in accordance with its prevailing
sanctions policies and procedures , shall be ineligible to be
shortlisted for, submit proposals for, or be awarded a
contract , during such period of time as have been
determined.
b. Prohibitions 5.3.1 Firms and individuals of a country or goods
manufactured in a country may be ineligible if so indicated
in Section 5 (Eligible Countries) and:
(a) as a matter of law or official regulations, NHPC / the
Client country prohibits commercial relations with
that country, provided that NHPC / the Client is
satisfied that such exclusion does not preclude
effective competition for the provision of Services
required
b. Restrictions 5.3.2 Government officials and civil servants of the
for Public Client’s country are not eligible to be included as
Employees Experts, individuals, or members of a team of Experts
in the Consultant’s Proposal unless:
(i) the services of the government official or civil
servant are of a unique and exceptional nature,
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B. Preparation of Proposals
6. General 6.1 In preparing the Proposal, the Consultant is expected to
Considerations examine the RFP in detail. Material deficiencies in
providing the information requested in the RFP may result
in rejection of the Proposal.
7. Cost of 7.1 The Consultant shall bear all costs associated with the
Preparation of preparation and submission of its Proposal, and NHPC or the
Proposal Client shall not be responsible or liable for those costs,
regardless of the conduct or outcome of the selection
process. NHPC/the Client is not bound to accept any
proposal and reserves the right to annul the selection process
at any time prior to Contract award, without thereby
incurring any liability to the Consultant.
8. Language 8.1 The Proposal, as well as all correspondence and documents
relating to the Proposal exchanged between the Consultant,
NHPC and the Client, shall be written in the language(s)
specified in the Data Sheet.
9. Documents 9.1 The Proposal shall comprise the documents and forms
Comprising the listed in the Data Sheet.
Proposal
9.2 If specified in the Data Sheet, the Consultant shall include
a statement of an undertaking of the Consultant to observe,
in competing for and executing a contract, the Client
country’s laws against fraud and corruption (including
bribery).
9.3 The Consultant shall furnish information on commissions,
gratuities, and fees, if any, paid or to be paid to agents or
any other party relating to this Proposal and, if awarded,
Contract execution, as requested in the Financial Proposal
submission form (Section 4).
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10. Only One 10.1 The Consultant (including the individual members of any
Proposal Joint Venture) shall submit only one Proposal, either in its
own name or as part of a Joint Venture in another Proposal.
If a Consultant, including any Joint Venture member,
submits or participates in more than one proposal, all such
proposals shall be disqualified and rejected.
11. Proposal Validity 11.1 The Data Sheet indicates the period during which the
Consultant’s Proposal must remain valid after the Proposal
submission deadline.
a. Extension of 11.4 The Client will make its best effort to complete the
Validity Period negotiations within the proposal’s validity period.
However, should the need arise, the Client may request, in
writing, all Consultants who submitted Proposals prior to
the submission deadline to extend the Proposals’ validity.
11.6 The Consultant has the right to refuse to extend the validity
of its Proposal in which case such Proposal will not be
further evaluated.
b. Substitution of 11.7 If any of the Key Experts become unavailable for the
Key Experts at extended validity period, the Consultant shall seek to
Validity substitute another Key Expert. The Consultant shall provide
Extension a written adequate justification and evidence satisfactory to
the Client together with the substitution request. In such
case, a substitute Key Expert shall have equal or better
qualifications and experience than those of the originally
proposed Key Expert. The technical evaluation score,
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c. Sub- 11.9 The Consultant shall not subcontract the whole or any part
Contracting of the Services.
12. Clarification and 12.1 The Consultant may request a clarification of any part of
Amendment of the RFP during the period indicated in the Data Sheet
RFP before the Proposals’ submission deadline. Any request for
clarification must be sent in writing, or by standard
electronic means, to the address indicated in the Data
Sheet. NHPC/ will respond in writing, or by standard
electronic means, and will send written copies of the
response (including an explanation of the query but without
identifying its source) to all Applicants . Should the NHPC
deem it necessary to amend the RFP as a result of a
clarification, it shall do so following the procedure
described below:
12.1.1 At any time before the proposal submission
deadline, NHPC may amend the RFP by issuing an
amendment in writing or by standard electronic
means. The amendment shall be sent to all
Prospective Consultants and will be binding on
them. The Prospective Consultants shall
acknowledge receipt of all amendments in writing.
12.1.2 If the amendment is substantial, NHPC may extend
the proposal submission deadline to give the
prospective Consultants reasonable time to take an
amendment into account in their Proposals.
12.2 The Consultant may submit a modified Proposal or a
modification to any part of it at any time prior to the
proposal submission deadline. No modifications to the
Technical or Financial Proposal shall be accepted after the
deadline.
13. Preparation of 13.1 While preparing the Proposal, the Consultant must give
Proposals Specific particular attention to the following:
Considerations
16
24. Conversion to 24.1 For the evaluation purposes, prices shall be converted to a
Single Currency single currency using the selling rates of exchange, source
and date indicated in the Data Sheet.
25. Combined
Quality and Cost
Evaluation
a. Quality and 25.1 In the case of QCBS, the total score is calculated by
Cost-Based weighting the technical and financial scores and adding
Selection (QCBS) them as per the formula and instructions in the Data Sheet.
The Consultant with the Most Advantageous Proposal,
which is the Proposal that achieves the highest combined
technical and financial scores, will be invited for
negotiations, if required.
25.2 In case two or more Consultants have scored same highest
Final Score, Consultant securing the highest Technical
Score will be adjudicated as the best for award of work.
E. Data Sheet
ITC
Reference A. General
1 (b) INDIA
B. Preparation of Proposals
AND
2nd Inner Envelope with the Financial Proposal (if applicable):
(1) FIN-1
(2) FIN-2
(3) Statement of Undertaking (if required under Data Sheet 9.2 below)
10.1 Participation of, Key Experts in more than one Proposal is permissible
Yes X or No √
11.1 Proposals must remain valid for 120 days after the proposal submission
deadline.
15.2 The prices shall remain firm till completion of the Services.
15.3 [If there is no tax exemption in the Client’s country, insert the following:
“Information on the Consultant’s tax obligations in the Client’s country
i.e. India can be found at https://www.incometaxindia.gov.in/
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The Proposal submission address is: Room No- 216, Contracts Division
(Civil), 2nd Floor, Jyoti Sadan, NHPC Limited, NHPC Office Complex,
Sector-33, Faridabad, Haryana-121003
18.1 The opening shall take place at: Room No- 216, Contracts Division
(Civil), 2nd Floor, Jyoti Sadan, NHPC Limited, NHPC Office Complex,
Sector-33, Faridabad, Haryana-121003
Date: same as the submission deadline indicated in 16.7.
Time: 1530 HRS IST
20.1 Criteria, sub-criteria, and point system for the evaluation of the Full Technical
Proposals: - Enclosed as Annexure 1 to this Data Sheet.
(for FTP)
Total points for the criteria: 100
The minimum technical score (St) required to pass is: 50
23.1 For the purpose of the evaluation, the Client will exclude: (a) all local
identifiable indirect taxes such as GST, or similar taxes levied on the
contract’s invoices; and (b) all additional local indirect tax on the
remuneration of services rendered by non-resident experts in the Client’s
country. If a Contract is awarded, at Contract negotiations, all such taxes will
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be discussed, finalized (using the itemized list as a guidance but not limiting
to it), also indicating which taxes shall be paid by the Consultant and which
taxes are withheld and paid by the Client on behalf of the Consultant.
24.1 The single currency for the conversion of all prices expressed in various
currencies into a single one is: INR
The official source of the TT selling (exchange) rate is: State Bank of
India, Main Branch, Sansad Marg, New Delhi -110001.
The date of the exchange rate is: Due Date of submission of Proposal.
25.1 The lowest evaluated Financial Proposal (Fm) is given the maximum
financial score (Sf) of 100.
(QCBS
only) The formula for determining the financial scores (Sf) of all other
Proposals is calculated as following:
Sf = 100 x Fm/ F, in which “Sf” is the financial score, “Fm” is the lowest
price, and “F” the price of the proposal under consideration.
The weights given to the Technical (T) and Financial (P) Proposals are:
T = 70 and
P = 30
Proposals are ranked according to their combined technical (St) and financial
(Sf) scores using the weights (T = the weight given to the Technical Proposal;
P = the weight given to the Financial Proposal; T + P = 1) as following: S =
St x T% + Sf x P%.
An illustration of QCBS method for selection of Consultant is attached to this
Data Sheet as Annexure 2.
Annexure 1
(i) General Experience
The consultant /consulting firms should have been involved in ‘Design and
Engineering of at least one CFRD of 83 m height during last 7 years. The period
of 7 years shall be considered from the date of invitation of proposals.
Note: the experience of height, Rockfill volume of CFRD Dam can be from
different Projects.
(iii) Selection criteria of the expert(s) Consultant /Consulting firms shall be as per
qualitative criterion to Technical requirement, which is based on overall
suitability and experience to carry out the proposed consultancy work. The
Technical criteria for Quality of Consultants shall be worked out as per the details
given in Table below and score assigned as Technical Score (St).
The following technical criteria will be the basis of marks to be assigned to the
expert(s) Consultant /Consulting firms based on Technical experiences. The
minimum eligible Technical Score is 50.
Annexure 2
• Selection criteria of the expert(s) Consultant /Consulting firms shall be as per qualitative
criterion to Technical requirement, which is based on overall suitability and experience
to carry out the proposed consultancy work. The technical criteria will be the basis of
marks to be assigned to the expert(s) Consultant /Consulting firms based on Technical
experiences. The minimum eligible Technical Score is 50.
The Technical criteria for Quality of Consultants shall be worked out as per the details
given in Table and score assigned as Technical Score ( St) as per Table 1.
• The lowest Financial Proposal (LFB= Fm) will be given a financial score (Sf) of 100
points. The financial scores (Sf) of the other Financial Proposals (F) will be determined
using the following formula:
• The Applicant achieving the highest combined technical and financial score will be
considered as successful Applicant and will be awarded the Consultancy Work.
Proposer 1 92
Proposer2 85
Proposer 4 75
Proposer 1 X
Proposer 2 Y
Proposer 4 Z
Proposer 1 92 75%
Proposer 2 85 85%
Proposer 4 75 100%
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Required for
Page Limit
FTP FORM DESCRIPTION
FTP
TECH-1 Technical Proposal Submission Form.
TECH-1 If the Proposal is submitted by a joint venture,
If
Attachment attach a letter of intent or a copy of an existing
applicable
agreement.
Power of No pre-set format/form. In the case of a Joint
Attorney Venture, several are required: a power of
If attorney for the authorized representative of each
applicable JV member, and a power of attorney for the
representative of the lead member to represent all
JV members
TECH-2 Consultant’s Organization and Experience.
All pages of the original Technical and Financial Proposal shall be initialed by the
same authorized representative of the Consultant who signs the Proposal.
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Form TECH-1
{Location, Date}
Dear Sirs:
We, the undersigned, offer to provide the consulting services for [Insert title of
assignment] in accordance with your Request for Proposals (RFP) dated [Insert Date] and
our Proposal. [Select appropriate wording depending on the selection method stated in the
RFP: “We are hereby submitting our Proposal, which includes this Technical Proposal and
a Financial Proposal sealed in a separate envelope”].
{If the Consultant is a joint venture, insert the following: We are submitting our
Proposal a joint venture with: {Insert a list with full name and the legal address of each
member, and indicate the lead member}. We have attached a copy {insert: “of our letter of
intent to form a joint venture” or, if a JV is already formed, “of the JV agreement”} signed
by every participating member, which details the likely legal structure of and the
confirmation of joint and severable liability of the members of the said joint venture.
(a) All the information and statements made in this Proposal are true and we
accept that any misinterpretation or misrepresentation contained in this
Proposal may lead to our disqualification by the Client and/or may be
sanctioned by the Bank.
(b) Our Proposal shall be valid and remain binding upon us for the period of time
specified in the Data Sheet, ITC 11.1.
(d) We meet the eligibility requirements as stated in ITC 5, and we confirm our
understanding of our obligation to abide by policy in regard to Corrupt,
Fraudulent, collusive and Coercive Practices as per ITC 4.
(e) We, , are not ineligible under the Client’s country laws or official regulations;
(f) In competing for (and, if the award is made to us, in executing) the Contract,
we undertake to observe the laws against fraud and corruption, including
bribery, in force in the country of the Client.]
(g) Except as stated in the Data Sheet, ITC 11.7, we undertake to negotiate a
Contract on the basis of the proposed Key Experts. We accept that the
38
substitution of Key Experts for reasons other than those stated in ITC 11 and
ITC 26.4 may lead to the termination of Contract negotiations.
(h) Our Proposal is binding upon us and subject to any modifications resulting
from the Contract negotiations.
We undertake, if our Proposal is accepted and the Contract is signed, to initiate the Services
related to the assignment no later than the date indicated in ITC 29.2 of the Data Sheet.
We understand that the Client is not bound to accept any Proposal that the Client receives.
We remain,
Yours sincerely,
_________________________________________________________________
Signature (of Consultant’s authorized representative) {In full and initials}:
{For a joint venture, either all members shall sign or only the lead member, in which
case the power of attorney to sign on behalf of all members shall be attached}
39
Form TECH-2: a brief description of the Consultant’s organization and an outline of the recent
experience of the Consultant that is most relevant to the assignment. In the case of a joint
venture, information on similar assignments shall be provided for each partner. For each
assignment, the outline should indicate the names of the Consultant’s Key Experts who
participated, the duration of the assignment, the contract amount (total and, if it was done in a
form of a joint venture, the amount paid to the Consultant), and the Consultant’s
role/involvement.
A - Consultant’s Organization
1. Provide here a brief description of the background and organization of your company, and –
in case of a joint venture – of each member for this assignment.
1. List only previous similar assignments successfully completed in the last Seven (7) years.
2. List only those assignments for which the Consultant was legally contracted by the Client as
a company or was one of the joint venture members. Assignments completed by the
Consultant’s individual experts working privately or through other consulting firms cannot
be claimed as the relevant experience of the Consultant, or that of the Consultant’s partners,
but can be claimed by the Experts themselves in their CVs. The Consultant must substantiate
the claimed experience by presenting copies of relevant documents and references .
1. List only previous similar assignments successfully completed in the last Twenty (20) years.
2. List only those assignments for which the Consultant was legally contracted by the Client as
a company or was one of the joint venture members. Assignments completed by the
Consultant’s individual experts working privately or through other consulting firms cannot
40
be claimed as the relevant experience of the Consultant, or that of the Consultant’s partners,
but can be claimed by the Experts themselves in their CVs. The Consultant must substantiate
the claimed experience by presenting copies of relevant documents and references.
{e.g., Jan- {e.g., “Support to sub- {e.g., {e.g., US$0.2 {e.g., sole
May national government.....” : municipality mil/US$0.2 mil} Consultant}
2008} drafted secondary level of.........,
regulations on..............} country}
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Form TECH-3: comments and suggestions on the Terms of Reference that could improve the
quality/effectiveness of the assignment; and on requirements for counterpart staff and facilities,
which are provided by the Client, including: administrative support, office space, local
transportation, equipment, data, etc.
{comments on counterpart staff and facilities to be provided by the Client. For example,
administrative support, office space, local transportation, equipment, data, background
reports, etc., if any}
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Form TECH-4: a description of the approach, methodology and work plan for performing the
assignment, including a detailed description of the proposed methodology and staffing for
training, if the Terms of Reference specify training as a specific component of the assignment.
b) Work Plan. {Please outline the plan for the implementation of the main activities/tasks
of the assignment, their content and duration, phasing and interrelations, milestones
(including interim approvals by the Client), and tentative delivery dates of the reports.
The proposed work plan should be consistent with the technical approach and
methodology, showing your understanding of the TOR and ability to translate them into
a feasible working plan. A list of the final documents (including reports) to be delivered
as final output(s) should be included here. The work plan should be consistent with the
Work Schedule Form.}
c) Organization and Staffing. {Please describe the structure and composition of your
team, including the list of the Key Experts and relevant technical and administrative
support staff.}
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Months
N° Deliverables 1 (D-..)
1 2 3 4 5 6 7 8 9 ..... n TOTAL
D-1 {e.g., Deliverable #1: Report A
1) data collection
2) drafting
3) inception report
4) incorporating comments
5) delivery of final report to Client}
1 List the deliverables with the breakdown for activities required to produce them and other benchmarks such as the Client’s approvals. For phased
assignments, indicate the activities, delivery of reports, and benchmarks separately for each phase.
2 Duration of activities shall be indicated in a form of a bar chart.
3. Include a legend, if necessary, to help read the chart.
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Total time-input
Expert’s input (in Mandays) per each Deliverable (listed in TECH-5)
N° Name (in Man days)
Position D-1 D-2 D-3 ........ D-... Home Field Total
KEY EXPERTS
{e.g., Mr. Abbbb} [Team [Home] [2 month] [1.0] [1.0]
K-1 Leader] [Field] [0.5 m] [2.5] [0]
K-2
K-3
Subtotal
Total
1 For Key Experts, the input should be indicated individually for the same positions as required under the Data Sheet ITC 20.1.
45
2 One working (billable) day shall be not less than eight (8) working (billable) hours.
3 “Home” means work in the office in the expert’s country of residence. “Field” work means work carried out in the Client’s country outside the expert’s
country of residence.
BLANK
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F ORM TECH-6
(C ONTINUED)
Country of Citizenship/Residence
Employment record relevant to the assignment: {Starting with present position, list in
reverse order. Please provide dates, name of employing organization, titles of positions
held, types of activities performed and location of the assignment, and contact information
of previous clients and employing organization(s) who can be contacted for references.
Past employment that is not relevant to the assignment does not need to be included.}
Language Skills (indicate only languages in which you can work): ______________
______________________________________________________________________
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Certification:
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly
describes myself, my qualifications, and my experience, and I am available, as and when
necessary, to undertake the assignment in case of an award. I understand that any
misstatement or misrepresentation described herein may lead to my disqualification or
dismissal by the Client, and/or sanctions by the Bank.
{day/month/year}
{day/month/year}
Financial Proposal Standard Forms shall be used for the preparation of the Financial
Proposal according to the instructions provided in Section 2.
F ORM FIN-1
F INANCIAL P ROPOSAL SUBMISSION F ORM
{Location, Date}
Dear Sirs:
We, the undersigned, offer to provide the consulting services for [Insert title of
assignment] in accordance with your Request for Proposal dated [Insert Date] and our
Technical Proposal.
Our attached Financial Proposal is for the amount of {Indicate the corresponding to
the amount(s) currency(ies)} {Insert amount(s) in words and figures}, [Insert “including”
or “excluding”] of all indirect local taxes in accordance with ITC 23.1 in the Data Sheet.
The estimated amount of local indirect taxes is {Insert currency} {Insert amount in words
and figures} which shall be confirmed or adjusted, if needed, during negotiations. {Please
note that all amounts shall be the same as in Form FIN-2}.
Our Financial Proposal shall be valid and remain binding upon us, subject to the
modifications resulting from Contract negotiations, for the period of time specified in the
Data Sheet, ITC 11.1.
{If no payments are made or promised, add the following statement: “No commissions or
gratuities have been or are to be paid by us to agents or any third party relating to this
Proposal and Contract execution.”}
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
_________________________________________________________________
Signature (of Consultant’s authorized representative) {In full and initials}:
{For a joint venture, either all members shall sign or only the lead
member/consultant, in which case the power of attorney to sign on behalf of all
members shall be attached}
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In reference to ITC 5.3.1, for the information of Consultants, at the present time firms,
goods and services from the following countries are excluded from this selection:
Between
NHPC Limited, a company incorporated under the Companies Act 1956 and having its
registered office at NHPC Office Complex, Sector-33, Faridabad-121003 (Haryana),
hereinafter referred to as “ Client’s Design Consultant” which expression shall mean and
include, unless the context otherwise requires, his successors in office and assigns of the
First Part.
And
M/s ________ , a company/ firm/ individual (status of the company) and having its
registered office at ______________ represented by Shri ________ , hereinafter referred
to as “The Bidder/” which expression shall mean and include, unless the context otherwise
requires, his successors and permitted assigns of the Second Part.
WHEREAS the Client’s Design Consultant proposes to procure under laid down
organizational procedures, contract/s for Consultancy Services for Design, Engineering &
Construction monitoring of Concrete Faced Rockfill Dam, Pakal Dul HE Project (1000
MW), J & K and the Bidder/ is willing to offer against NIT No. NHPC/CCW/2018/PD-
CFRD Consultancy.
NOW, THEREFORE,
To avoid all forms of corruption by following a system that is fair, transparent and free from
any influence/prejudiced dealings prior to, during and subsequent to the currency of the
contract to be entered into with a view to: -
Enabling the Client’s Design Consultant to obtain the desired said (/ services) at a
competitive price in conformity with the defined specifications by avoiding the high cost
and the distortionary impact of corruption on public procurement, and
Enabling the Bidder(s)/ Contractor(s) to abstain from bribing or indulging in any corrupt
practice in order to secure the contract by providing assurance to them that their competitors
will also abstain from bribing and other corrupt practices and the Employer will commit to
prevent corruption, in any form, by its officials by following transparent procedures.
1.1 The Client’s Design Consultant undertakes that no official of the Client’s Design
Consultant , connected directly or indirectly with the contract, will demand, take a
promise for or accept, directly or through intermediaries, any bribe, consideration,
gift, reward, favour or any material or immaterial benefit or any other advantage
55
from the Bidder/ Contractor, either for themselves or for any person, organization or
third party related to the contract in exchange for an advantage in the bidding
process, bid evaluation, contracting or implementation process related to the contact.
1.2. The Client’s Design Consultant will, during the pre-contract stage, treat all the
Bidders/ Contractors alike, and will provide to all the Bidders/ Contractors the same
information and will not provide any such information to any particular Bidder/
Contractor which could afford an advantage to that particular Bidder/ Contractor in
comparison to other Bidders/Contractors.
1.3. All the officials of the Client’s Design Consultant will report to the appropriate
Authority any attempted or completed breaches of the above commitments as well
as any substantial suspicion of such a breach.
2.0 In case any such preceding misconduct on the part of such official(s) is reported by
the Bidder to the Client’s Design Consultant with full and verifiable facts and the
same is prima facie found to be correct by the Client’s Design Consultant, necessary
disciplinary proceedings, or any other action as deemed fit, including criminal
proceedings may be initiated by the Client’s Design Consultant or Independent
External Monitor and such a person shall be debarred from further dealings related
to the contract process. In such a case while an enquiry is being conducted by the
Client’s Design Consultant the proceedings under the contract would not be stalled.
3.1 The Bidder(s)/Contractor(s) will not offer, directly or through intermediaries, any
bribe, gift, consideration, reward, favour, any material or immaterial benefit or other
advantage, commission, fees, brokerage or inducement to any official of the Client’s
Design Consultant , connected directly or indirectly with the bidding process, or to
any person, organization or third party related to the contract in exchange for any
advantage in the bidding, evaluation, contracting and implementation of the contract.
3.2 The Bidder/ Contractor further undertakes that it has not given, offered or promised
to give, directly or indirectly any bribe, gift consideration, reward, favour, any
material or immaterial benefit or other advantage, commission, fees, brokerage or
inducement to any official of the Client’s Design Consultant or otherwise in
procuring the Contract or forbearing to do or having done any act in relation to the
obtaining or execution of the contract or any other contract with Employer for
showing or forbearing to show favour or disfavour to any person in relation to the
contract or any other contract with Employer.
3.3 The Bidder(s)/ shall disclose the name and address of agents and representatives
and Indian Bidder(s) shall disclose their foreign principals or associates.
56
3.4 The Bidder(s) shall disclose the payments to be made by them to agents/brokers or
any other intermediary, in connection with this bid/contract.
3.5 Deleted.
3.6 The Bidder, either while presenting the bid or during pre-contract negotiations or
before signing the contract, shall disclose any payments he has made, is committed
to or intends to make to officials of the Client’s Design Consultant or their family
members, agents, brokers or any other intermediaries in connection with the contract
and the details of services agreed upon for such payments.
3.7 The Bidder will not collude with other parties interested in the contract to impair the
transparency, fairness and progress of the bidding process, bid evaluation,
contracting and implementation of the contract.
3.8 The Bidder will not accept any advantage in exchange for any corrupt practice,
unfair means and illegal activities.
3.9 The Bidder shall not use improperly, for purposes of competition or personal gain,
or pass on to others, any information provided by the Client’s Design Consultant as
part of the business relationship, regarding plans, technical proposals and business
details, including information contained in electronic data carrier. The Bidder/
Contractor also undertakes to exercise due and adequate care lest any such
information is divulged.
3.10 The Bidder(s) commits to refrain from giving any complaint directly or through any
other manner without supporting it with full and verifiable facts.
3.11 The Bidder(s)/ shall not instigate or cause to instigate any third person to commit
any of the actions mentioned above.
3.12 If the Bidder or any employee of the Bidder or any person acting on behalf of the
Bidder, either directly or indirectly, is a relative of any of the officers of the Client’s
Design Consultant , or alternatively, if any relative of an officer of the Client’s
Design Consultant has financial interest/stake in the Bidder(s) firm(excluding
Public Ltd. Company listed on Stock Exchange), the same shall be disclosed by the
Bidder at the time of filling of tender.
The term ‘relative’ for this purpose would be as defined in Section 2(77) of the
Companies Act 2013.
3.13 The Bidder(s) shall not lend to or borrow any money from or enter into any monetary
dealings or transactions, directly or indirectly, with any employee of the Employer.
3.14 The representative of the Bidder(s) signing Integrity Pact shall not approach the
Courts while representing the matters to IEMs and he/she will wait their decision in
the matter.
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4.1 The Bidder(s) declares that no previous transgression occurred in the last three years
immediately before signing of this Integrity Pact, with any other company in any
country in respect on any corrupt practices envisaged hereunder or with any Public
Sector Enterprise in India or any Government Department in India.
5.0 Earnest Money (Security Deposit)
The provision regarding Security Deposit as detailed in the Request for Proposal and
Instruction to Consultants (ITC) section of the Bid Document is to be referred.
6.1 Any breach of the aforesaid provisions by the Bidder or any one employed by it or
acting on its behalf shall entitle the Client’s Design Consultant to take action as per
the procedure mentioned in the “Guidelines on Banning of Business Dealings”
attached as Annex-A and initiate all or any one of the following actions, wherever
required:-
(i) To immediately call off the pre-contract negotiations without assigning any
reason or giving any compensation to the Bidder. However, the proceedings
with the other Bidder(s) would continue.
(ii) The Security Deposit/Performance Bond (after the contract is Signed) shall
stand forfeited either fully or partially, as decided by the Client’s Design
Consultant and the Client’s Design Consultant shall not be required to assign
any reason thereof.
(iii) To immediately cancel the contract, if already signed, without giving any
compensation to the Contractor. The Bidder shall be liable to pay
compensation for any loss or damage to the Employer resulting from such
cancellation/rescission and the Client’s Design Consultant shall be entitled to
deduct the amount so payable from the money(s) due to the Bidder/Contractor.
(iv) Deleted.
(v) To encash the Bank guarantee, in order to recover the dues if any by the
Client’s Design Consultant , along with interest as per the provision of
contract.
(vi) Deleted.
(vii) To debar the Bidder from participating in future bidding processes of NHPC
Ltd., as per provisions of “Guidelines on Banning of Business Dealings” of
NHPC Ltd. (Annex-A), which may be further extended at the discretion of the
Client’s Design Consultant.
(viii) To recover all sums paid in violation of this Pact by Bidder(s) to any
middleman or agent or broker with a view to securing the contract.
(ix) In cases where irrevocable Letters of Credit have been received in respect of
any contract signed by the Client’s Design Consultant with the Bidder, the
same shall not be opened/operated.
(x) Forfeiture of Performance Security in case of a decision by the Client’s Design
Consultant to forfeit the same without assigning any reason for imposing
sanction for violation of this Pact.
58
6.2 The Client’s Design Consultant will be entitled to take all or any of the actions
mentioned at para 6.1 (i) to (x) of this Pact also on the Commission by the Bidder or
any one employed by it or acting on its behalf (whether with or without the
knowledge of the Bidder), of an offence as defined in Chapter IX of the Indian Penal
Code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for
prevention of corruption.
6.3 The decision of the Client’s Design Consultant to the effect that a breach of the
provisions of this Pact has been committed by the Bidder/ Contractor shall be final
and conclusive on the Bidder. However, the Bidder can approach the Independent
External Monitor(s) appointed for the purposes of this Pact.
7.0 Fall Clause - Deleted
8.1 The Client’s Design Consultant has appointed Independent External Monitors
(hereinafter referred to as monitors) for this Pact in consultation with the Central
Vigilance Commission, India.
8.2 The task of the Monitors shall be to review independently and objectively, whether
and to what extent the parties comply with the obligations under this Pact.
8.3 The Monitors shall not be subject to instructions by the representatives of the parties
and perform their functions neutrally and independently.
8.4 Both the parties accept that the Monitors have the right to access all the documents
relating to the project/procurement, including minutes of meetings. The right to
access records should only be limited to the extent absolutely necessary to
investigate the issue related to the subject tender/contract.
8.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he
will so inform CMD, NHPC and request NHPC Ltd. to discontinue or take corrective
action, or to take other relevant action. The Monitor can in this regard submit non-
binding recommendations. Beyond this the Monitor has no right to demand from the
parties that they act in a specific manner, refrain from action or tolerate action.
8.6 The Bidder(s) accepts that the Monitor has the right to access without restriction, to
all Project documentation of the Employer including that provided by the Bidder.
The Bidder will also grant the Monitor, upon his request and demonstration of a
valid interest, unrestricted and unconditional access to his project documentation.
The same is applicable to Subcontractor(s). The Monitor shall be under contractual
obligation to treat the information and documents of the Bidderwith confidentiality.
8.7 The Employer will provide to the Monitor sufficient information about all meetings
among the parties related to the project provided such meetings could have an impact
on the contractual relations between the parties. The parties will offer to the Monitor
the option to participate in such meetings as and when required.
8.8 The Monitor will submit a written report to the CMD, NHPC Ltd., within 8 to 10
weeks from the date of reference or intimation to him by the Client’s Design
59
Consultant /Bidder and should the occasion arise, submit proposals for correcting
problematic situations.
8.9 The word ‘Monitor’ would include both singular and plural.
This Pact is subject to Indian Law. The place of performance and jurisdiction is the
Registered Office of the Employer, i.e. Faridabad (Haryana). The arbitration clause
provided in the tender document/contract shall not be applicable for any
issue/dispute arising under Integrity Pact.
11.1 The actions stipulated in this Integrity Pact are without prejudice to any other legal
action that may follow in accordance with the provisions of the extant law in force
relating to any civil or criminal proceedings.
11.2 Changes and supplements as well as termination notice need to be made in writing.
11.3 If the Contractor is a partnership or a consortium or a joint venture, this pact must
be signed by all partners of the consortium/joint venture.
12.0 Validity
12.1 The validity of this Integrity Pact shall be from date of its signing and extend upto
award of Consultancy Services to the satisfaction of both the Client’s Design
Consultant and the Bidder. In case BIDDER is unsuccessful, this Integrity Pact shall
expire after six months from the date of the signing of the contract.
12.2 Should one or several provisions of this Pact turn out to be invalid, the remainder of
this Pact shall remain valid. In this case, the parties will strive to come to an
agreement to their original intention.
13.0 The Parties hereby sign this Integrity Pact as part of the contract at ____________
on ______________ and parties concerned are bound by its provisions.
60
Witness1.__________________________ Witness1.__________________________
(Name and address) (Name and address)
2.__________________________ 2.__________________________
(Name and address) (Name and address)
61
Annex-A
Guidelines on Banning of Business Dealings
1.0 Introduction
1.1 NHPC Limited (NHPC) deals with Agencies viz. parties/ contractors/ suppliers/
bidders, who are expected to adopt ethics of highest standards and a very high degree
of integrity, commitments and sincerity towards the work undertaken. It is not in the
interest of NHPC to deal with Agencies who commit deception, fraud or other
misconduct in the tendering process and/or during execution of work undertaken.
NHPC is committed for timely completion of the Projects within the awarded value
without compromising on quality.
1.2 Since suspension/ banning of business dealings involves civil consequences for an
Agency concerned, it is incumbent that adequate opportunity of hearing is provided
and the explanation, if tendered, is considered before passing any order in this regard
keeping in view the facts and circumstances of the case.
2.0 Scope
2. 1 NHPC reserves its rights to remove from list of approved suppliers / contractors (if
such list exists) or to Suspend/Ban Business Dealings if any Agency has been found
to be non / poor performing or have committed misconduct or fraud or anything
unethical or any of its action(s) which falls into any such grounds as laid down in this
policy.
2.2 The procedure of (i) Removal of Agency from the List of approved suppliers /
contractors; (ii) Suspension and (iii) Banning of Business Dealing with Agencies,
has been laid down in these guidelines.
2.4 These guidelines shall not be applicable in Joint Venture, Subsidiary Companies of
NHPC unless they are assignees, successors or executor.
3.0 Definitions
ii) “Unit” shall mean the Corporate Office, Project/ Power Station/ Regional
Office/ Liaison Office or any other office of NHPC.
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iii) “Competent Authority” and ‘Appellate Authority’ shall mean the following:
a. For works awarded/under Tendering from corporate office (falling in the
competency of CMD /Board of Directors)
➢ Competent Authority: Head of the Unit not below the rank of Chief
Engineer/Chief
➢ Appellate Authority: Next higher authority
Action for Suspension / Banning Business Dealings with any Agency shall be
initiated by the department responsible for invitation of Bids/Engineer-in-charge
after noticing the irregularities or misconduct on the part of Agency concerned.
Besides the concerned department, Vigilance Department of each Unit/ Corporate
Vigilance may also be competent to initiate such action.
5.1 If the conduct of any Agency dealing with NHPC is under investigation, the
Competent Authority may consider whether the allegations (under investigation) are
of a serious nature and whether pending investigation, it would be advisable to
continue business dealing with the Agency. If the Competent Authority, decides that
it would not be in the interest to continue business dealings pending investigation, it
may suspend business dealings with the Agency. The order of suspension would
operate for a period not more than six months and may be communicated to the
Agency as also to the Investigating Committee. The Investigating Committee may
ensure that their investigation is completed and whole process of final order is over
within such period. However if the investigations are not completed within six
months ,the investigation committee shall put up the proposal to the competent
authority for approval of extension of time maximum up to further three months with
in which the committee shall conclude the proceedings .
63
5.2 The order of suspension shall be effective throughout NHPC in case of work falling
in the Competency of CMD/ Board of Directors/Directors, in case of falling in the
competency of Executive Director throughout Region and in case of falling in the
competency of HOP and below throughout the Project/Power Station and attached
liaison offices/units. During the period of suspension, no business dealing shall be
held with the Agency.
5.3 If the Agency concerned asks for detailed reasons of suspension, the Agency may
be informed that its conduct is under investigation. It is not necessary to enter into
correspondence or argument with the Agency at this stage.
5.4 It is not necessary to give any show-cause notice or personal hearing to the Agency
before issuing the order of suspension.
6.1 If the security consideration, including questions of loyalty of the Agency to NHPC
so warrants;
6.2 If the director /owner of the Agency, proprietor or partner of the firm, is convicted
by a Court of Law for offences involving moral turpitude in relation to its business
dealings with the Government or any other public sector enterprises, during the last
five years;
6.3 If the Agency has resorted to Corrupt, Fraudulent, Collusive, Coercive practices
including misrepresentation of facts and violation of the any provisions of the
Integrity Pact provided in the Contract.
6.4 If the Agency uses intimidation / threatening or brings undue outside pressure on
NHPC or its official for acceptance / performances of the job under the contract;
6.5 If the Agency misuses the premises or facilities of NHPC, forcefully occupies or
damages the NHPC’s properties including land, water resources, forests / trees or
tampers with documents/records etc.
6.6 If the Agency does not fulfill the obligations as required under the Contract and
Violates terms & conditions of the contract which has serious affect for continuation
of the Contract.
6.7 If the work awarded to the agency has been terminated by NHPC due to poor
performance of the contract in the preceding 5 years.
6.8 If the Central Vigilance Commission, Central Bureau of Investigation or any other
Central Government investigation Agency recommends such a c o u r s e i n
respect of a case under investigation or improper conduct on agency’s part in
matters relating to the Company (NHPC) or even otherwise;
6.9 On any other ground upon which business dealings with the Agency is not in the
public interest.
64
6.10 If business dealings with the Agency have been banned by the Ministry of Power,
Government of India OR any PSU/ any other authority under the MOP if intimated
to NHPC or available on MOP Website, the business dealing with such agencies
shall be banned with immediate effect for future business dealing except banning
under Integrity Pact without any further investigation.
(Note: The examples given above are only illustrative and not exhaustive. The
Competent Authority may decide to ban business dealing for any good and sufficient
reason).
7.2 The order of Banning of Business Dealings shall be effective throughout NHPC in
case of work falling in the Competency of CMD/Board of Directors/Directors, in
case of falling in the competency of Executive Director throughout Region and in
case of falling in the competency of HOP and below throughout the Project/Power
Station and attached liaison office/units. During the period of Banning of Business
Dealings, no Business Dealing shall be held with the Agency. In situation where
based upon the gravity of the default, it is decided by the competent authority and
the Project/Region to extend the banning to Region/wide NHPC approval of regional
ED/Concerned Director as the case may be, shall be obtained.
a) To study the report of the department responsible for invitation of bids and
decide if a prima-facie case for banning exists, if not, send back the case to the
Competent Authority.
c) To examine the reply to show-cause notice and call the Agency for personal
hearing, if required.
Once the proposal for issuance of Show Cause Notice is approved by the
Competent Authority, a ‘Show Cause Notice’ s h a l l be issued to the delinquent
Agency by the Competent Authority o r by a person authorized b y t h e
Competent Authority for the said purpose. The Agency shall be asked to submit
the reply to the Show Cause Notice within 15 days of its issuance. Further, the
Agency shall be given an opportunity for Oral hearing to present its case in person,
if it so desires, and the date for Oral Hearing shall necessarily be indicated in the Show
Cause Notice.
The purpose of issuing the Show Cause Notice is only that the Agency concerned
shall be given an opportunity to explain their stand before any action is taken. T he
grounds on which action is proposed to be taken shall be disclosed to the Agency
inviting representation and after considering that representation, orders may be
passed. Such orders require only the satisfaction of the authority that passed the final
orders.
During the conductance of oral hearing, only the regular duly authorized
employees of Agency will be permitted to represent the Agency and no outsider
shall be allowed to represent the Agency on its behalf.
Reply to the Show Cause Notice given by the Agency and their submissions in
oral hearing, if any, will be processed by the Committee for obtaining final
decision of the Competent Authority in the matter.
In case, no reply to Show Cause Notice is received from the Agency within stipulated
time, further reminder shall be given with further period of 10 days thereafter if no
reply is received action for processing ex-parte against the concerned Agency shall
be initiated.
The speaking order (reasoned order) for banning the business dealing with the
Agency shall be issued by the Competent Authority or by a person authorized for
the said purpose.
The decision regarding banning of business dealings taken after the issue of a Show Cause
Notice and consideration of representation, if any, in reply thereto, shall be
communicated to the Agency concerned along with a reasoned order. The fact that
the representation has been considered shall invariably be mentioned in the
communication. Also the fact that if no reply was received to the Show Cause
Notice shall invariably be indicated in the final communication to the Agency.
66
As far as possible, the existing ongoing contract(s) with the Agency may continue
unless the Competent Authority, having regard to the circumstances of the case,
decides otherwise, keeping in view contractual and legal issues which may arise
thereof. In case the existing Contracts are allowed to continue, the
suspension/Banning of Business Dealing along with default of the Contractor shall
be recorded in the experience certificate issued for the work.
The Agency, ( after issue of the order of banning of business dealings) would
not be allowed to participate in any future tender enquiry and if the Agency has
already participated in tender process as stand-alone OR constituent of joint venture
and the price bids are not opened, his techno-commercial bid will be rejected and
price bid will be returned unopened. However, where the price bids of Agency
have been opened prior to order of banning, bids of Agency shall not be
rejected and tendering process shall be continued unless Competent Authority
having regard to the circumstances of the case decides otherwise keeping in view
the Contractual, Legal issues which may arise thereafter. However, in case the
suspension /Banning is due to default of an Agency for the provisions under Integrity
Pact and the Agency happens to be Lowest Bidder (L1), the tendering process shall
be annulled and fresh tenders shall be invited.
During the Suspension/ Banning period, if it is found at any stage that Agency
has participated in tender enquiry under a different name then such Agency would
immediately be debarred from the tender/contract and its Bid Security/Performance
Security would be forfeited. Payment, if any, made shall also be recovered.
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After Suspension/ Banning order, the Suspended/ Banned Agency shall not be
allowed to participate as Sub-Vendor/Sub-Contractor in the tenders.
There would be no bar on procuring the spares and awarding Contracts towards
Annual Maintenance (AMC)/ O&M/ Repair works on Agencies pertaining to the
packages for which they have been banned provided the Equipment has been
supplied by such Agency.
The concerned unit shall forward the name and details of the Agency (ies) banned
along with period and area of banning to IT&C Division of Corporate Office for
displaying the same on the NHPC website.
The Agency may file an appeal against the order of the Competent Authority
banning of business dealing before Appellate Authority. Such an appeal shall be
preferred within 30 (Thirty) Days from the date of receipt of the order of banning
of business dealing. Appellate Authority would consider the appeal if convinced
may constitute another committee for further investigation. Based on the
recommendation of the committee Appellate Authority shall pass appropriate order
which shall be communicated to the Agency as well as the Competent Authority .
9.0 Circulation of the names of Agencies with whom Business Dealings have been
banned
The name of the concerned banned agency shall also be shared with MOP and other
PSU in the sector and all the units of NHPC.
The provisions of this policy supersede and will have overriding effect on all earlier
guidelines, procedures & system issued for the similar purpose.
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b) Firming up the Basic Design parameters & Layout of the CFRD within 120 days
of award of Consultancy work considering all scope of work. Design Report -1
shall be given to NHPC within 135 days of award of Consultancy work.
c) Draft Detail Design for each items of CFRD within 240 Days of award of
Consultancy work considering all scope of work. Design Report-2 shall be given
to NHPC after completion of 50% of scope of Design works as per preliminary
assessment report.
d) Second visit to NHPC Design & Engineering Division for firming up of Detailed
Design within 365 Days of award of Consultancy work. Design Report-3 shall be
given to NHPC after completion of 75% of scope of Design works as per
preliminary assessment report.
e) Final Detail Design for each item of CFRD to be completed within 420 Days of
award of Consultancy work considering all scope of work. Final Design Report-4
shall be given to NHPC after completion of 90% of scope of Design works as per
preliminary assessment report.
f) Periodic site visits (total site visits =5) after every ±6 months (as per site
requirement) after start of construction of CFRD. Site visit report to be given by
the consultant after every visit.
g) Technical Assistance to D&E Division, NHPC Ltd. & to CVPPL during Detailed
Design for issuance of drawings as well as during construction period of CFRD.
h) Periodic design support as per “g” above & submission of design reports (Total no
of such reports =5) & acceptance thereof after every ±6 months (as per site
requirements) after start of construction of CFRD.
i) Completion of all design & drawings of concrete facing of CFRD, top parapet wall
& junction details of adjoining surface spillway with CFRD & submission of draft
completion report & acceptance thereof.
j) Submission of Final completion design & construction report after completion of
CFRD and acceptance thereof.
2. Team Composition & Qualification Requirements for the Key Experts (and any other
requirements will be used for evaluating the Key Experts under Data Sheet 20.1 of the
ITC)
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Part II
Section 8 – Information for Consultants
technical specifications, Tender Drawings , BOQ etc. and responsible for Detailed
Design and issue of construction drawings for this project.
NHPC Ltd is the Design consultant for CVPPL for the Pakal Dul H E project & has
been associated in preparing the Detailed Project Report, firming up of technical
specifications, Tender Drawings, BOQ etc. and responsible for Detailed Design and
issue of construction drawings for this project. The technical specifications and tender
drawings for CFRD have been finalized and are part of the contract document of Lot-
2 package.
The proposed work of construction of CFRD is under LOT-2 package which is at the
award stage and the L1 Proposer shall be engaging a consultant for CFRD with
specialist for implementation of CFRD at site from contractor’s side.
constructed by Teesta Urja on BOOT basis, has 60m high CFRD dam. No major
CFRD dams greater that 100m have been constructed in India till now.
To save the precious construction time and cost, to take care of safety aspects during
design, firming up the design parameters of CFRD and proper monitoring during
construction, the design work is intended to be got carried out in association with
NHPC, through “Consultancy assignment”, by expert(s) Consultant /consulting firms
having experience in “Planning, design, Engineering and construction Supervision
” of Concrete Faced Rockfill Dams (CFRD’s) equivalent/similar in terms of height
and Rock fill volume. Technical & Design assistance in India, as required by
expert(s) Consultant /consulting firms shall be provided by NHPC Ltd. The
consultant/consulting firm shall be associated with detailed design of CFRD and
issue of construction drawings shall be done by NHPC Ltd.
9.0 Geology:
The detailed geological mapping of the proposed dam & its appurtenant structures
have been carried out on 1:1000 scale and further the geological plan reproduced on
1:2000 scale. The Geology of the dam area is described as below.
9.1 Dam:
A 167m high Concrete Face Rock fill Dam (CFRD) near village Drangdhuran is
proposed to be constructed across river Marusudar. The river valley at the proposed
site is narrow gorge having rocky escarpment on both the banks in a stretch of about
300m length along the river course. The river flows in a broad semi-circle course at
the proposed dam site, having convex bend towards right bank. The river banks in the
upstream part of the dam axis constitute wide terrace deposits on either bank.
Both the abutments exhibit exposures of strong to very strong competent gneissic rock
with a thin cover of slope wash/scree deposit. The rock is generally fresh, hard,
massive and tightly foliated. However, a few open joints near the surface are also seen
mainly on the left bank. Geological plan of dam area is appended as Plate-8.1.
List of Drawings
PART III
Consultant’s Services
Time-Based
95
Contents
Preface 97
I. Form of Contract 99
II. General Conditions of Contract 101
A. GENERAL PROVISIONS 101
1.
Definitions ........................................................................................................ 101
2.
Relationship between the Parties ..................................................................... 102
3.
Law Governing Contract .................................................................................. 102
4.
Language .......................................................................................................... 103
5.
Headings ........................................................................................................... 103
6.
Communications .............................................................................................. 103
7.
Location............................................................................................................ 103
8.
Authority of Member in Charge....................................................................... 103
9.
Authorized Representatives ............................................................................. 103
10.
Fraud and Corruption ....................................................................................... 103
B. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT 104
11.
Effectiveness of Contract ................................................................................. 104
12.
Termination of Contract for Failure to Become Effective ............................... 104
13.
Commencement of Services ............................................................................. 104
14.
Expiration of Contract ...................................................................................... 104
15.
Entire Agreement ............................................................................................. 104
16.
Modifications or Variations ............................................................................. 104
17.
Force Majeure .................................................................................................. 104
18.
Suspension ....................................................................................................... 106
19.
Termination ...................................................................................................... 106
C. OBLIGATIONS OF THE CONSULTANT 108
20.
General ............................................................................................................. 108
21.
Conflict of Interest ........................................................................................... 109
22.
Confidentiality ................................................................................................. 110
23.
Liability of the Consultant ............................................................................... 110
24.
Insurance to be taken out by the Consultant .................................................... 110
25.
Accounting, Inspection and Auditing .............................................................. 111
26.
Reporting Obligations ...................................................................................... 111
27.
Proprietary Rights of the Client in Reports and Records ................................. 111
28.
Equipment, Vehicles and Materials ................................................................. 111
D. CONSULTANT’S EXPERTS AND SUB-CONSULTANTS 112
29. Description of Key Experts .............................................................................. 112
30. Replacement of Key Experts ............................................................................ 112
31. Approval of Additional Key Experts ............................................................... 113
32. Removal of Experts or Sub-consultants ........................................................... 113
33. Replacement/ Removal of Experts – Impact on Payments .............................. 113
96
34.
Working Hours, Overtime, Leave, etc. .............................................................113
E. OBLIGATIONS OF THE CLIENT 114
35.
Assistance and Exemptions...............................................................................114
36.
Access to Project Site........................................................................................114
37.
Change in the Applicable Law Related to Taxes and Duties ............................115
38.
Services, Facilities and Property of the Client ..................................................115
39.
Counterpart Personnel .......................................................................................115
40.
Payment Obligation ..........................................................................................116
F. PAYMENTS TO THE CONSULTANT 116
41.
Ceiling Amount .................................................................................................116
42.
Remuneration and Reimbursable Expenses ......................................................116
43.
Taxes and Duties ...............................................................................................116
44.
Currency of Payment ........................................................................................117
45.
Mode of Billing and Payment ...........................................................................117
46.
Interest on Delayed Payments ...........................................................................118
G. FAIRNESS AND GOOD FAITH 118
47. Good Faith ........................................................................................................118
H. SETTLEMENT OF DISPUTES 118
48. Amicable Settlement .........................................................................................118
49. Dispute Resolution ............................................................................................118
III. Special Conditions of Contract 121
IV. Appendices 129
Appendix A – Terms of Reference ..................................................................................129
Appendix B - Key Experts .........................................................................................130129
Appendix C – Bill of Items ..............................................................................................131
Appendix D - Form of Performance Guarantee ...............................................................133
97
Preface
1. The standard Contract form consists of four parts: the Form of Contract to be signed by the
Client and the Consultant, the General Conditions of Contract (GCC), including Attachment
1 Corrupt, Fraudulent, Collusive and Coercive Practices ; the Special Conditions of Contract
(SCC); and the Appendices.
between
and
Dated:
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I. Form of Contract
T IME-BASED
(Text in brackets [ ] is optional; all notes should be deleted in the final text)
This CONTRACT (hereinafter called the “Contract”) is made the [number] day of the month
of [month], [year], between, on the one hand, [name of Client or Recipient] (hereinafter called
the “Client”) and, on the other hand, [name of Consultant] (hereinafter called the
“Consultant”).
[If the Consultant consist of more than one entity, the above should be partially amended to
read as follows: “…(hereinafter called the “Client”) and, on the other hand, a Joint Venture
(name of the JV) consisting of the following entities, each member of which will be jointly and
severally liable to the Client for all the Consultant’s obligations under this Contract, namely,
[name of member] and [name of member] (hereinafter called the “Consultant”).]
WHEREAS
(a) the Client has requested the Consultant to provide certain consulting services as
defined in this Contract (hereinafter called the “Services”);
(b) the Consultant, having represented to the Client that it has the required professional
skills, expertise and technical resources, has agreed to provide the Services on the
terms and conditions set forth in this Contract;
1. The following documents attached hereto shall be deemed to form an integral part of
this Contract:
In the event of any inconsistency between the documents, the following order of
precedence shall prevail: the Special Conditions of Contract; the General Conditions
100
2. The mutual rights and obligations of the Client and the Consultant shall be as set forth
in the Contract, in particular:
(a) the Consultant shall carry out the Services in accordance with the provisions of
the Contract; and
(b) the Client shall make payments to the Consultant in accordance with the
provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written.
[For a joint venture, either all members shall sign or only the lead member, in which case
the power of attorney to sign on behalf of all members shall be attached.]
For and on behalf of each of the members of the Consultant [insert the name of the Joint
Venture]
4. Language 4.1. This Contract has been executed in the language specified in the
SCC, which shall be the binding and controlling language for all matters
relating to the meaning or interpretation of this Contract.
5. Headings 5.1. The headings shall not limit, alter or affect the meaning of this
Contract.
6. Communications 6.1. Any communication required or permitted to be given or made
pursuant to this Contract shall be in writing in the language specified in
Clause GCC 4. Any such notice, request or consent shall be deemed to
have been given or made when delivered in person to an authorized
representative of the Party to whom the communication is addressed, or
when sent to such Party at the address specified in the SCC.
6.2. A Party may change its address for notice hereunder by giving the
other Party any communication of such change to the address specified
in the SCC.
7. Location 7.1. The Services shall be performed at such locations as are specified
in Appendix A hereto and, where the location of a particular task is not
so specified, at such locations, whether in the Consultant’s country,
Client’s country or elsewhere, as the Client may approve.
8. Authority of 8.1. In case the Consultant is a Joint Venture, the members hereby
Member in authorize the member specified in the SCC to act on their behalf in
Charge exercising all the Consultant’s rights and obligations towards the Client
under this Contract, including without limitation the receiving of
instructions and payments from the Client.
9. Authorized 9.1. Any action required or permitted to be taken, and any document
Representatives required or permitted to be executed under this Contract by the Client or
the Consultant may be taken or executed by the officials specified in the
SCC.
10. Fraud and 10.1 Client requires compliance with the Clients’ Anti-Corruption
Corruption Guidelines and its prevailing sanctions policies and procedures as set forth
in Attachment 1 to the GCC.
a. Commissions and 10.2 The Client requires the Consultant to disclose any commissions or
Fees fees that may have been paid or are to be paid to agents or any other party
with respect to the selection process or execution of the Contract. The
information disclosed must include at least the name and address of the
agent or other party, the amount and currency, and the purpose of the
commission, gratuity or fee. Failure to disclose such commissions,
gratuities or fees may result in termination of the Contract and/or sanctions
by the Client.
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17.2. Force Majeure shall not include (i) any event which is caused
by the negligence or intentional action of a Party or such Party’s
Experts, or agents or employees, nor (ii) any event which a diligent
Party could reasonably have been expected to both take into account
at the time of the conclusion of this Contract, and avoid or overcome
in the carrying out of its obligations hereunder.
b. No Breach of 17.4. The failure of a Party to fulfill any of its obligations hereunder
Contract shall not be considered to be a breach of, or default under, this
Contract insofar as such inability arises from an event of Force
Majeure, provided that the Party affected by such an event has taken
all reasonable precautions, due care and reasonable alternative
measures, all with the objective of carrying out the terms and
conditions of this Contract.
18. Suspension 18.1. The Client may, by written notice of suspension to the
Consultant, suspend all payments to the Consultant hereunder if the
Consultant fails to perform any of its obligations under this Contract,
including the carrying out of the Services, provided that such notice
of suspension (i) shall specify the nature of the failure, and (ii) shall
request the Consultant to remedy such failure within a period not
exceeding thirty (30) calendar days after receipt by the Consultant of
such notice of suspension.
19. Termination 19. 1 This Contract may be terminated by either Party as per
provisions set up below:
a. By the Client 19.1.1 The Client may terminate this Contract in case of the
occurrence of any of the events specified in paragraphs (a)
through (f) of this Clause. In such an occurrence the Client
shall give at least thirty (30) calendar days’ written notice of
termination to the Consultant in case of the events referred to in
(a) through (d); at least sixty (60) calendar days’ written notice
in case of the event referred to in (e); and at least five (5)
calendar days’ written notice in case of the event referred to in
(f):
(a) If the Consultant fails to remedy a failure in the
performance of its obligations hereunder, as specified in a
notice of suspension pursuant to Clause GCC 18;
(b) If the Consultant becomes (or, if the Consultant consists of
more than one entity, if any of its members becomes)
insolvent or bankrupt or enter into any agreements with
their creditors for relief of debt or take advantage of any
law for the benefit of debtors or go into liquidation or
receivership whether compulsory or voluntary;
(c) If the Consultant fails to comply with any final decision
reached as a result of arbitration proceedings pursuant to
Clause GCC 49.1;
(d) If, 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 ninety (90) calendar days;
107
(e) If the Client, in its sole discretion and for any reason
whatsoever, decides to terminate this Contract;
(f) If the Consultant fails to confirm availability of Key
Experts as required in Clause GCC 13.
19.1.2 if the Consultant, in the judgment of the Client has
engaged in Fraud and Corruption, as defined in paragraph 2.2 a
of the Attachement 1 to the GCC, in competing for or in executing
the Contract, then the Client may, after giving fourteen (14)
calendar days written notice to the Consultant, terminate the
Consultant's employment under the Contract.
b. By the 19.1.3 The Consultant may terminate this Contract, by not less
Consultant than thirty (30) calendar days’ written notice to the Client, in
case of the occurrence of any of the events specified in
paragraphs (a) through (d) of this Clause.
(a) If the Client fails to pay any money due to the Consultant
pursuant to this Contract and not subject to dispute pursuant
to Clauses GCC 49.1 within forty-five (45) calendar days
after receiving written notice from the Consultant that such
payment is overdue.
(b) If, 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 ninety ( 90) calendar days.
(c) If the Client fails to comply with any final decision reached
as a result of arbitration pursuant to Clause GCC 49.1.
(d) If the Client is in material breach of its obligations pursuant
to this Contract and has not remedied the same within forty-
five (45) days (or such longer period as the Consultant may
have subsequently approved in writing) following the
receipt by the Client of the Consultant’s notice specifying
such breach.
c. Cessation of 19.1.4 Upon termination of this Contract pursuant to Clauses
Rights and GCC 12 or GCC 19 hereof, or upon expiration of this Contract
Obligations pursuant to Clause GCC 14, 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 GCC 22, (iii) the Consultant’s obligation to permit
inspection, copying and auditing of their accounts and records
set forth in Clause GCC 25 and to cooperate and assist in any
108
b. Performance 20.2 The Consultant shall obtain (at his cost) a Performance Security
Security for proper performance, as stated in the SCC. The Client shall return
the Performance Security to the Consultant within one month after the
Final Payment.
109
20.3 The Consultant shall employ and provide such qualified and
experienced Experts and Sub-consultants as are required to carry out
the Services.
20.4 The Consultant may get executed part of the Services to an
extent and with such Key Experts as may be approved in advance by
the Client. Notwithstanding such approval, the Consultant shall retain
full responsibility for the Services.
c. Law 20.5 The Consultant shall perform the Services in accordance with
Applicable to the Contract and the Applicable Law and shall take all practicable steps
Services to ensure that any of its Experts and Sub-consultants, comply with the
Applicable Law.
20.6 Throughout the execution of the Contract, the Consultant shall
comply with the import of goods and services prohibitions in the
Client’s country when
(a) as a matter of law or official regulations, the client’s
country prohibits commercial relations with that country;
or
(b) by an act of compliance with a decision of the United
Nations Security Council taken under Chapter VII of the
Charter of the United Nations, the client’s Country
prohibits any import of goods from that country or any
payments to any country, person, or entity in that country.
20.7 The Client shall notify the Consultant in writing of relevant
local customs, and the Consultant shall, after such notification, respect
such customs.
21. Conflict of Interest 21.1 The Consultant shall hold the Client’s interests paramount,
without any consideration for future work, and strictly avoid conflict
with other assignments or their own corporate interests.
a. Consultant 21.1.1 The payment of the Consultant pursuant to GCC F
Not to Benefit (Clauses GCC 41 through 46) shall constitute the Consultant’s
from only payment in connection with this Contract and, subject to
Commissions, Clause GCC 21.1.3, the Consultant shall not accept for its own
Discounts, etc. benefit any trade commission, discount or similar payment in
connection with activities pursuant to this Contract or in the
discharge of its obligations hereunder, and the Consultant shall
use its best efforts to ensure that any Sub-consultants, as well as
the Experts and agents of either of them, similarly shall not
receive any such additional payment.
21.1.2 Furthermore, if the Consultant, as part of the Services,
has the responsibility of advising the Client on the procurement
110
have been paid. The Consultant shall ensure that such insurance is in
place prior to commencing the Services as stated in Clause GCC 13.
25. Accounting, 25.1 The Consultant shall keep and shall make all reasonable efforts
Inspection and to cause its key expert to keep, accurate and systematic accounts and
Auditing records in respect of the Services in such form and detail as will clearly
identify relevant time changes and costs.
25.2. Pursuant to paragraph 2.2 e. of Appendix to the General
Conditions the Consultant shall permit the Client and/or persons
appointed by the Client to inspect the Site and/or the accounts and
records relating to the performance of the Contract.
26. Reporting 26.1 The Consultant shall submit to the Client the reports and
Obligations documents specified in Appendix A, in the form, in the numbers and
within the time periods set forth in the said Appendix failing which,
the Client shall impose Delay Damages as set forth in the Special
Conditions of Contract.
27. Proprietary Rights 27.1 Unless otherwise indicated in the SCC, all reports and relevant
of the Client in data and information such as maps, diagrams, plans, databases, other
Reports and documents and software, supporting records or material compiled or
Records prepared by the Consultant for the Client in the course of the Services
shall be confidential and become and remain the absolute property of
the Client. The Consultant shall, not later than upon termination or
expiration of this Contract, deliver all such documents to the Client,
together with a detailed inventory thereof. The Consultant may retain
a copy of such documents, data and/or software but shall not use the
same for purposes unrelated to this Contract without prior written
approval of the Client.
27.2 If license agreements are necessary or appropriate between the
Consultant and third parties for purposes of development of the plans,
drawings, specifications, designs, databases, other documents and
software, the Consultant shall obtain the Client’s prior written approval
to such agreements, and the Client shall be entitled at its discretion to
require recovering the expenses related to the development of the
program(s) concerned. Other restrictions about the future use of these
documents and software, if any, shall be specified in the SCC.
28. Equipment, 28.1 Equipment, vehicles and materials made available to the
Vehicles and Consultant by the Client, or purchased by the Consultant wholly or
Materials partly with funds provided by the Client, shall be the property of the
Client and shall be marked accordingly. Upon termination or
expiration of this Contract, the Consultant shall make available to the
Client an inventory of such equipment, vehicles and materials and shall
dispose of such equipment, vehicles and materials in accordance with
the Client’s instructions. While in possession of such equipment,
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31. Approval of 31.1 If during execution of the Contract, additional Key Experts
Additional Key are required to carry out the Services, the Consultant shall submit to
Experts the Client for review and approval a copy of their Curricula Vitae
(CVs). If the Client does not object in writing (stating the reasons for
the objection) within twenty two (22) days from the date of receipt of
such CVs, such additional Key Experts shall be deemed to have been
approved by the Client.
The rate of remuneration payable to such new additional Key Experts
shall be based on the rates for other Key Experts position which
require similar qualifications and experience.
32. Removal of Experts 32.1 If the Client finds that any of the Experts has committed
or Sub-consultants serious misconduct or has been charged with having committed a
criminal action, or if the Client determines that a Consultant’s Expert
has engaged in Fraud and Corruption while performing the Services,
the Consultant shall, at the Client’s written request, provide a
replacement.
32.2 In the event that any of Key Experts, Non-Key Experts is found
by the Client to be incompetent or incapable in discharging assigned
duties, the Client, specifying the grounds therefore, may request the
Consultant to provide a replacement.
32.3 Any replacement of the removed Experts shall possess better
qualifications and experience and shall be acceptable to the Client.
33. Replacement/ 33.1 Except as the Client may otherwise agree, (i) the Consultant
Removal of Experts shall bear all additional travel and other costs arising out of or
– Impact on incidental to any removal and/or replacement, and (ii) the
Payments remuneration to be paid for any of the Experts provided as a
replacement shall not exceed the remuneration which would have been
payable to the Experts replaced or removed.
34. Working Hours, 34.1 Working hours for Experts are set forth in Appendix B. To
Overtime, Leave, account for travel time to/from the Client’s country, experts carrying
etc. out Services inside the Client’s country shall be deemed to have
commenced or finished work in respect of the Services such number
of days before their arrival in, or after their departure from, the Client’s
country as is specified in Appendix B.
34.2 The Experts shall not be entitled to be paid for overtime nor to
take paid sick leave or vacation leave except as specified in Appendix
B, and the Consultant’s remuneration shall be deemed to cover these
items.
34.3 Any taking of leave by Key Experts shall be subject to the prior
approval by the Consultant who shall ensure that absence for leave
114
37. Change in the 37.1 If, after the date of this Contract, there is any change in the
Applicable Law applicable law in the Client’s country with respect to taxes and duties
Related to Taxes applicable on Services (excluding Income Tax), which increases or
and Duties decreases the cost incurred by the Consultant in performing the
Services, then the remuneration and reimbursable expenses otherwise
payable to the Consultant under this Contract shall be increased or
decreased accordingly by agreement between the Parties hereto, and
corresponding adjustments shall be made to the ceiling amounts
specified in Clause GCC 41.1
38. Services, Facilities 38.1 The Client shall make available to the Consultant and the
and Property of the Experts, for the purposes of the Services and free of any charge, the
Client services, facilities and property described in the Terms of Reference
(Appendix A) at the times and in the manner specified in said
Appendix A.
38.2 In case that such services, facilities and property shall not be
made available to the Consultant as and when specified in Appendix
A, the Parties shall agree on (i) any time extension that it may be
appropriate to grant to the Consultant for the performance of the
Services, (ii) the manner in which the Consultant shall procure any
such services, facilities and property from other sources, and (iii) the
additional payments, if any, to be made to the Consultant as a result
thereof pursuant to Clause GCC 41.3.
39. Counterpart 39.1 The Client shall make available to the Consultant free of
Personnel charge such professional and support counterpart personnel, to be
nominated by the Client with the Consultant’s advice, if specified in
Appendix A.
39.2 If counterpart personnel are not provided by the Client to the
Consultant as and when specified in Appendix A, the Client and the
Consultant shall agree on (i) how the affected part of the Services shall
be carried out, and (ii) the additional payments, if any, to be made by
the Client to the Consultant as a result thereof pursuant to Clause GCC
41.3.
39.3 Professional and support counterpart personnel, excluding
Client’s liaison personnel, shall work under the exclusive direction of
the Consultant. If any member of the counterpart personnel fails to
perform adequately any work assigned to such member by the
Consultant that is consistent with the position occupied by such
member, the Consultant may request the replacement of such
member, and the Client shall not unreasonably refuse to act upon such
request.
116
41.2 Payments under this Contract shall not exceed the ceilings in
foreign currency and in local currency specified in the SCC.
42. Remuneration and 42.1 The Client shall pay to the Consultant (i) remuneration that shall
Reimbursable be determined on the basis of time actually spent by each Expert in the
Expenses performance of the Services after the date of commencing of Services
or such other date as the Parties shall agree in writing; and (ii)
reimbursable expenses as per Bill of Items that are actually and
reasonably incurred by the Consultant in the performance of the
Services.
42.3 Unless the SCC provides for the price adjustment of the
remuneration rates, said remuneration shall be fixed for the duration
of the Contract.
42.4 The remuneration rates shall cover: (i) such salaries and
allowances as the Consultant shall have agreed to pay to the Experts
as well as factors for social charges and overheads (bonuses or other
means of profit-sharing shall not be allowed as an element of
overheads), (ii) the cost of backstopping by home office staff not
included in the Experts’ list in Appendix B, (iii) the Consultant’s
profit, and (iv) any other items as specified in the SCC.
43. Taxes and Duties 43.1 The Consultantand Experts are responsible for meeting any
and all tax liabilities arising out of the Contract unless it is stated
otherwise in the SCC.
43.2 As an exception to the above and as stated in the SCC, all local
identifiable indirect taxes (itemized and finalized at Contract
117
H. SETTLEMENT OF DISPUTES
48. Amicable 48.1 The Parties shall seek to resolve any dispute amicably by
Settlement mutual consultation.
48.2 If either Party objects to any action or inaction of the other
Party, the objecting Party may file a written Notice of Dispute to the
other Party providing in detail the basis of the dispute. The Party
receiving the Notice of Dispute will consider it and respond in writing
within fourteen (14) days after receipt. If that Party fails to respond
within fourteen (14) days, or the dispute cannot be amicably settled
within fourteen (14) days following the response of that Party, Clause
GCC 49.1 shall apply.
49. Dispute Resolution 49.1 Any dispute between the Parties arising under or related to this
Contract that cannot be settled amicably may be referred to by either
Party to the adjudication/arbitration in accordance with the provisions
specified in the SCC.
50. General The general provisions for operation of Services under the Contract
have been specified in SCC.
119
1. Purpose
1.1 The Client’s Anti-Corruption Guidelines and this annex apply with respect to procurement
under Bank Investment Project Financing operations.
2. Requirements
2.1 The Client requires that bidders (applicants/proposers), consultants, contractors and
suppliers; any sub-contractors, sub-consultants, service providers or suppliers; any agents
(whether declared or not); and any of their personnel, observe the highest standard of ethics
during the procurement process, selection and contract execution of contracts, and refrain
from Fraud and Corruption.
2.2 To this end, the Client:
a. Defines, for the purposes of this provision, the terms set forth below as follows:
i. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence improperly the actions of another
party;
ii. “fraudulent practice” is any act or omission, including misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain
financial or other benefit or to avoid an obligation;
iii. “collusive practice” is an arrangement between two or more parties designed to
achieve an improper purpose, including to influence improperly the actions of
another party;
iv. “coercive practice” is impairing or harming, or threatening to impair or harm,
directly or indirectly, any party or the property of the party to influence
improperly the actions of a party;
v. “obstructive practice” is:
(a) deliberately destroying, falsifying, altering, or concealing of evidence
material to the investigation or making false statements to
investigators in order to materially impede a Client investigation into
allegations of a corrupt, fraudulent, coercive, or collusive practice;
and/or threatening, harassing, or intimidating any party to prevent it
from disclosing its knowledge of matters relevant to the investigation
or from pursuing the investigation; or
(b) acts intended to materially impede the exercise of the Client’s
inspection and audit rights provided in Contract..
b. Rejects a proposal for award if the Client determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-
120
1.1(a) The Contract shall be construed in accordance with the law of India
6.1 and 6.2 The addresses are [fill in at negotiations with the selected firm]:
Attention :
Facsimile :
E-mail (where permitted):
Consultant :
Attention :
Facsimile :
E-mail (where permitted) :
8.1 [Note: If the Consultant consists only of one entity, state “N/A”;
OR
If the Consultant is a Joint Venture consisting of more than one entity,
the name of the JV member whose address is specified in Clause SCC6.1
should be inserted here. ]
The Lead Member on behalf of the JV is ___________
______________________________ [insert name of the member]
20.2 The Consultant shall deliver Performance Security in the form of a bank
guarantee, as stipulated in the Appendix D,.to the Client within 28 days
of issue of Letter of Acceptance. The amount of Performance Security
shall be 5% (five percent) of the Ceiling Amount and in the types and
proportions of currency(ies) specified in the Bill of Items (Appendix C).
The performance bank guarantee for the amounts expressed in Indian
Rupees shall be issued by an Indian Nationalised / Scheduled Bank or a
Foreign Bank notified as a Scheduled Bank under the provisions of the
’Reserve Bank of India Act' through any of its Branches in India. The
bank guarantees in currencies other than INR shall be acceptable only
if these are issued by an International Bank of repute situated outside
India (to be confirmed by their Branch in India or by any Scheduled
Bank in India) or by an Authorised dealer in India as per guidelines
issued by the RBI from time to time.
25.1 The Consultant and all Key Experts shall maintain proper log sheet of
Time / Man days utilization for the Design and Engineering Works
performed for the Services under the Contract and shall submit monthly
report of the same to the Client.
27.2 [The Consultant shall not use these documents and softwarefor
purposes unrelated to this Contract without the prior written
approval of the Client.]
41.2 The ceiling in foreign currency or currencies is: as per Total Prices
indicated in Bill of Items exclusive of local indirect taxes.
The ceiling in local currency is: as per Total Prices indicated in Bill of
Items exclusive of local indirect taxes.
124
43.1 and 43.2 The Client shall reimburse the Consultant, and the Key Experts any
indirect taxes, duties, fees, levies and other impositions imposed, under
the applicable law in the Client’s country, on the Consultant, and the
Key Experts in respect of:
(a) any payments whatsoever made to the Consultant, and the Key
Experts (other than nationals or permanent residents of the Client’s
country), in connection with the carrying out of the Services;
(b) any equipment, materials and supplies brought into the Client’s
country by the Consultant or Sub-consultants for the purpose of
carrying out the Services and which, after having been brought
into such territories, will be subsequently withdrawn by them;
(c) any equipment imported for the purpose of carrying out the
Services and paid for out of funds provided by the Client and
which is treated as property of the Client;
(d) any property brought into the Client’s country by the Consultant,
or the Key Experts (other than nationals or permanent residents of
the Client’s country), or the eligible dependents of such experts for
their personal use and which will subsequently be withdrawn by
them upon their respective departure from the Client’s country,
provided that:
(i) the Consultant, and Key experts shall follow the usual
customs procedures of the Client’s country in importing
property into the Client’s country; and
(e) Income Tax payable in Client’s Country shall be paid and borne
by the Consultant.
(f) Taxes and duties payable outside India and Income Tax shall
be borne by Consultant.
(g) Income Tax including withholding Tax payable in Client’s
Country shall be borne by Consultant.
126
The Arbitral Tribunal shall give a written reasoned Award and the final
award by a majority of Arbitrators rendered in writing shall be binding
upon the parties.
50 1. NHPC is the main design consultant for Pakal Dul H.E. Project and
as such CFRD design consultant shall interact with the main design
consultant-NHPC for this assignment.
2. All the design Details including inputs and output files shall be
shared by the consultant with NHPC/CVPPL in soft & hard copies.
3. While undertaking design analysis himself, the consultant shall
assist NHPC also in design analysis/mathematical/numerical
modeling-based design and detailing.
4. The construction drawings shall be issued by NHPC to CVPPL and
consultant shall not be required to make construction drawings as part
of the scope of works. However, consultant shall actively associate
himself in preparation and issuance of construction drawings.
5. The test section for the CFRD including in-situ tests shall be
monitored by the consultant as per the site requirement.
6. The liquefaction potential of the foundation shall be assessed by the
consultant as per the tests and investigations already carried out so far
and suggest the remedial measures, if required.
7. All reports and relevant data and information such as maps,
diagrams, plans, databases, other documents and software, supporting
records or material complied or prepared by the consultant for the
NHPC/CVPP in the course of service shall be confidential and become
and remain the absolute property of NHPC/CVPP. The consultant shall
not later than upon termination or expiration of this contract deliver all
such documents to the client, together with a detailed inventory thereof.
The consultant may retain a copy of such documents, data but shall not
use the same for the purposes unrelated to this contract without prior
written approval of NHPC/CVPP.
8. Consultant shall furnish the necessary documents to CVPP to obtain
necessary permission to visit J&K State, India. Authorization to visit
the site, if required, shall be arranged by CVPP.
9. Consultant shall perform services related to this consultancy work in
line with Scope of work and according to deliverable & services.
10. Statement of Man power utilized shall be submitted by the
consultant to NHPC monthly.
11. Payment shall be made by CVPPL however the details of
manpower used by consultant for execution of this assignment shall be
verified by NHPC.
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BLANK
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IV. Appendices
[This Appendix shall include the final Terms of Reference (TORs) worked out by the Client and
the Consultant during the negotiations; dates for completion of various tasks; location of
performance for different tasks; detailed reporting requirements; Client’s input, including
counterpart personnel assigned by the Client to work on the Consultant’s team; specific tasks
that require prior approval by the Client.
Insert the text based on the Section 7 (Terms of Reference) of the ITC in the RFP and modified
based on the Forms TECH-1 through TECH-5 in the Consultant’s Proposal. Highlight the
changes to Section 7 of the RFP]
If the Services consist of or include the supervision of civil works, the following action that
require prior approval of the Client shall be added to the “Reporting Requirements” section of
the TORs: Taking any action under a civil works contract designating the Consultant as
“Engineer”, for which action, pursuant to such civil works contract, the written approval of the
Client as “Employer” is required.]
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[Insert a table based on Form TECH-6 of the Consultant’s Technical Proposal and finalized at
the Contract’s negotiations. Attach the CVs (updated and signed by the respective Key Experts)
demonstrating the qualifications of Key Experts.]
[Specify Hours of Work for Key Experts: List here the hours of work for Key Experts; travel time
to/ from the Client’s country; entitlement, if any, to leave pay; public holidays in the Client’s
country that may affect Consultant’s work; etc. Make sure there is consistency with Form TECH-
6. In particular: One working (billable) day shall be not less than eight (8) working (billable)
hours. ]
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2. PAYMENT SCHEDULE
Bank Guarantee
Dear Sirs,
In consideration of the ... [Client Name] ........ (hereinafter referred to as the ‘Client which
expression shall unless repugnant to the context or meaning thereof, include its successors,
administrators and assigns) having awarded to M/s ......[Consultant Name] ............ with its
Registered/Head Office at ............................. (hereinafter referred to as the ‘Consultant, which
expression shall unless repugnant to the context or meaning thereof, include its successors,
administrators, executors and assigns), a Contract by issue of Client’s Letter of Acceptance
No................ dated......... and the same having been acknowledged by the Consultant, for ------
---------[Contract sum in figures and words] for ………[ Name of the work] and the Consultant
having agreed to provide a Contract Performance Guarantee for the faithful performance of the
entire Contract equivalent to .......(*)...........of the said value of the aforesaid services under the
Contract to the Client.
(**)
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The Client shall have the fullest liberty, without affecting in any way the liability of the Bank
under this guarantee, from time to time to extend the time for performance of the Contract by
the Consultant. The Client shall have the fullest liberty, without affecting this guarantee, to
postpone from time to time the exercise of any powers vested in them or of any right which
they might have against the Consultant, and to exercise the same at any time in any manner,
and either to enforce or to forbear to enforce any covenants, contained or implied, in the
Contract between the Client and the Consultant or any other course or remedy or security
available to the Employer. The Bank shall not be released of its obligations under these presents
by any exercise by the Client of its liberty with reference to the matters aforesaid or any of them
or by reason of any other act or forbearance or other acts of omission or commission on the part
of the Client or any other indulgence shown by the Client or by any other matter or thing
whatsoever which under the law would, but for this provision have the effect of relieving the
Bank.
The Bank also agrees that the Client at its option shall be entitled to enforce this Guarantee
against the Bank as a principal debtor, in the first instance without proceeding against the
Consultant and notwithstanding any security or other guarantee the Client may have in relation
to the Consultant’s liabilities.
iii) We are liable to pay the guaranteed amount or any part thereof under this Bank
Guarantee only and only if Client serves upon Bank a written claim or demand on or
before (@)______
WITNESS
................................................ (Signature)...........................
(Signature)
................................................
(Name) (Name)..................................
.................................................. ..........................................
(Official Address) (Designation with Bank Stamp)/with staff
Authority no.
Notes :1. (*) This sum shall be five percent (5%) of the Ceiling Amount denominated in
the types and proportions of currencies.
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(@) This date will be sixty (60) months beyond the issue of LOA.
(**) Client may also present any of his demands at the counters of the
..........(Name and branch of the Bank in India) .......... for further relay to us.
(To be inserted in case of a foreign currency bank guarantee issued by an
overseas bank outside India)
2. Bank Guarantee should be executed on appropriate stamp paper of requisite value, such
stamp paper should be purchased in the name of Issuing Bank, not more than six (6)
months prior to execution / issuance of Bank Guarantee. The name of the purchaser
should appear at the back side of stamp paper in the Vendors Stamp. Bank guarantee
should contain rubber stamp of the authorized signatory of the bank indicating the name,
designation and signature/ power of attorney number as well as telephone/ fax numbers
with full correspondence address of the Bank.
In case the same is issued by a first class International Bank, the law prevalent in the
country of execution shall prevail for the purpose of Stamp Duty on the Bank Guarantee.
However, in such a case, the bank Guarantee shall be got confirmed through any Indian
Scheduled/Nationalized Bank.
2. Bank Guarantee is required to be submitted directly to the Client by the issuing bank (on
behalf of Consultant) under registered post (A.D.). The Consultant can submit an
advance copy of Bank Guarantee to the Client.
3. The issuing bank shall write the name of bank’s controlling branch/ Head Office along
with contact details like telephone/ fax and full correspondence address in order to get
the confirmation of BG from that branch/ Head office, if so required.