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Request For Proposal

HEALTH & FAMILY WELFARE


DEPARTMENT

Government of Gujarat

INVITES

REQUEST FOR PROPOSALS

FOR

Empanelment of Consultancy Services for Architectural &


Engineering Design Services for Health Care Facilities

Project Implementation Unit


4th Floor, PIU/RDD/NHM Building,

Civil Hospital Compound, Sector-12,

Gandhinagar – 382 012.

Ph. 23231434, 23231393

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Request For Proposal

CONTENTS
Volume I: Request for Proposal

SECTION: 1 Introduction
SECTION: 2 Instructions To Bidders
SECTION: 3 Criteria for Evaluation of Bids
SECTION: 4 Fraud And Corrupt Practices
SECTION: 5 Pre-Bid Conference
SECTION: 6 Miscellaneous
SECTION: 7 Terms of Reference
SECTION: 8 Annexure ( I – XVI)
Volume 2 Draft Service Agreement

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DISCLAIMER
1. The information contained in this Request for Proposal document (the “RFP) or
subsequently provided to Bidder(s), whether verbally or in documentary or in any other
form by or on behalf of Project Implementation Unit (referred as “PIU”) or any of its
employees or advisors, is provided to the Bidder(s) on the terms and conditions set out
in this RFP and such other terms and conditions subject to which such information is
provided.
2. This RFP document contains brief information about the Consultancy services
f o r Architecture Design & other allied Engineering design services regarding
construction of hospitals, Colleges, hostel, staff quarters, CHC, PHC, Sub centre related
to health care facilities by the successful bidder/consultant selected through the
competitive bidding process, qualification requirements and the selection process
for the successful bidder. The purpose of this RFP Document is to provide Bidders
with information that may be useful to them in the formulation of their bid and for no
other purpose.
3. This RFP is not an agreement and is neither an offer nor invitation by PIU to the
prospective Bidders or any other person but is merely informatory in nature creating no
obligation whatsoever. The terms on which the Project is to be developed and the right
of the successful Bidder/applicant shall be as set out in separate definitive agreement to
be entered into by the concerned parties later .The purpose of the RFP is to provide
interested parties with information that may be useful to them in making their proposal
including financial offers (the “Bid”) pursuant to this RFP. This RFP includes statements,
which reflect various assumptions and assessments arrived at by PIU in relation to the
Project. Such assumptions, assessments and statements do not purport to contain the
information that each Bidder may require. This RFP may not be appropriate for all
persons, and it is not possible for PIU, its employees or advisors to consider the
investment objectives, financial situation and particular needs of each party who reads or
uses this RFP. The assumptions, assessments, statements and information contained in
this RFP, may not be complete, accurate, adequate or correct. Each Bidder should,
therefore, conduct its own investigations and analysis and should check the accuracy,
adequacy, correctness, reliability and completeness of the assumptions, assessments,
statements and information contained in this RFP and obtain independent advice from
appropriate sources. This RFP is being made available by PIU to the interested
parties on the terms set out in this RFP. The possession or use of this RFP in any
manner contrary to any applicable law is expressly prohibited. The Bidders shall inform
themselves concerning, and shall observe any applicable legal requirements. The
information does not purport to be comprehensive or to have been independently
verified. Nothing in this RFP shall be construed as legal, financial or tax advice.
4. Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of

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which depends upon interpretation of law. The information given is not an exhaustive
account of statutory requirements and should not be regarded as complete or
authoritative statement of law. PIU, its employees and advisors accepts no
responsibility for the accuracy or otherwise for any interpretation or opinion on law
expressed herein.
5. Neither the information in this RFP nor any other written or oral information in relation to
the selection process of the Bidder for implementing the Project or otherwise is intended
to form the basis of or the inducement for any investment activity or any decision to enter
into any contract or arrangement in relation to the Project and should not be relied as
such.
6. PIU, its employees and advisors make no representation or warranty and shall have no
liability to any person, including any Bidder under any law, statute, rules or
regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss,
damages, cost or expense which may arise from or be incurred or suffered on account of
anything contained in this RFP or otherwise, including the accuracy, adequacy,
correctness, completeness or reliability of the RFP and any assessment, assumption,
statement or information contained therein or deemed to form part of this RFP or arising
in any way in relation to the bidding process.
7. PIU, its employees and advisors also accept no liability of any nature whether
resulting from negligence or otherwise, howsoever caused, arising from reliance of any
Bidder upon the statements contained in this RFP.
8. PIU may in its absolute discretion, but without being under any obligation to do so,
update, amend or supplement the information, statement, assessment or assumptions
contained in this RFP.
9. Intimation of discrepancies in the RFP document, if any, should be given to the office of
the PIU immediately by the bidder. If no written communication is received by PIU, it
shall be deemed that the Bidders/applicants are satisfied that the RFP document is
complete in all respects.
10. The issuance of this RFP does not in any way imply that PIU is bound to select a
Bidder or to appoint the Preferred Bidder /Consultant for the Project. PIU reserves the
right, in its sole discretion, to accept or reject any or all of the bidders or bids without
assigning any reasons thereof.
11. The Bidder shall bear all its costs associated with or relating to the preparation and
submission of its Bid including but not limited to preparing, copying, postage, delivery
fees, expenses associated with any demonstrations or presentations which may be
required by PIU or any other costs incurred in connection with or relating to its Bid. All
such costs and expenses will remain with the Bidder and PIU shall not be liable in
any manner whatsoever for the same or for any other costs or expenses incurred by any
Bidder in preparation or submission of the Bid, regardless of the conduct or outcome of
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the bidding process.


12. Nothing in this RFP shall constitute the basis of a contract which may be concluded in
relation to the Project nor shall such documentation/information be used in construing
any such contract. Each Bidder must rely on the terms and conditions contained in any
contract, when, and if, finally executed, subject to such limitations and restrictions which
may be specified in such contract.
13. The Bidders are prohibited from any form of collusion or arrangement in an attempt to
influence the selection and award process of the Bid. Giving or offering of any gift, bribe
or inducement or any attempt to any such act on behalf of the Bidder towards any
officer/employee of PIU or to any other person in a position to influence the decision of
the PIU for showing any favor in relation to this RFP or any other contract, shall render
the Bidder to such liability/penalty as the PIU may deem proper, including but not limited
to rejection of the Bid of the Bidder and forfeiture of its Bid Security.
14. Laws of the Republic of India are applicable to this RFP.

15. Bid Due Date is considered as Last Date of Submission of Tender online.
16. Submission of Tender Fee and EMD in original during office hours within 7 (seven) days
from the last date of opening of the tender in the office of the PIU, Gandhinagar. The
exemption certificates of EMD will not be considered. The EMD are to be paid as per
provisions of tender document. Submission of Tender Fee, EMD & Other Required
Documents / Pre Qualifications Documents shall be submitted online (documents shall
have to be scanned & put up online). The original documents like tender fee and EMD
shall have to be submitted within 7 days through R.P.A.D./speed post only. The physical
submission of Tender Fee & EMD is not received in time as shown in bid documents,
they will be banned for submitting tenders of PIU in future and recommend the
appropriated authority to cancel their registration and cancelling tendering code. The
documents related to Pre-Qualification and Other Required Documents shall be
submitted online on “www.nprocure.com”for evaluation. Hard copies of documents in
this regards shall not be accepted by PIU.

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SECTION - 1: INTRODUCTION

1.1 BACKGROUND
1.1.1 Project Implementation Unit (PIU) is established for development of infrastructure in
Health Sector in the State of Gujarat. It functions under Health Commissionerate in Health
& Family Welfare Department, Gandhinagar. PIU deals with construction and
maintenance of all healthcare structures such as Civil Hospitals, Medical Colleges, District
/ Sub Districts Hospitals, Community Health Centers, Primary Health Center, Sub Center
etc. including Staff Quarters & Hostels buildings.
1.1.2 PIU envisions constructing a state of the art Medical Colleges and Hospital across the
state of Gujarat and developing infrastructure needs of the Health care facilities.

1.1.3 It is intended to empanelment of consultancy services for Architecture and allied


Engineering design works for various Districts of Gujarat. The work mainly related to
health care facilities such as Hospitals, College building, Hostel buildings High Rise
Buildings and other health care facilities.

1.1.4 PIU intends to empanelment of consultancy services for Architecture and allied
Engineering design works in terms of the specifications and performance standards as
set out in the Service Agreement (“Project”), through transparent and competitive
bidding process. The Authority invites sealed Bids comprising Technical Bid and
Price Bid from interested Bidders for empanelment of consultancy services for
Architecture Works.

1.1.5 The scope of work (Terms of Reference) for the Project has been defined in Section 7 of
this RFP document. However, it shall broadly include:
a) Architectural Design of various building related to health care facilities.
b) Structural Design, Electrical Design and other designing of MEP services
c) production of “good for construction” drawings.
d) Assistance in procurement of all required approvals as necessary for the
development of the project facility.

1.1.6 A Bidder can be a company/ partnership firm/other legal entity incorporated/established


as per the applicable laws of the country of its origin. Joint venture or consortium is not
allowed for participation and the bid of Consortium will lead to rejection of its proposal.
1.1.7 The Contract Agreement (hereinafter referred to as the “Service Agreement”) to be

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entered into between PIU and the selected Consultant/Bidder is enclosed as a part of the
Bid document. The draft Service Agreement, enclosed as Volume 2 hereof, sets forth
the detailed terms and conditions for procurement of the services of the
Consultant/Bidder, including the scope of the services and obligations of the
Consultant/Bidder.

1.1.8 The statements and explanations contained in this RFP are intended to provide a proper
understanding to the Bidders about the subject matter of this RFP and should not be
construed or interpreted as limiting in any way or in any manner the scope of services
and obligations of the Consultant/Bidder set forth in the Draft Service Agreement or the
Authority’s rights to amend, alter, change, supplement or clarify the scope of work, the
Contract to be awarded pursuant to this RFP or the terms thereof or herein contained.
Consequently, any omissions, conflicts or contradictions in the Bidding Documents
including this RFP are to be noted, interpreted and applied appropriately to give effect to
this intent, and no claims on that account shall be entertained by the Authority.
1.1.9 The Authority shall receive Bids pursuant to this RFP in accordance with the terms and
conditions set forth herein and other documents as provided by the Authority pursuant to
this RFP and as modified, altered, amended and clarified from time to time by the
Authority (collectively the "Bidding Documents"). All the Bids shall be prepared and
submitted in accordance with such prescribed terms and conditions on or before the
date specified in clause 1.3 of this RFP for submission of Bids (the “Bid Due Date”)
1.1.10 A complete set of proposal documents may be obtained by any interested eligible agency
on the submission of a written application to the above office or can be downloaded from
the web site (www.nprocure.com). The completed document shall be submitted
physically through RPAD / Speed Post within stipulated time limit.

1.2 BRIEF DESCRIPTION OF THE BIDDING PROCESS


1.2.1 PIU invites sealed Technical Bid and Price Bids from interested bidders for
Empanelment of Consultancy Services for Architectural & Engineering Design Services
for Health Care Facilities. The Authority has adopted a single-stage process (referred
to as the "Bidding Process") for selection of the Preferred Bidder/Consultant for
undertaking the Project in terms hereof. The Technical Bid to be submitted by
bidders shall comprise Technical and Financial Capability documents and other
requirements like power of attorney. The Financial Bids of only those bidders who
qualify in the Technical Bid evaluation shall be opened for selecting the Preferred
Bidder/Consultant. The Technical Bid would be evaluated based on the criteria set
forth in Clause 2.2 of the RFP. Only those Bidders, whose Technical Bids qualify in
terms hereof and described in Section 3 will be eligible for opening and evaluation of
their Price Bids.
1.2.2 This RFP document contains information about the Project, Bidding Process, Bid

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submission, Qualification and Financial Proposal requirements.


1.2.3 The Bid shall be valid for a period of not less than 120 days from the Bid Due Date.
1.2.4 Tender fee for this work is Rs.3,600/- (Rupees three thousand six hundred only) in
favour of “PIU-General Fund A/c 11-114” payable at Gandhinagar” in form of Demand
Draft (D. D.) of Nationalized / Scheduled bank only.
1.2.5 A Bidder is required to deposit, along with its Bid, a bid security equivalent to an
amount of Rs. 2,00,000/- (Rupees Two Lacs only) as EMD for this work in favour of
“PIU-General Fund A/c 11-114” payable at Gandhinagar” in form of fixed deposit (FDR)
valid for two year of Nationalized / Scheduled bank only which is refundable not later
than 180 (one hundred eighty) days from the date of completion of contract. The Bid
Security shall be refundable to unsuccessful bidders not later than 180 (one hundred
and eighty) days from the Bid Due Date except in the case of the Preferred Bidder
who’s Bid Security shall be converted into the Performance Security under the
Service Agreement. The Bidders will provide Bid Security in the form of a of
Fixed Deposit in valid for one year in any Nationalized/Scheduled Bank, as more
particularly provided under clause 2.15 acceptable to the Authority. The Bid shall
be summarily rejected if it is not accompanied by the Bid Security.

Submission of Tender Fee and EMD in original during office hours within 7
(seven) days from the last date of opening of the tender in the office of the PIU,
Gandhinagar. The exemption certificates of EMD will not be considered. The
EMD are to be paid as per provisions of tender document. Submission of Tender
Fee, EMD & Other Required Documents / Pre Qualifications Documents shall be
submitted online (documents shall have to be scanned & put up online). The
original documents like tender fee and EMD shall have to be submitted within 7
days through R.P.A.D./speed post only. The physical submission of Tender Fee
& EMD is not received in time as shown in bid documents, they will be banned
for submitting tenders of PIU in future and recommend the appropriated
authority to cancel their registration and cancelling tendering code. The
documents related to Pre-Qualification and Other Required Documents shall be
submitted online on “www.nprocure.com”for evaluation. Hard copies of
documents in this regards shall not be accepted by PIU. Any document, required
as per the PQ Criteria, not uploaded online shall be considered as “Document
Not Submitted” and evaluation shall be carried out accordingly, the document
shall not be asked from the bidder subsequently, please note. Remarks:-
Tenderer shall submit their offer in electronic format on website, after digitally
signing the same. Offers which are not digitally signed will not be accepted. No
offer in physical form will be accepted and any such offer if received by PIU,
Gandhinagar will be outright rejected.

1.2.6 The technically qualified Bidder quoting lowest Consultancy Fee shall be the Preferred
Bidder/Consultant. The Authority shall offer the lowest bidder rate to all the Bidder

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and those consultants who show their willingness to work at the lowest bidder will be
included in the panel and shall be selected as the Preferred Bidder/Consultant. If
lowest fee quoted seems to be unreasonable, than, PIU may, in its sole discretion,
invite fresh bids from all bidders or annul the bidding process, as the case may be.
1.2.7 A Service Agreement will be entered between the Authority and the Bidders/
Consultants for undertaking the Project. The Bidding Documents includes the draft
Service Agreement for the Project as Volume 2. Subject to the provisions of Clause
2.8.3, the aforesaid documents and any addenda issued subsequent to this RFP
Document, but before the Bid Due Date, will be deemed to form part of the Bidding
Documents.
1.2.8 Any award of Contract pursuant to the Bidding Process shall be subject to the terms
and conditions of Bidding Documents. Further, the Bidders/Consultants shall open a
Office in Gujarat within 01 (one) week of signing of the agreement.
1.2.9 Any queries or request for additional information concerning this RFP shall be
submitted in writing or by fax and e-mail before pre-bid meeting date. The envelopes/
communication shall clearly bear the following identification/ title:
"Queries/Request for Additional Information: RFP for
“Empanelment of Consultancy Services for Architectural &
Engineering Design Services for Health Care Facilities".

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1.3 SCHEDULE OF BIDDING PROCESS


PIU shall endeavor to adhere to the following bidding schedule:

DATE TIME

Bid Document Downloading Start Date 10/10/2019 ---

Pre bid Meeting on 19/10/2019 12.00 Hrs.

Venue of Pre bid Meeting Project Implementation Unit,

4th Floor, PIU/RDD/NHM Building,

Civil Hospital Compound,

Sector-12, Gandhinagar – 382 012.

Deadline for submission of Pre Bid Query 19/10/2019 18.00 Hrs.

Bid Document Downloading End Date 13/11/2019 18.00 Hrs.

Last Date of Submission of bid online (Bide Due Date) 13/11/2019 18.00 Hrs.

Last Date of submission of Documents in 20/11/2019 18.00 Hrs.

Physical form

Opening date of Technical Offers 14/11/2019 12.00 Hrs.

Notification of award to the selected tenderer To be ---

intimated later

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SECTION 2. INSTRUCTIONS TO BIDDERS

A. GENERAL

2.1 GENERAL TERMS OF BIDDING


2.1.1 A Bidder is eligible to submit only one Bid. A Bidder bidding individually shall not be
entitled to submit another bid either individually or as a member of any other company,
as the case may be.
2.1.2 Notwithstanding anything to the contrary contained in this RFP, the detailed terms of the
draft Service Agreement shall have overriding effect and shall prevail over the terms of
this RFP to the extent of any repugnancy between them; provided, however, that any
conditions or obligations imposed on the Bidder hereunder shall continue to have effect
in addition to its obligations under the draft Service Agreement.
2.1.3 The Financial Bid shall be furnished online clearly indicating the amount of Consultancy
Fee payable to the Bidder/Consultant by PIU in both figures and words, in Indian
Rupees, and signed by the Bidder’s authorized signatory.
2.1.4 The Bidder shall deposit a Bid Security of Rs. 2 , 0 0,000/- (Rupees Two Lacs only) in
accordance with the provisions of this RFP. The Bidder shall provide the Bid Security as
per the form specified in clause 2.15 of this RFP.
2.1.5 The Bidder shall submit a copy of the RFP document, along with any amendments, duly
stamped and signed by its authorized signatory. The Bidder shall submit a Power of
Attorney as per the format at Annexure VII, authorizing the signatory of the Bid to
commit the Bidder.
2.1.6 Any entity (single bidder or all members of the company) which has been barred by the
Central/ State Government, or any entity controlled by it, from participating in any project
(Consultancy or otherwise), and the bar subsists as on the date of bidding, would not be
eligible to submit a Bid. A Bidder including any Associate should, in the last 3 (three)
years, have neither failed to perform on any contract, as evidenced by imposition of a
penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration
award against the Bidder, or Associate thereof, as the case may be, nor has been
expelled from any project or contract by any public entity nor have had any contract
terminated by any public entity for breach by such Bidder, or Associate thereof.
2.1.7 Any condition or qualification or any other stipulation contained in the Bid shall render
the Bid liable to rejection as a non-responsive Bid.
2.1.8 The Bid and all communications in relation to or concerning the Bidding Documents and
the Bid shall be in English language.
2.1.9 The Bidding Documents including this RFP and all attached documents are and shall
remain the property of the Authority and are transmitted to the Bidders solely for the

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purpose of preparation and the submission of a Bid in accordance herewith. Bidders are
to treat all information as strictly confidential and shall not use it for any purpose other
than for preparation and submission of their Bid. The provisions of this Clause 2.1.9 shall
also apply mutatis mutandis to Bids and all other documents submitted by the Bidders,
and the Authority will not return to Bidders any Bid or any information provided along
therewith.
2.1.10 A Bidder shall not have a conflict of interest (the “Conflict of Interest”) that affects the
Bidding Process. Any Bidder found to have a Conflict of Interest shall be disqualified. In
the event of disqualification, Authority shall forfeit and appropriate the Bid Security or
Performance Security (in case of Preferred bidder, after the Project is awarded to him) ,
as the case may be, as mutually agreed genuine pre-estimated loss and damage likely
to be suffered and incurred by the Authority and not by way of penalty for, inter alia, the
time, cost and effort of Authority, including consideration of such Bidder’s proposal,
without prejudice to any other right or remedy that may be available to the Authority
hereunder or/and the Authorization Agreement or otherwise. Without limiting the
generality of the above, a Bidder shall be considered to have a Conflict of Interest that
affects the Bidding Process, if:
(i) the Bidder, its Member or Associate (or any constituent thereof) and any other
Bidder, its Member or any Associate thereof (or any constituent thereof) have
common controlling shareholders or other ownership interest; provided that this
disqualification shall not apply in cases where the direct or indirect shareholding
of a Bidder, its Member or an Associate thereof (or any shareholder thereof
having a shareholding of more than 5% (five per cent) of the paid up and
subscribed share capital of such Bidder, Member or Associate, as the case may
be) in the other Bidder, its Member or Associate, is less than 5% (five per cent)
of the subscribed and paid up equity share capital thereof; provided further that
this disqualification shall not apply to any ownership by a bank, insurance
company, pension fund or a public financial institution referred to in section 4A
of the Companies Act, 1956. For the purposes of this Clause 2.1.10 indirect
shareholding held through one or more intermediate persons shall be computed
as follows: (aa) where any intermediary is controlled by a person through
management control or otherwise, the entire shareholding held by such
controlled intermediary in any other person (the “Subject Person”) shall be
taken into account for computing the shareholding of such controlling person in
the Subject Person; and (bb) subject always to sub-clause (aa) above, where a
person does not exercise control over an intermediary, which has shareholding
in the Subject Person, the computation of indirect shareholding of such person
in the Subject Person shall be undertaken on a proportionate basis; provided,
however, that no such shareholding shall be reckoned under this sub-clause
(bb) if the shareholding of such person in the intermediary is less than 26% of
the subscribed and paid up equity shareholding of such intermediary; or
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(ii) a constituent of such Bidder is also a constituent of another Bidder; or

(iii) such Bidder or any Associate thereof receives or has received any direct or
indirect subsidy, grant, concessional loan or subordinated debt from any other
Bidder, its Member or Associate, or has provided any such subsidy, grant,
concessional loan or subordinated debt to any other Bidder, its Member or any
Associate thereof; or
(iv) such Bidder has the same legal representative for purposes of this Bid as any
other Bidder; or
(v) such Bidder or any Associate thereof has a relationship with another Bidder, or
any Associate thereof, directly or through common third parties, that puts them in
a position to have access to each others’ information about, or to influence the
Bid of either or each of the other Bidder.
(vi) such Bidder has participated as a consultant to Authority in the preparation of
any documents, design or technical specifications of the Project; or
(vii) the bidder has engaged the services of any employee of PIU or of any
individual who is in a position to influence any employee/officer/consultant of
PIU prior or during the tenure of the Service Agreement

2.1.11 Not Used

2.1.12 A Bidder shall be liable for disqualification and forfeiture of Bid Security if any legal,
financial or technical adviser of the Authority in relation to the Project is engaged by the
Bidder in any manner for matters related to or incidental therewith to such Project during
the Bidding Process or subsequent to the (i) issue of the L etter of Acceptance (LOA)
or (ii) execution of the Service Agreement. In the event any such adviser is engaged by
the Preferred Bidder or Consultant, as the case may be, after issue of the LOA or
execution of the Service Agreement for matters related or incidental to the Project, then
notwithstanding anything to the contrary contained herein or in the LOA or the
Service Agreement and without prejudice to any other right or remedy of the
Authority, including the forfeiture and appropriation of the Bid Security or
Performance Security, as the case may be, which the Authority may have there under
or otherwise, the LOA or the Service Agreement, as the case may be, shall be liable to
be terminated without the Authority being liable in any manner whatsoever to the
Preferred Bidder/Consultant for the same. For the avoidance of doubt, this
disqualification shall not apply where such adviser was engaged by the Bidder, its
Member or Associate in the past but its assignment expired or was terminated
6 (six) months prior to the date of issue of RFP for the Project. Nor will this
disqualification apply where such adviser is engaged after a period of 3 (three) years
from the date of commercial operation of the Project.

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2.1.13 This RFP is non- transferable.


2.1.14 Any award of contract pursuant to this RFP shall be subject to the terms of Bidding
Documents.

2.2 Eligibility of Bidders


2.2.1 A Bidder can be a company/ partnership firm/other legal entity incorporated/established
as per the applicable laws of the country of its origin.
a. The bidder must be incorporated for at least 05 years prior to the bid due date /
bid submission date.
2.2.2 The Bidder shall provide all the information sought under this RFP in the two envelope
format. The Authority will evaluate only those Financial Bids that conform to the
requirement of first envelope (Technical Bid) and that are received in the required
formats complete in all respects. The Bidder shall submit the Bid in two separate
envelopes marked as Technical Bid and Financial Bid respectively. The two envelopes
marked as Technical Bid and Financial Bid respectively, shall be placed inside the
outer envelope marked in terms hereof.
Qualification Criteria: The first step of the bidding process involves qualification (the
“Qualification”) of interested parties who make a Bid in accordance with the provisions
of this RFP. The Bidders whose Bids are adjudged responsive in accordance with
requirements of this RFP shall only be considered for Bid evaluation. The Technical
Bids of those Bidders whose Bids are adjudged responsive in accordance with
requirements of this RFP shall be evaluated in two parts as set forth below:
a. Technical Criteria:
i. The Bidder must have been rendering Architectural Consultancy service in
same name and style for last 3 (Three years).
ii. The Bidder must have the experience of Architectural Design of at least 01
(One) Government/private hospital building having similar nature of work.

Similar Work means : For the above purposes means permanent hospital
buildings with all building and interiors works including but not limited to all
services, utilities, electrical, Mechanical-Electrical-Plumbing Services etc.

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iii. Experience in preparation of Architectural Design for at least two major


building projects during past five years of built-up area of building not less
than 5000 sqmt. in each case.

OR

Experience in preparation of Architectural Design for at least one major


building projects during past five years of built-up area of building not less
than 8000 sqmt.

iv. Consultant should have adequate experience in Architectural design work.


The consultancy work could be for number of building projects. But in any
case the cumulative value of projects should not be less than Rs. 50 Crore
during last 05 (Five) years.

v. The consulting firm can be a company/ partnership firm/proprietor or other legal


entity incorporated/established as per the applicable laws of the country of its
origin. The owner or one of the key personnel must have valid registration from
Council of Architecture, New Delhi, India.

vi. Firm shallnot black listed and debarred by Government, Semi Government,
Boards and Corporations at the time of submission of tender. Self attested
confirmation in this regard should be submitted as per attached Annexure-
XVII.

vii. Bidder must have on its payroll at least :

a. 01 (One) Bachelor of Architect having minimum of 5 years of


relevant experience and have handled large size projects.
b. 02 (two) Bachelor of Architect having minimum 03 years experience
or Diploma Architect having minimum of 07years of relevant
experience and have handled large size projects.
c. 01(one) ME (structure) with 7 years of relevant experience and must
have handled structural design of high rise building.
d. 02(Two) BE (Civil) having minimum of 10 years of relevant experience
and must have knowledge of building construction, estimation,
AutoCAD.
e. 01(one) BE (Civil) for Sanitary and Plumbing services having
minimum of 5 years of relevant experience.
f. 01 (one) BE (Electrical) having minimum of 5 years of relevant
experience and have handled high rise projects equipped with lift, fire
fighting system, HVAC and substation for electrical power.
c. 06(six) Draftsman having 03 years of relevant experience

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The bidder has to submit bio data, degree certificate, experience certificate
and self attested certificate of employee that presently he is working in
bidders company.

And
b) Financial Criteria:
Turnover: Minimum average annual turn-over for last 3 years should be at least
Rs 20 Lacs (Rupees Twenty Lacs only)

The bidder shall furnish following documentary evidence:


Copies of work orders
Work completion certificates
TDS certificate/ CA certificate is mandatory in case of industry or reputed
organizations other than Government/ Government Educational Institutes /
Universities / Public Sector/ Government Research organizations. References
and certificates from various organizations to be signed by an officer not below
the rank of Executive Engineer /Under Secretary in case of Govt. Department,
and General Manager in case other case.

Turnover shall mean gross sales or gross revenue, as defined by the Indian Accounting
Standards published by the Institute of chartered Accountants of India (ICAI).

Applicants should, in their own interest, furnish complete documentary evidence in support
of the legal status of the firm, copies of work orders, work completion certificates,
experience certificate of personnel, TDS certificates, and Balance sheets and Profit and
Loss accounts statement audited by Chartered Accountant in support of their eligibility.

2.2.3 Litigation History: The Bidder should provide accurate information about any litigation
or arbitration resulting from contracts completed or ongoing under its execution over the
last five years. A history of award(s) against the Bidder will result in summary rejection of
the Bid. Suppression of any information or material in this regard would be construed as
a fundamental breach and the Authority reserves its right to take appropriate action
including rejection/disqualification of the Bid, forfeiture of Bid Security etc. as may be
deemed fit and proper by the Authority at any time without requiring giving any notice to
the Bidder in this regard.
2.2.4 Bidders shall provide such evidence of their continued eligibility criteria fulfillment in
terms hereof to the Authority at the time of online submission of Bid.

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2.2.5 Deleted
2.2.6 The following conditions shall be adhered to by the Bidder while submitting the Bid:
(i) Bidders shall attach clearly marked and referenced continuation sheets in
the event of the space provided in the prescribed forms in the Annexure
being insufficient. Alternatively, Bidders may format the prescribed forms,
making due provision for incorporation of the requested information;
(ii) information supplied by a Bidder must apply to the Bidder or constituent
member named in the Bid and, unless not specifically requested, to
other associated companies or firms.

.
2.3 Number of Bids
A Bidder is eligible to submit only one Bid. In case the aforesaid is not conformed to, the
Authority shall reject all the Bids of which the defaulting Bidder is a party. No change in
the composition of the company shall be permitted after the Bid Due Date. In the event a
change in composition of the Company occurs after the Bid Due Date, the Authority
shall be entitled to disqualify the Bidder or withdraw the Letter of Acceptance (LOA)
from the selected Bidder, or terminate the Service Agreement, as the case may be and
forfeit and appropriate the Bid Security or Performance Security, as the case may be
2.4 Bid and other costs
The Bidders shall be responsible for all costs associated with the preparation of their
Bids and their participation in the Bid. The Authority will not be responsible or in any way
liable for such costs, regardless of the conduct or outcome of the Bidding Process.
2.5 Site visit and verification of information
2.5.1 It shall be deemed that by submitting the Bid, the Bidder has:

a. made a complete and careful examination of the Bid document including draft
Service Agreement;
b. received all relevant information requested from PIU;
c. accepted the risk of inadequacy, error or mistake in the information provided in
the Bid document or furnished by or on behalf of PIU relating to any of the
matters referred to in Clause 2.5 above; and
d. Satisfied itself about all matters, things and information including matters referred
to in Clause 2.5 hereinabove necessary and required for submitting an informed
Bid, execution of the Project in accordance with the Bidding Documents and
performance of all of its obligations there under.
e. acknowledged and agreed that inadequacy, lack of completeness or incorrectness

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of information provided in the Bidding Documents or ignorance of any of the


matters referred to in Clause 2.5 hereinabove shall not be a basis for any claim
for compensation, damages, extension of time for performance of its obligations,
loss of profits etc. from the Authority, or a ground for termination of the Service
Agreement by the selected Bidder.
f. acknowledged that it does not have a Conflict of Interest; and
g. agreed to be bound by the undertakings provided by it under and in terms hereof.
2.5.2 PIU shall not be liable for any omission, mistake or error in respect of any of the
above or on account of any matter or thing arising out of or concerning or relating to the
Bid document or the Bidding Process, including any error or mistake therein or in any
information or data given by PIU.
2.5.3 The Bidder shall also submit an affidavit acknowledging Clause 2.5.1 & 2.5.2.

B. DOCUMENTS
2.6 Contents of the RFP
This RFP comprises the disclaimer set forth hereinabove, the contents as listed below,
and will additionally include any Addenda issued in accordance with Clause 2.8.

Invitation for Proposal

Volume I: Request for Proposal

SECTION: 1 Introduction
SECTION: 2 Instructions To Bidders
SECTION: 3 Criteria for Evaluation of Bids
SECTION: 4 Fraud And Corrupt Practices
SECTION: 5 Pre-Bid Conference
SECTION: 6 Miscellaneous
SECTION: 7 Terms of Reference
SECTION: 8 Annexure (I – XVIII)

Volume 2 Draft Service Agreement

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2.7 Clarifications
2.7.1 Bidders requiring any clarification on the RFP may notify PIU in writing or by fax or e-
mail in accordance with Clause 1.2.8. They should send in their queries before the pre-
bid meeting date specified in the schedule of Bidding Process contained in Clause
1.3. PIU shall endeavor to respond to the queries within the period specified therein, but
no later than 5 (five) days prior to the Bid Due Date.
2.7.2 PIU shall endeavor to respond to the questions raised or clarifications sought by the
Bidders. However, PIU reserves the right to not respond to any question or provide
any clarification, in its sole discretion, and nothing in this Clause shall be taken or read
as compelling or requiring PIU to respond to any question or to provide any
clarification. PIU shall not take any responsibility for postal or any other delay in
response.
2.7.3 PIU may also on its own motion, if deemed necessary, issue interpretations and
clarifications to all Bidders. All clarifications and interpretations issued by PIU shall be
deemed to be part of the RFP. Verbal clarifications and information given by Authority or
its employees or representatives shall not in any way or manner be binding on PIU.
2.8 Amendment of RFP
2.8.1 At any time prior to the deadline for submission of RFP, Authority may, for any reason,
whether at its own initiative or in response to clarifications requested by a Bidder, modify
the RFP by the issuance of Addenda.
2.8.2 Any Addendum thus issued will be uploaded on website.
2.8.3 In order to afford the Bidders a reasonable time for taking an Addendum into account, or
for any other reason, Authority may, at its own discretion, extend the Bid Due Date.
2.9 Right to accept and to reject any or all Bids
2.9.1 Notwithstanding anything contained in this RFP, the Authority reserves the right to
accept or reject any Bid and to annul the Bidding Process and reject all Bids at any time
without any liability or any obligation for such acceptance, rejection or annulment, and
without assigning any reasons thereof.
2.9.2 The Authority reserves the right to reject any Bid and appropriate the Bid Security if:
(a) At any time, a material misrepresentation is made or uncovered, or
(b) The Bidder does not provide, within the time specified by the Authority, the
supplemental information sought by the Authority for evaluation of the Bid. Such
misrepresentation/ improper response shall lead to the disqualification of the
Bidder. If such disqualification / rejection occurs after the Bids have been opened
and the Preferred Bidder gets disqualified / rejected, then the Authority reserves
the right to:

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(i) Invite the remaining Bidders to submit Bids; or


ii) Take any such measure as may be deemed fit in the sole discretion of the
Authority, including annulment of the Bidding Process.
2.9.3 In case it is found during the evaluation or at any time before signing of the Service
Agreement or after its execution and during the period of subsistence thereof, that one
or more of the qualification conditions have not been met by the Preferred Bidder or the
Preferred Bidder has made material misrepresentation or has given any materially
incorrect or false information, the Bidder shall be disqualified forthwith if not yet
appointed as the Consultant either by issue of the Letter of Acceptance (referred as
“LOA”) or entering into of the Service Agreement, and if the Bidder has already been
issued the LOA or has entered into the Service Agreement, as the case may be, the
same shall, notwithstanding anything to the contrary contained therein or in this RFP, be
liable to be terminated, by a communication in writing by the Authority to the
Preferred Bidder, without the Authority being liable in any manner whatsoever to the
Preferred Bidder or Appointed Consultant, as the case may be. In such an event, the
Authority shall forfeit and appropriate the Bid Security or Performance Security, as
the case may be, as compensation and damages payable to the Authority for, inter
alia, time, cost and effort of the Authority, without prejudice to any other right or remedy
that may be available to the Authority.
2.9.4 The Authority reserves the right to verify all statements, information and documents
submitted by the Bidder in response to the RFP or the Bidding Documents and the
Bidder shall, when so required by the Authority, make available all such information,
evidence and documents as may be necessary for such verification. Any such
verification or lack of such verification, by the Authority shall not relieve the Bidder of its
obligations or liabilities hereunder nor will it affect any rights of the Authority there under.

C. PREPARATION AND SUBMISSION OF BID


2.10 Language
The Bid and all related correspondence and documents in relation to the Bidding
Process shall be in English language. Supporting documents and printed literature
furnished by the Bidder with the Bid may be in any other language provided that they are
accompanied by appropriate translations in the English language. Supporting materials,
which are not translated into English, may not be considered. For the purpose of
interpretation and evaluation of the Bid, the English language translation shall prevail.
2.11 Documents comprising the Bid
2.11.1 The bids shall be submitted online.

2.12. Financial Proposal/ Bid Variable/ Price Bid

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2.12.1 The Bidder shall quote in its Price Bid in terms of Sq.mt of built up area based Fee
payable for all the services as per the RFP document and the terms of reference as
detailed out and provided.

2.13 Currencies of Bid and Payment


2.13.1 The Bidder shall quote the Price Bid amount in its Price Bid, in Indian Rupees
2.13.2 All payments to be made to the Bidders in terms hereof, including advances, if any,
shall be made in Indian Rupees.
2.14. Bid Validity
2.14.1 Bids shall remain valid for a period of 120 days (one hundred twenty days) after the Bid
Due Date (herein the “Bid Validity Period”) specified in Clause 2.19. A Bid having
lesser validity period than the prescribed Bid Validity Period shall be summarily rejected
by the Authority as non-responsive.
2.14.2 Prior to expiry of the Bid Validity Period, the Authority may request the Bidders to extend
the Bid Validity Period for a specified additional period. The request and the responses
thereto shall be made in writing or by fax. A Bidder may refuse such request for
extension of bid validity period without being liable for forfeiture of its Bid Security. A
Bidder agreeing to the request will not be required or permitted to modify its bid but will
be required to extend the validity of its Bid Security for the period of the extended bid
validity period, in compliance with Clause 2.15 in all respects.
2.14.3 The contract period for the said services will be initially for two year. However, PIU may
go for further extension of one more year as mutually agreed on the same terms &
conditions depending on the performance of the consultant.
2.15. Bid Security
2.15.1 The Bidder shall furnish, as part of its Bid, a Bid Security equivalent to an amount of Rs
2,00,000 (Rupees T wo L a c s only) by way of a Fixed Deposit valid for one year on a
Scheduled /Nationalized Bank in favour of “PIU – General fund A/C – 11- 114”, and
payable at Gandhinagar” (“Bid Security”) refundable not later than 180 (one hundred
eighty) days from the Bid Due Date. The bid security of the Preferred Bidders will be
converted into a Performance Security under the Service Agreement.
2.15.2 Any Bid not accompanied by the Bid Security shall be summarily rejected by the
Authority as non- responsive.
2.15.3 Deleted.
2.15.4 The Bid Security of the Preferred Bidder will be converted into Performance Security
and signed, executed the Service Agreement.
2.15.5 The Bid Security shall be forfeited as Damages without prejudice to any other right or

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remedy that may be available to the Authority under the Bidding Documents and/ or
under the Service Agreement, or otherwise, under the following conditions:
a) If a Bidder submits a non-responsive Bid;
b) If the Bidder withdraws its Bid during the Bid Validity Period as specified in
this RFP and as extended by mutual consent of the respective Bidder(s)
and the Authority;
c) If the Bidder submits a conditional Bid which would affect unfairly the
competitive position of other Bidders who submitted substantially
responsive Bids.
d) If a Bidder engages in a corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice as specified in
Section 4 of this RFP;
e) If the Bidder does not accept the correction of errors in its Bid, pursuant to
Clause 2.26 hereof;
f) In the case of the Preferred Bidder, if the Bidder fails within the specified
time limit to
i) To sign and return the duplicate copy of LOA
ii) Sign the Authorization Agreement;.
g) any other conditions, with respect to the Bidder as well as the Preferred
Bidder, for which forfeiture of Bid Security has been provided under this
RFP.
2.16. Pre- Bid Meeting
2.16.1 The official representatives of the Bidders are invited to attend a Pre-Bid meeting which
will take place in the office of PIU, Gandhinagar at 12.00 Hours on __/__/___.
2.16.2 The purpose of the Pre- Bid meeting will be to clarify issues and to answer questions in
respect of the Project that may be raised at that stage.
2.16.3 The Bidder is requested to submit questions in writing or by cable/fax, to reach the
Authority at least 5 days before prior to the Pre-Bid meeting.

2.16.4 Minutes of the Pre-Bid meeting, including the text of the questions raised and the
responses given together with any response prepared after the meeting, will be
transmitted without delay to all the Bidders. Any modification of the bidding documents
listed in Clause 2.6 which may be considered necessary as a result of the pre-bid
meeting shall be made by PIU exclusively through the issue of an Addendum
pursuant to Clause 2.8 and not through the minutes of the pre-bid meeting.
2.16.5 Non-attendance at the pre-bid meeting will not be a cause for disqualification of a

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Bidder.
2.17. Format and Signing of Bid
2.17.1 The Bidder shall prepare two copies of the documents (one in original and one duplicate)
comprising the Bid as described in Clause 2.11 of Instructions to Bidders.
2.17.2 The Bid shall be typed or written in indelible ink and shall be signed by a person or
persons duly authorized to sign on behalf of the Bidder, pursuant to sub clause 2.1.5.
2.17.3 The Bid shall contain no alterations, omissions or additions, except those to comply with
instructions issued by the Authority, or as necessary to correct errors made by the
Bidder, in which case all such corrections shall be initialed by the person or persons
authorized to sign the Bid.

D. Submission of Bids
2.18. Sealing and Marking of Bids
2.18.1 Tenders shall be submitted On-Line in Electronic format only on On-Line website
www.nprocure.com till the date and time shown in timetable. Offer in physical form will not be
accepted in any case : The necessary documents of tender, i.e. Tender Fee, Earnest Money
Deposit shall be submitted in physical form on or before the date prescribed in the tender by
Registered Post (R.P.A.D) / Speed Post (official Indian Postal Service only) / to:

The Chief Engineer

Project Implementation Unit,

4th Floor, PIU/RDD/NHM Building,

Civil Hospital Compound, Sector-12,

Gandhinagar – 382 012.

Ph: (079) 23231434, 23231393, Fax: 23231995

E-mail: piusec10@yahoo.com

2.19. Deadline for Submission of Bids (Bid Due Date)


2.19.1 Bids must be received by the Authority at the address as mentioned in clause 2.11.3 on
or before __/__/____, upto 18.00 hrs (IST).
2.19.2 The Authority may, at his discretion, extend the deadline for submission of Bids by

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issuing an addendum in respect thereof.


2.19.3 In the event of specified date of Bid Due Date being declared a holiday for PIU, the
deadline for submission of Bid shall be the next working day.
2.20. Late Bids
2.20.1 Any Bid received by the Authority after the Bid Due Date and time prescribed in Clause
2.19 will be returned unopened to the Bidder.

2.21. Withdrawal of Bids


2.21.1 The Bidder may modify, substitute or withdraw its Bid after submission, provided that
written notice of the modification, substitution or withdrawal is received by the Authority
prior to the Bid Due Date. No Bid shall be modified, substituted or withdrawn by the
Bidder on or after the Bid Due Date.
2.21.2 The modification, substitution or withdrawal notice shall be prepared, sealed, marked,
and delivered in accordance with Clause 2.18, with the envelopes being additionally
marked “MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”, as appropriate.
2.21.3 Any alteration/ modification in the Bid or additional information supplied subsequent to
the Bid Due Date, unless the same has been expressly sought for by the Authority, shall
be disregarded.
E. Bid Opening and Evaluation
2.22 Opening of Technical Bid
2.22.1 The Authority will open the outer envelope of all the Bids received (except those
received late) containing the sealed Technical Bid and the sealed Financial Bid and
announce the names of (i) Bidders, and (ii) Bidders who have given notice for withdrawal
of their Bids in the presence of Bidders or their representatives who choose to attend on
the date and time mentioned in the RFP. In the event of specified date of Bid opening
being declared as a holiday for the Authority, the Technical Bid will be opened at the
appointed time and location on the next working day.
2.22.2 Bids for which acceptable notice of withdrawal has been submitted pursuant to Clause
2.21 shall not be opened and shall be returned.
2.22.3 Envelopes marked Technical Bid of other Bidders shall then be opened. Bidder’s names,
the presence/or absence of Bid Security, the amount and validity of Bid Security
furnished with each Bid and such other details, as the Authority may consider
appropriate will be announced by the Authority at the opening.

2.22.4 The Bidders or their representatives who are present shall sign attendance sheet
evidencing their attendance.
The sealed envelope containing the Financial Bid shall not be opened at this stage.

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2.23 Examination of Technical Bid and Determination of Responsiveness of the same


2.23.1 Prior to evaluation of Technical Bids, the Authority will determine whether the Bid is
accompanied by the required Bid Security.
2.23.2 If the Bid Security furnished does not conform to the amount and validity period as
specified in this RFP document and has not been furnished in the form specified in
clause 2.15, the Bid shall be rejected by the Authority as non -responsive.
2.23.3 Subject to confirmation of the Bid Security by the issuing bank, the Technical Bid
accompanied with valid Bid Security will be taken up for determination of responsiveness
of the Bid in terms hereof. In case, the Bank does not confirm the Bid Security, the Bid
shall be rejected as non-responsive and no further evaluation shall be carried out.
2.23.4 The Technical Bid will further be examined to determine whether the Bid has been
properly signed, meets the eligibility and qualification criteria in terms hereof, has the
required financial capabilities as set out in this RFP, is accompanied by the requisite
certificates, undertaking and other relevant information specified in this RFP document
and is substantially responsive to the requirement of the Bidding Documents and
provides any clarification for ascertaining the correctness of the information/details that
the Authority may require pursuant to Clause 2.28.
2.23.5 If the Technical Bid of any Bidder is not substantially responsive, the Bid of such Bidder
will be rejected by the Authority and the Bidder will not subsequently be allowed to make
its Bid responsive by correction or modification or withdrawal of the non-conforming
deviation or reservation.
2.23.6 The Authority shall inform, by fax, the Bidders, whose Technical Bid is found to be
responsive and who are shortlisted based on qualification criteria about the date, time
and venue of opening of Financial Bid. In the event of the specified date being declared
a holiday for the Authority, the Financial Bid will be opened at the appointed time and
location on the next working day.
2.23.7 The Financial Bids of those Bidders whose Technical Bids is determined to be non-
responsive or not substantially responsive pursuant to this Clause 2.23 will be returned
unopened to the Bidders.
2.24 Opening of Financial Bids
2.24.1 The Authority will open the envelope marked ‘Financial Bid’ of only those Bidders who’s
Technical Bids have been determined to be substantially responsive in accordance with
Clause 2.23 and have been evaluated in terms of Section 3 of this RFP and determined
to fulfill the qualification criteria as detailed out in clause 2.2, in presence of the Bidders
or their representatives who choose to attend on the date intimated to such Bidders. In
the event of specified date of Financial Bid opening being declared a holiday for The
Authority, the ‘Financial Bids’ shall be opened at the appointed time and location on the
next working day.
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2.24.2 Not Used.


2.24.3 The Bidders or their representatives who are present shall sign attendance sheet
evidencing their attendance.

2.25. Examination of Financial Bids and Determination of Responsiveness of Financial


Bid
2.25.1 PIU will determine responsiveness of each Financial Bid.
2.25.2 A substantially responsive Financial Bid is one which is unconditional and conforms to all
the terms, conditions and specifications of the bidding documents.
2.25.3 If the Financial Bid of any Bidder is not substantially responsive in terms hereof, the Bid
of such Bidder shall be rejected by PIU and the Bidder shall not subsequently be
allowed to make its Bid responsive by correction or withdrawal of the non-conforming
deviation or reservation.
2.26. Correction of Errors
2.26.1 Financial Bids determined to be substantially responsive will be checked by PIU for
any arithmetic errors. Arithmetic errors will be rectified on the following basis:-
i) Where there is a discrepancy between the Consultancy Fee amount quoted in
the Financial Bid, in figures and in words, the amount in words will prevail over
the amounts in figures, to the extent of such discrepancy.
2.26.2 The amount stated in the Financial Bid will be adjusted by PIU in accordance with the
above procedure for the correction of errors and shall be considered as binding upon the
Bidder. If the Bidder does not accept the corrected amount of Bid, his Bid will be
rejected, and his Bid Security may be forfeited in accordance with Clause 2.15.
2.27. Evaluation and Comparison of Financial Bids
2.27.1 PIU will evaluate and compare only those Financial Bids which are determined to be
substantially responsive in accordance with Clause 2.25.
2.27.2 In evaluating the Financial Bids, PIU will determine for each Financial Bid the
Consultancy Fee quoted by the Bidder, by adjusting the quoted Consultancy Fee
amount by making correction for errors, if any, pursuant to Clause 2.26;
2.27.3 The Price Bid will be evaluated on the basis of Clause 3.4.
2.28 Clarification of Bids
2.28.1 To assist in the examination, evaluation and comparison of Bids, PIU may, at his
discretion, ask any Bidder for authentication the correctness of the information/details
furnished by him in his Bid. Such request by PIU and the response by Bidder shall be in

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writing or by cable/fax, but no change in the price or substance of the Bid shall be
sought, offered or permitted except as required to confirm the correction of arithmetical
errors discovered by PIU in the evaluation of the Bids in accordance with Clause
2.26.
2.28.2 Subject to Sub Clause 2.28.1, no Bidders shall contact PIU on any matter relating to his
Bid from the time of Bid opening to the time contract is awarded.

2.28.3 Any effort by the Bidder to influence PIU in the PIU’s Bid evaluation, Bid
comparison or contract award decisions may result in the rejection of his Bid.
2.29. Process to be Confidential
2.29.1 Information relating to the examination, clarification, evaluation and recommendation for
the Bidders shall not be disclosed to any person who is not officially concerned with the
process or is not a retained professional advisor advising the Authority in relation to, or
matters arising out of, or concerning the Bidding Process. The Authority will treat all
information, submitted as part of the Bid, in confidence and will require all those who
have access to such material to treat the same in confidence. The Authority may not
divulge any such information unless it is directed to do so by any statutory entity that has
the power under law to require its disclosure or is to enforce or assert any right or
privilege of the statutory entity and/ or the Authority or as may be required by law or in
connection with any legal process.
F. Award of Contract
2.30. Award Criteria
2.30.1 As per the evaluation of the Bids in terms of section 3 of this RFP, the technically
qualified Bidder quoting the Lowest Financial Bid/Offer would be considered as the
Preferred Bidder/Consultant. The Authority shall offer the lowest bidder rate to all the
Bidder and those consultants who show their willingness to work at the lowest bidder
will be included in the panel and would be selected as Preferred Bidder/Consultant.
2.30.2 The contract period for the said services will be initially for two year. However, PIU may go
for further extension of one more year as mutually agreed on the same terms & conditions
depending on the performance of the consultant.

2.31. Authority's Right to Accept any Bid and Reject any or all Bids
2.31.1 Notwithstanding anything contained in Clause 2.30 above, PIU reserves the right to
accept or reject any Bid and to annul the Bidding process and reject all Bids, at any time
prior to award of contract, without thereby incurring any liability to the affected Bidder or
Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the
PIU's action.

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2.32. Letter of Acceptance


2.32.1 After selection, a Letter of Acceptance (the “LOA”) shall be issued, in duplicate, by the
Authority to the Preferred Bidder and the Preferred Bidder shall, within 7 (seven)
days of the receipt of the LOA, sign and return the duplicate copy of the LOA in
acknowledgement thereof. In the event the duplicate copy of the LOA duly signed by the
Preferred Bidder is not received by the stipulated date, the Authority may, unless it
consents to extension of time for submission thereof, appropriate the Bid Security of
such Bidder as loss and damage suffered by the Authority on account of failure of
the Preferred Bidder to acknowledge the LOA, and the Authority may initiate the
bidding process again for the other Qualified Bidders or may annul the bidding process
and take steps to start a fresh bidding process.
2.32.2 After acknowledgement of the LOA as aforesaid by the Preferred Bidder, it shall
execute the Service Agreement within the period as prescribed in the LOA. The
Preferred Bidder shall not be entitled to seek any material deviation, modification or
amendment in the Service Agreement.
2.33. Not Used
2.34. Performance Security
2.34.1 The Bid Security of the preferred bidder will be converted into Performance Security
Within 15 (fifteen) days of the date of receipt of the LOA or before signing of Service
Agreement, whichever is earlier. The shall be in the form of a Fix Deposit on
Nationalized/Scheduled Bank, in favour of PIU – General fund A/C – 11- 114 payable at
Gandhinagar.
2.34.2 The Performance Security shall be released after three months from the completion of
contract period upon successful completion of all its duties and tasks as given in this
RFP document and Service Agreement.

2.35 Signing of Agreement


2.35.1 Preferred Bidder shall execute the Service Agreement within the period as prescribed in
the LOA. The furnishing of Performance Security, in terms hereof and as to be
enumerated in the LOA, shall be a condition precedent for to execution of the
Service Agreement.
2.35.2 Within 07 (seven) days of the date of signing the Service Agreement, the Preferred
Bidder may open a office in Gujarat and should be in existent till the end of the Service
Agreement. The same office has to be manned by a Senior Officer on the payroll of
the Preferred Bidder/Consultant.

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3. CRITERIA FOR BID EVALUATION OF BIDDERS


3.1 Evaluation parameters
3.1.1 Only those Bidders whose Bids are found responsive in terms hereof and meets the
eligibility criteria specified in Clause[s] 2.2.2 above shall qualify for evaluation under this
Section 3. Bidders whose Bid do not meet the aforesaid qualification criteria shall be
rejected.
3.2 Evaluation Methodology
a) A Pass/Fail mechanism will be adopted for the evaluation process. All bids which
are found responsive and fulfill the eligibility criteria as per Clause no. 2.2 of this
RFP document will be marked as “PASS” Technical Bids. Rest will be termed as
“FAIL” Technical Bids.
b) Bidders whose Technical bids are marked as “PASS” will be intimated by
fax/courier/other communication means and their Financial Offer will be opened.
All “FAIL” bids will be rejected and their Financial Bid/Offer will not be opened.

3.3 Selection of Preferred Bidder


3.3.1 As per the evaluation of the Bids in terms of section 3 of this RFP, Financial Bid of only
shortlisted Bidder will be open for evaluation. Bidder quoting lowest Consultancy Fee
shall be selected as Preferred Bidder/Consultant.
3.3.2 The Authority shall offer the lowest bidder rate to all the Bidder and those consultants
who show their willingness to work at the lowest bidder will be included in the panel
and shall be selected as Preferred Bidder/Consultant.
3.3.3 Deleted
3.3.4 Deleted
3.4 Details of Experience
3.4.1 The bidder should furnish the details of eligible technical experience for the last 5 (five)
financial years immediately preceding the Bid Due Date.
3.4.2 The bidder must provide the necessary information relating to Technical Capacity as per
format at Annexure IV
3.4.3 The bidder should furnish the required Project-specific information and evidence in
support of its claim of Technical Capacity and for Eligible as per format at Annexure IV

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3.5 Financial information for purposes of evaluation


3.7.1 The Bid must be accompanied by the audited annual reports of the Bidder for the last 3
(three) financial years, preceding the financial year in which the Bid is made.
3.7.2 In case the annual accounts for the latest financial year are not audited and therefore the
Bidder cannot make it available, the Bidder shall give an undertaking to this effect and
the statutory auditor shall certify the same. In such a case, the Bidder shall provide the
audited annual reports for 3 (three) financial years preceding the financial year for which
the audited annual report is not being provided.
3.7.3 The Bidder must establish the Financial Capacity as specified in Clause 2.2.2 (b), and
provide details as per format at Annexure V.

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SECTION 4. FRAUD AND CORRUPT PRACTICES

4.1 The Bidders and their respective officers, employees, agents and advisers shall observe
the highest standard of ethics during the Bidding Process and subsequent to the issue of
the LOA and during the subsistence of the Service Agreement. Notwithstanding
anything to the contrary contained herein, or in the LOA or the Service Agreement, the
Authority may reject a Bid, withdraw the LOA, or terminate the Service Agreement, as the
case may be, without being liable in any manner whatsoever to the Bidder, if it
determines that the Bidder, has, directly or indirectly or through an agent, engaged
in corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice in the Bidding Process. In such an event, the Authority shall
be entitled to forfeit and appropriate the Bid Security or Performance Security, as the
case may be, as damages, without prejudice to any other right or remedy that may be
available to the Authority under the Bidding Documents and/ or the Authorization
Agreement, or otherwise.
4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove and the
rights and remedies which the Authority may have under the LOA or the
Service Agreement, or otherwise if a Bidder is found by the Authority to have directly or
indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice during the Bidding
Process, or after the issue of the LOA or the execution of the Service Agreement, such
Bidder shall not be eligible to participate in any tender or RFP issued by the Authority
during a period of 2 (two) years from the date such Bidder, is found by the Authority to
have directly or indirectly or through an agent, engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practices, as the case may be.
4.3 For the purposes of this Section 4, the following terms shall have the meaning
hereinafter respectively assigned to them:
(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the actions of any person connected with
the Bidding Process (for avoidance of doubt, offering of employment to or employing
or engaging in any manner whatsoever, directly or indirectly, any official of PIU
who is or has been associated in any manner, directly or indirectly with the Bidding
Process or the LOA or has dealt with matters concerning the Authorization
Agreement or arising there from, before or after the execution thereof, at any time
prior to the expiry of one year from the date such official resigns or retires from or
otherwise ceases to be in the service of PIU, shall be deemed to constitute
influencing the actions of a person connected with the Bidding Process); or (ii)
engaging in any manner whatsoever, whether during the Bidding Process or after

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the issue of the LOA or after the execution of the Authorization Agreement, as
the case may be, any person in respect of any matter relating to the Project or the
LOA or the Authorization Agreement, who at any time has been or is a legal,
financial or technical adviser of PIU in relation to any matter concerning the Project;
(b) “fraudulent practice” means a misrepresentation or omission of facts or
suppression of facts or disclosure of incomplete facts, in order to influence the
Bidding Process ;
(c) “coercive practice” means impairing or harming or threatening to impair or harm,
directly or indirectly, any person or property to influence any person’s participation or
action in the Bidding Process;
(d) “undesirable practice” means (i) establishing contact with any person connected
with or employed or engaged by PIU with the objective of canvassing, lobbying or in
any manner influencing or attempting to influence the Bidding Process; or (ii)
having a Conflict of Interest; and
(e) “restrictive practice” means forming a cartel or arriving at any understanding or
arrangement among Bidders with the objective of restricting or manipulating a full
and fair competition in the Bidding Process or abstaining itself or any person from
bidding as would have the effect of eliminating competition or a competitor.

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SECTION 5. PRE-BID CONFERENCE

5.1 PIU may convene a Pre-Bid conference of the interested parties on the date given at
Clause 2.16 hereinabove. All the prospective participants shall be allowed to
participate in the Pre-Bid conference. A maximum of two representatives of each
Bidder shall be allowed to participate on production of authority letter from the Bidder.
5.2 During the course of Pre-Bid conference, the Bidders will be free to seek clarifications
and make suggestions for consideration of PIU. PIU shall endeavor to provide
clarifications and such further information as it may, in its sole discretion, consider
appropriate for facilitating a fair, transparent and competitive Bidding Process.

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SECTION 6. MISCELLANEOUS

6.1 The Bidding Process shall be governed by, and construed in accordance with, the laws
of India and the Courts at Gandhinagar shall have exclusive jurisdiction over all
disputes arising under, pursuant to and/ or in connection with the Bidding Process.
6.2 PIU, in its sole discretion and without incurring any obligation or liability, reserves the
right, at any time, to;
(a) suspend and/ or cancel the Bidding Process and/ or amend and/ or supplement the
Bidding Process or modify the dates or other terms and conditions relating thereto;
(b) consult with any Bidder in order to receive clarification or further information;
(c) pre-qualify or not to pre-qualify any Bidder and/ or to consult with any Bidder in order
to receive clarification or further information;
(d) retain any information and/ or evidence submitted to PIU by, on behalf of, and/ or in
relation to any Bidder; and/ or
(e) independently verify, disqualify, reject and/ or accept any and all submissions or
other information and/ or evidence submitted by or on behalf of any Bidder.
6.3 It shall be deemed that by submitting the Bid, the Bidder agrees and releases PIU, its
employees, agents and advisers, irrevocably, unconditionally, fully and finally from any
and all liability for claims, losses, damages, costs, expenses or liabilities in any way
related to or arising from the exercise of any rights and/ or performance of any
obligations hereunder, pursuant hereto and/ or in connection herewith and waives any
and all rights and/ or claims it may have in this respect, whether actual or contingent,
whether present or future.
6.4 Words and Phrases not defined in this RFP shall have the meaning as specified in the
Service Agreement.

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SECTION 7: TERMS OF REFERENCE (TOR)

7. 1 Objective

The Objective of this empanelment of Consultancy services (the “Objective”) is to


develop infrastructure needs to facilitate the health care facilities. Various health care
facilities like Civil Hospitals, Medical Colleges, General Hospitals, Community Health
Centers, Primary Health Centers, Sub Centers, and Dispensaries including residential
quarters are situated in different district of state. These buildings need comprehensive
repairs, periodical repairs, strengthening, retrofitting and reconstruction (RSRR). Some
buildings are to be new constructed. These were identified and now are to be repaired,
retrofitted, strengthened and reconstructed. At several sites complete new construction
of building are to be carried out.

7.2 Scope of Work

The scope of the work under these terms of reference would consist of – but not
limited to the provisions laid down below. The P r e f e r r e d Bidder/ Consultancy
firm selected through this Bidding process shall provide Architectural & Engineering
design in respect of the work for construction of various Buildings and other
development works, brief of which are given below:

GENERAL

Providing architectural and related engineering design consultancy for repair and the new
construction of health facilities and related structures as per the requirement.

Providing details regarding buildings to be dismantled and its bill of quantities (upset value
based on SOR).

The design consultancy will cover mainly but not restricted to the following:

Pre design studies shall be documented and will involve preparation of reports in regard
to site survey and if required soil investigation.

Reports, drawings and other related documents for architectural and related engineering
disciplines that will include structural design, electrical, sanitary and plumbing, heating
ventilation and air-conditioning, equipment planning, acoustics, interior design,
landscaping, site development and graphic signage.

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Tender documents as per the requirements of Government of Gujarat guidelines.

The bidder must have to submit the details of association at the time of tender submission
with complete details of associated firm. PIU reserve the right to approve or reject the
associated firm. The bidder should take prior approval from PIU if they intend to change
the associated firm. if the changes in associated firm during the contract period is found
then penalty of Rs.50,000/- shall be levied by PIU as well as it may lead to termination of
the contract.

SPECIFIC ACTIVITIES

7.1 Consultant’s Submittals

The consultants will submit the following submittals for the works as mentioned under the
scope of works above. The submittals shall be for each type of health care facility and
related buildings at each of the sites:

* Discussion with users at their places for requirement for which MOM and other
report to be given.

7.2 Site survey/site plans

The consultant will visit the sites for visual assessment of the site and the surroundings.
The survey findings will have to be backed up by photographs. Site survey including the
soil investigation reports (if required) along with the site plan indicating the physical
dimensions of sides and diagonals and the existing location of structures if any, adjoining
properties, existing trees, natural drainage, sub-soil water level, any electrical lines,
sewers or drains that may be passing through or near the site, orientation including north
direction will be documented for the above mentioned sites in A3/A2 sheet size format.

7.3 Project report

Preparation of project report for each type of health care facility and related buildings at
each site that will include

Executive summary

Project description, scope, and narrative

These sections will serve to summarize and clarify the proposed design and program for a
health care facility including staff housing. In addition to stating facts of the project, they
also illuminate the goals and concept behind the process used for arriving at these facts.

Sizing and utilization of space

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This will take into account programmatic and functional needs as they relate to room size,
basic equipment, furniture, circulation, structural, mechanical, electrical, and medical
equipment space requirements including staffing patterns that affects the amount and
type of space that must be included in a health care facility and Staff Housing.

Diagrammatic plans

These plans will illustrate how the sizing and utilization of space works as an actual
building plan resulting in most efficient, effective spatial relationships both horizontal and
vertical. The plans should also include the structural system, electrical and sanitary,
plumbing system and any other mechanical systems proposed in the design.

Site analysis and use plan

The purpose of site analysis is to inventory and analyze the natural and human imposed
conditions of the site to determine the development constraints and opportunities. The
process will include:

Collecting and reviewing of site restrictions if any as pertaining to site utilization


capacities.

Review of local traffic conditions, and analysis of how they affect site access, exiting, and
circulation.

Review of existing site information, including surveys and geo-technical information, to


determine constraints or opportunities afforded by site size, shape, or condition.

Site visit

s, for visual assessment and photographs of both the actual site as well as its
surroundings.

7.4 Preparation of Conceptual design and Site plan

This will include:

Location on site, the Health and related facilities including support spaces.

Location of vehicular circulation and parking.

Location of landscaping and other special site features.

Architectural floor plans including elevations and sections.

Structural and related engineering services drawings.

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All designs shall confirm to and fulfill the requirements of latest Indian building codes and
practices.

All the structural design and drawings shall have to be proof checked by the structural
engineer decided by the PIU and compliance to the remarks raised by the structural
engineer shall be complied in shortest period.

All the design parameters relating to above shall be included in the project report.

7.5 Preparation of Preliminary drawings

Technical input by engineering expertise in the field of electrical, sanitary and plumbing,
HVAC, equipment planning is required at this stage.

Interior design and material finishes also need addressing.

7.6 Preparation of working drawings for execution of works at site

The consultants shall prepare all detailed drawings at required scale including part details
for the following disciplines:

Architectural

Structural design & drawings must be supported with design criteria, calculations,
reinforcement schedules, layout of reinforcement and bar – bending schedules as per
Standards & Practices.

Electrical (internal and external)

Sanitary/plumbing (internal)

Water Supply & Drainage

HVAC (AC, Mechanical ventilation, Exhaust)

Fire detection and fire fighting system

Equipment planning

Landscaping (hard and soft)

Interior design with furniture

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Graphic Signage (internal), name boards

IBMS (Integrated Building Management System)


Acoustics
Computer System including Networking.
UPS, Back-up Power Source and Intelligent Lighting System etc.
Fire Alarm & Fire Fighting System
Access Control System
Any other details required for full flag functional of the building

Any other appropriate drawings required for execution shall have to be made as per project
requirements & following good engineering practices.

7.7 Preparation of Tender documents (BOQ and the estimates)

The consultant shall prepare the BOQ (Bills of quantities) and the detailed estimates as
per the requirement in size A3 for each individual structure, consolidated per site and
consolidated as per the lot. The specifications will be in A4 sheet size format. The
numbers of lots, including the relevant sites.

Detailed estimate and the specifications for the project shall be prepared on the basis of
sanctioned SOR (schedule of rates) for current year and of respective district of the R & B
department and non-SOR (schedule of rates) items where ever applicable shall be
supported by rate analysis. Two draft copies will be submitted to PIU for approval.

Land survey and soil test will be done by PIU

Detailed estimate of structure to be dismantled, items wise as per Government prevailing


norms and bill of quantities.

On approval of the draft tender documents (BOQ and specifications) by PIU, the
consultant shall prepare final copies of the specifications and bills of quantities. (2 copies)

All estimates comprise structure wise, site wise as well as lot wise.

If Estimates are found faulty and there is variation beyond 25% from the estimated cost,
penalty will be levied at the rate of 10% of total consultancy fee from the consultant.
Further no consultancy fee will be paid for excess/extra items which is occurred

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due to faulty estimate. Further no consultancy fee will be paid for excess/extra
items which is occurred due to faulty estimate

7.8 Preparation of Master Planning

Master planning as required by PIU with infrastructure related details for whole campus.

The major details/working drawings required related to master planning is as under:

• Other related buildings conceptual plans

• Sanitary/plumbing (external)

• External Water Supply & Drainage and storm water system

• External Fire detection and fire fighting system

• External Landscaping (hard and soft)

• Site development (boundary wall, entrance gates, roads, pavements, paths, street
light)

• Graphic Signage (external)

• Rain water Harvesting System


• Parking Facilities, DG Sets, substation
• Exterior Façade with Suitable display of logo
• Any other appropriate drawings required for infrastructure development shall have
to be made as per project requirements & following good engineering practices.

In addition to the quoted rates, consultant will be paid for master planning as per
below mentioned criteria if specify separately in the work order. :
Sr.No Campus area in Sq.mt Amount in Rupees
1 Upto 5000 Sq.mt 10,000/-
2 5001 Sq.mt to 10000 Sq.mt 25,000/-
3 10001 Sq.mt to 15000 Sq.mt 40,000/-
4 15001 Sq.mt to 20000 Sq.mt 50,000/-

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5 20001 Sq.mt to 50000 Sq.mt 1,00,000/-


6 Above 50001 Sq.mt 1,50,000/-

DESIGN GUIDELINES

(A) For Repairs, Strengthening, Retrofitting and Reconstruction

Methodology for repair, retrofitting, strengthening is to be worked out as per the


requirement of the structures and as per latest IS codes. The consultation of Seismic
Advisor of PIU will follow if required. The consultant will have to produce required design
for this and review as per suggestions of Seismic Advisor/ Structural Consultant of PIU.

(B) For New Construction

The type design of Health care facilities (Such as CHC, PHC, SC, Dispensary & all other
building) exists already and the consultant will only have to produce alternative type
designs as per requirement and the well integrated site plans for such structures.

Alternative type designs include the internal organizations of the various room groups and
their special relations to one another.

Their final design for each site must take into consideration the shape of the site, the most
appropriate entrance point, its orientation towards access roads, neighboring buildings,
the sun and prevailing wind direction, and to the architecture of the surrounding buildings,
particularly the older ones, which have distinct design features. Thoughts must be given
to incorporating verandahs and courtyards, which give shade and permit cross-ventilation,
as well as to provide sloping roofs for better appearance, better rainwater drainage,
rainwater collection and harvesting. Consideration should also be given for installing
natural cooling systems, solar water heaters and other innovative features to reduce the
costs of energy consumption. Environmental aspects, such as the safe disposal of
hospital waste by simple incinerators, construction of garbage chute should also be given
special importance.

Particularly where old, well-functioning buildings are to be replaced, the aim should be to
apply the positive features of the old buildings, while incorporating the requisite structural
security and any necessary material and functional improvements.

The system of fire fighting and all other necessary services fire alarm, public address
system etc. could be investigated into and be developed.

The system of collection of rain water shall be developed at each site and requisite
proposal along with plan shall be specifically included for water harvesting as per latest
practice.

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The provision shall be made including sump, pump, electric motor and underground
/overhead tanks of sufficient capacity. The feasibility of tube well as may be decided at
site of work and necessary provision may be made for tube well, pump room etc. with
submersible pump and other accessories if not in existence.

The provision of septic tank, soak pit or feasibility of drainage connection to the existing
drainage system available in the town will be checked and provision shall be made
accordingly by the consultant.

The architectural design of the proposed buildings should be such that enables these to
merge completely within the surroundings.

CONSULTANT’S SUBMITTALS TO PIU

All submittals (from 1.0.1 to 1.0.7) shall be submitted to the Project implementation unit
(PIU) headed by The Commissioner (Health) for necessary approvals and if need be,
appropriate amendments shall be carried out by the consultant at every stage of
submission.

Architectural drawings, related and ancillary engineering drawings including backup


calculation along with the tender documents at every stage of submission will be closely
scrutinized by The Architect / approved structural engineer of your firm and the
Engineering staff headed by Project Engineer of PIU.

All above submittals will be computer generated using latest Microsoft Word, Excel,
Project, and Powerpoint software programs where ever applicable. All Architectural and
related engineering drawings shall be prepared using Autocad the latest version and other
engineering software program. Structural designs and drawings shall have to be proof
checked by approved structural engineer of PIU and/ accordingly the consultant shall
comply his structural designs and drawings as per his comments.

The consultant will submit (Two sets) of drawings and (Two copies) of documents related
to architectural and engineering works to PIU for approval at every stage of submission.

The consultant will also submit soft copies of the drawings in Auto cad format and other
engineering drawings in the respective formats. Soft copies of the BOQ and the
estimates, specifications will also be submitted at the time of final submission.

The b i d d e r / consultant shall be responsible for arranging and obtaining of all


approvals from all Local/Statutory authorities according to prevailing bye-laws, Laws
and Regulations etc. The client shall pay all statutory fees required for obtaining the
approvals from various local bodies/statutory bodies.

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Changes, addition or alterations as desired by Client due to site considerations or


otherwise as required during the time of the contract will be done by the agency under their
scope of work within the fee already quoted and agreed upon.

The consultant has to give rectified drawings during execution with synchronization of all
services within two days form demand, otherwise additional 0.1% per day of the total fess
payable for the project will be deducted from the contract amount.

Any other items of work not mentioned specifically in the scope of work but required/felt
necessary for the completion of the project as a whole in all respects shall be deemed to
be included in the scope as well as in the fee quoted by the Bidder and no extra claim shall
be admissible on this account.

The appropriate drawings required for execution shall have to be made as per project
requirements & following good engineering practices.

The consultant shall visit the site as and when required by Authority at no extra cost. The
site visit for Structural Enginner is compulsory for following stage: (a) Foundation level (b)
Plinth level (c) First floor slab level. The site visit for Architect is compulsory for following
stage: (a) Line out level (b) Before casting of each slab (c) finishing level. The other
services consultant shall visit the site as and when required by Authority at no extra cost.
The consultant shall verify and certify that the execution has been carried out as per
approved design & specifications.

Issuing minimum 3 sets of the "As-Erected-drawings" together with their soft copies ,after
completion of the project.

Any defect or inadequacy occur in the work carried out because of the faulty design, the
consultant shall be under legal obligation to rectify the defects at his own initiatives and free
of cost without any additional liability to the Authority. The decision of the Authority
regarding defect or inadequacy in the work so carried out and services rendered shall be
final and binding. In case, despite the specific request by the Authority to the consultant to

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rectify or remedy the defect or inadequacy so pointed out and brought to the notice of the
consultant, if the consultant fails and neglects to rectify the same, within the time frame
given by the Authority, then the Authority had every right to rectify the same from the third
agency at the costs and risk of the consultant. The authority has every right to
deduct/recover the said expenses incurred to rectify the same by the Authority from the
third agency from the payment due and payable to the consultant.
Formal Building Permission as per local body Byelaws shall be obtained by the Design
Consultant. Necessary submission drawings and documents shall be prepared by the
consultant and obtain permission of construction from local body. The necessary fees /
charges of local body shall be paid by the contracting authority.

Model as per Planning shall be prepared with the use of light wooden planks in scale of 1:4
or as directed by contracting authority.

In addition to the quoted rates, consultant will be paid as under for model making if required by
the PIU:

Sr.No. Built Up Area in Sqmt Amount Rs.

1 Up to 250 15,000

2 250 to 500 20,000

3 501 to 1000 30,000

4 1001 to 2000 40,000

5 2001 to 5000 50,000

6 5001 above 60,000

The design presentation in 3D will be given by consultant; no extra payment will be made.

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STRUCTURAL ANALYSIS AND STRUCTURAL DRAWINGS:

a. As per preliminary drawings, tentative structural arrangement of the structure shall be


decided in consultation with Client before preparation of working drawings. Due
consideration shall be given in deciding expansion joints and seismic consideration as per
IS 4326 and other relevant codes.

b.Analysis and design of the structure on the basis of approved working drawings shall be
done on the latest software package of STAAD III or approved equivalent and shall also
meet provisions of various latest BIS codes namely IS 456, IS 1893, IS 4326, IS 13920 etc.

c. Structural drawings showing reinforcement detailing and Bar Bending Schedule shall be
prepared as per latest SP: 34(S&T) from BIS and in consultation with Client. All over riding
conditions prescribed by IS 13920 or by any other BIS Code shall be taken into account
while preparing the structural drawings.

d. The consultant shall obtain proof checking of the designs and drawings from IIT/regional
engineering college/expert structural engineering institute/consultant nominated by Client
only if it is desired by Executive Engineer. The decision regarding proof checking needs to
be carried out or not is the sole discretion of Executive Engineer. The fee for proof
checking will be borne by PIU and paid directly to the proof checking consultant.

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x. Time schedule

Sl Activities Timeline*
No (in days)
1 Site Inspection and Survey Report including characteristics, strengths, features, 7
access to site etc.

2 Alternative methodology / Plans App. including drawings / views / animations 21


etc. with detailed cost estimates and probable specifications and rate analysis
(50% of total building at the end of first month)*
3 Layout plan/s, architectural drawings along with structural details of various 30
utilities and infrastructure facilities, all the related cost estimates and
documentation.
4 Architectural & Engineering Designs all details of network & services with Basic 45
Drawings Final Bid documents including technical specifications, tender
documents for upload including bill of quantities and bid drawings etc.
5 Submission of final working drawings Upto ground floor with proof check if 50
required before acceptance order of the contractor
6 A complete set of ‘Working Drawings’ including, detailed designs for 60
Architecture, structural, electrical, mechanical, HVAC, plumbing, water supply,
sewerage system, storm water drains, internal roads, landscaping, fire fighting
systems, and lift, if involved, and all other miscellaneous structures and
infrastructure facilities and ‘Coordinated Drawings’ for the above works with
necessary changes as observed during execution.

Note: Time limit mentioned will be exclusive of the time consumed in the approvals from the
department.

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7.3 PAYMENT SCHEDULE

The selected bidder/consultant will be paid consultancy fee as a percentage of the


amount it quoted in the following manner:

Sr. Activities Payment (% of


No agreement value)
1 On submission of site survey and upon approval of 20%
conceptual design
2 On submission of tender document for uploading purpose 10%
3 On submission of final working drawings Upto ground 10%
floor with proof check if required before acceptance order
of the contractor (No payment on this head will be
released in case of delay in submission as per time
schedule in any case)
4 On submission of final working drawings along with 10%
ancillary services like structural, Mechanical, Electrical,
Plumbing (MEP) and infrastructure along the building
required for completion of project and tender documents
for uploading purpose and upon approval of The
Authority.
5 During execution of the project 40%(this payment will be
spread as per actual
submission of details and
financial progress of the work)
6 After completion of project along with stability certificate 10%
and completion certificate
TOTAL 100%

• Payments shall be released on un-disputed bills only as per above-referred Schedule. It is


in the best interest of all concerned Parties in the Project to work in close coordination
effectively & efficiently to achieve optimum result of quality standards & workmanship on
the Project within the framework of statutory Regulations and Policy as applicable.

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7.4. DEFICIENCIES OF SERVICES

7.4.1. Deficiencies in the services on part of consultants may attract penal


provisions in the form of fines, up to a maximum amount of 10% of
contract price and/or debarment etc. by the client/Authority. Sample
deficiencies may include:

i) Not acting impartially or acting in collusion with contractor in award of variation,


fixation of new rates etc
ii) Not keeping proper records regarding casting of concrete, placement of
reinforcement during site visit at each and every stage of work.
iii) Failure to give proper and timely advice to client/contractor to enable correction
during execution
iv) Delay in design and withholding approvals etc
v) Recommending extension to the contractor with a view to extending duration of
supervision services
vi) Refusing to give reasons for decisions when called for by the client/Authority.
vii) Not being fully conversant with manuals, specifications, standards, Ministry’s
guidelines and requirement of the project to be followed during construction
iii) Certifying substandard work f or payment
ix) Not exercising required scrutiny/non approval of temporary stretch/works
x) Lack of proper coordination with contractors and Project Director or his
representative to ensure smooth implementation of projects
xi) Permitting subletting of any part/major works without authorization by the
Employer / Authority.

7.5. PERFORMANCE SECURITY


i) Upon award of the contract, the bid security of the Consultant shall be
converted into performance security. The Performance security shall
remain valid up to 90 days beyond the stipulated contract period. In case
Time ext en sion is granted by PIU, the Consultant shall extend the period
of validity of the performance security for equivalent extension period. Amount
of Performance security shall be in shape of Fix Deposit from any Nationalized
Bank in favour of “PIU – General fund A/C – 11- 114 ”. The Fix deposit

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shall be released after completion of contract period and upon successful


completion of work.

7.6. CONSULTANTS PROPOSAL SUBMISSION

7.6.1. The consultants are advised to inspect the concerned project stretch and
acquaint themselves with the ground realities.

7.6.2. The consultant submission should be focused to the project requirements as


per the TOR details. The methodology to be submitted should address to the
project stretch requirements. All specific issues for which references have
been made in the various paras of this TOR should be addressed effectively.
General nature descriptions should be avoided.

7.7. STANDARDS AND CODES OF PRACTICES

7.7.1. All activities related to field studies, design and documentation shall be done
as per the latest guidelines of NBC, BDA rules in vogue, Bureau of Indian
Standards (BIS). The Consultants, upon award of the Contract, may finalize
this in consultation with the Authority.

7.7.2. All codes and specifications referred to in this ToR shall be the latest
published versions only.
7.7.3 Consultant shall be fully responsible for failure of the structure due to faulty
design / under design. The consultant shall be responsible for any damage caused
to the existing system due to (1) Lack of knowledge (2) Wrong Operation (3)
Mishandling (4) by negligence by his employees or representatives and consultant
has to pay entire amount/charges for repair / replacement

7.8. REVIEW COMMITTEE TO MONITOR CONSULTANT’S WORKS

A review committee Comprising of as constituted by PIU shall review the


progress of the work and recommend for payment to the concerned Authority.

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SECTION: 8

Annexures

Annexure I: Letter Comprising the Bid

Ref. Date:

To,

The Chief Engineer,


Project Implementation Unit,
P.G.Hostel, Nr. Nursing College,
Civil hospital Compound, Sector-12,
Gandhinagar- 382 012

Dear Sir,
Being duly authorized to represent and act on behalf of (hereinafter
referred as the "Bidder"), and having reviewed and fully understood all of the qualification
requirements and information provided, the undersigned hereby expresses its interest and apply
for qualification for undertaking the “Empanelment of Consultancy Services for Architectural &
Engineering Design Services for Health Care Facilities” (‘Project’).
We are enclosing our Bid, in conformity with the terms of the RFP, and furnishing the details as
per the requirements of the Bid Document, for your evaluation.
The undersigned hereby also declares that the statements made and the information provided
in the Proposal is complete, true and correct in every detail.
We confirm that the application is valid for a period of 120 days from the due date of submission
of application and is unconditional.
We hereby also confirm the following:
1. The Proposal is being submitted by M/s […] (name of the Bidder), in
accordance with the conditions stipulated in the RFP.
2. We have examined in detail and have understood the terms and conditions stipulated in the
RFP Document issued by PIU (hereinafter referred as the “Authority”) and in any
subsequent communication sent by Authority.
3. We agree and undertake to abide by all these terms and conditions. Our Proposal is
consistent with all the requirements of submission as stated in the RFP or in any of the

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subsequent communications from Authority)


4. The information submitted in our Proposal is complete, is strictly as per the requirements
stipulated in the RFP, and is correct to the best of our knowledge and understanding. We
would be solely responsible for any errors or omissions in our Proposal.
5. We confirm that we have studied the provisions of the relevant Indian laws and regulations
required to enable us to prepare and submit this Proposal for rendering the services
pertaining to the Project, in the event that we are selected as the Preferred Bidder.
6. We certify that in the last three years, we have neither failed to perform on any contract, as
evidenced by imposition of a penalty by an arbitration tribunal or a judicial authority or
judicial pronouncement or arbitration award, nor been expelled from any project or contract
by any public authority nor have had any contract terminated by any public authority for
breach on our part.
7. I/ We declare that:
a. I/ We have examined and have no reservations to the Bidding Documents, including any
Addendum issued by the Authority; and
b. I/ We do not have any conflict of interest in accordance with the RFP document; and
c. I/We have not directly or indirectly or through an agent engaged or indulged in any
corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practice, as defined in the RFP document, in respect of any tender or request for
proposal issued by or any agreement entered into with the Authority or any other public
sector enterprise or any government, Central or State; and
8. I / We hereby certify that i/we have taken steps to ensure that in conformity with the
provisions of the RFP, no person acting for us or on our behalf has engaged or will engage
in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice;
9. I/ We understand that you may cancel the Bidding Process at any time and that you are
neither bound to accept any Bid that you may receive nor to invite the Bidders to Bid for the
Project, without incurring any liability to the Bidders
10. I/ We further certify that in regard to matters relating to security and integrity of the country,
we, have not been convicted by any Court of Law or indicted or adverse orders passed by
the regulatory authority which could cast a doubt on our ability to undertake the Project or
which relates to a grave offence that outrages the moral sense of community.
11. I / We further certify that in regards to matters relating to security and integrity of the country,
we have not been charge-sheeted by any agency of the Government or convicted by the
Court of Law.
12. I / We further certify that no investigation by a regulatory authority is pending either against
us or against our Associates or against our CEO or any of our Directors/ Managers/
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employees.
13. I / We hereby irrevocably waive any right which we may have at any stage at law or
howsoever otherwise arising to challenge or question any decision taken by the Authority in
connection with the selection of the Bidders, or in connection with the Bidding Process itself,
in respect of the above mentioned Project and the terms and implementation thereof.

14. In the event of me/us being declared as the Preferred Bidder, I/We agree to enter into a
Service Agreement in accordance with the draft that has been provided to me prior to the
Bid Due Date. We agree not to seek any changes in the aforesaid draft and agree to abide
by the same.
15. I / We have studied all the Bidding Documents carefully and also surveyed the project
details. I/ We understand that except to the extent as expressly set forth in the Service
Agreement, we shall have no claim, right or title arising out of any documents or information
provided to us by the Authority or in respect of any matter arising out of or concerning or
relating to the Bidding Process including the award of Service.
16. The built up area in Sq.mt based Total Contract Fee has been quoted by me/ us
after taking into consideration all the terms and conditions stated in the RFP, Service
Agreement, our own estimates of costs and after a careful assessment of the identified
locations of the proposed Project Facility and all the conditions that may affect the Bid.
17. I / We agree and understand that the Bid is subject to the provisions of the Bidding
Documents. In no case, I / We shall have any claim or right of whatsoever nature if the
Project is not awarded to me/us or our Bid is not opened or rejected
18. I / We agree and undertake to abide by all the terms and conditions of the RFP document
which includes furnishing of the Performance Security to the Authority in the manner
provided in respect thereof in the RFP.
19. I/We confirm that all the terms and conditions of the Proposal are firm and valid for
acceptance for a period of 120 days from the Proposal Due Date.
20. I / We agree and undertake to abide by all the terms and conditions of the RFP document. In
witness thereof, I / We submit this Bid under and in accordance with the terms of the RFP
document.

Thanking You,
Yours Sincerely,

For and on behalf of : (name of the Bidder and the Company Seal)

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Signature : (Authorised Representative & Signatory)

Name of the Person :

Designation :

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.Annexure II: Checklist of Submissions

Sr. Enclosures to the Technical Bid Status Page No (from


No ___ to ___ )
(Submitted/Not

Submitted)

1 Covering Letter

2 Details of Bidder

3 Technical Capacity (Experience) of the bidder

4 Turnover & Net worth (Financial Capacity) of


the bidder

5 Documents requires for pre qualification

6 Power of Attorney for signing of Bid

7 Company’s incorporation certificate

8 Tender Fee/ Bid Security

9 Self attested confirmation regarding litigation,


debarment, arbitration, etc.

10 Audited report of the balance sheet of the


last three financial years of the Bidder

11 Price Bid Letter and submissions in line NOT Price bid will be
with the RFP requirements submitted online only.

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Annexure III: Details of Bidder

1. (a) Name:
(b) Country of incorporation (provide documentary evidence):
(c) Address of the corporate headquarters and its branch office(s), if any, in India:
(d) Date of incorporation and/ or commencement of business (provide documentary
evidence:
2 Brief description of the Bidder including details of its main lines of business:

3 Details of individual(s) who will serve as the point of contact/ communication for PIU: (a)
Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number:
(f) E-Mail Address:
(g) Fax Number:

4. Particulars of the Authorized Signatory of the Bidder:

(a) Name:
(b) Designation:
(c) Address:
(d) Phone Number:
(e) Fax Number:

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Annexure IV: Experience (Technical Capacity) of Bidder


(Refer Clause 2.2.2)
Relevant Services Completed in the Last Five Year

The following information should be provided in the format below for each reference assignment for
which your firm, either individually as a corporate entity or as one of the major companies, was
legally contracted by the client stated below: (use separate sheets for each project)

Sl. No:

*Assignment Name: Country:

Worked in the capacity of – Lead Consultant


(please specify and provide documentary evidence)

Location within Country: Professional Staff Provided by your firm:

Name of Client: No. of Staff :

Address: No. of Staff Months :

Name of Association Firm(s) if any: No. of Months of Professional Staff provided by


Associated Firm(s)
Narrative Description of Project:

Description of Actual Services Provided by your Staff:

Project Size (both in terms of built up area in sq.mts and project cost)

Value of the contract (in Rs.lacs)

* Completion Certificates from Employer should be attached in support of the experience.

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Annexure V: Financial Capacity of the Bidder


(refer Clause 2.2.2 (b) (In Rs. Lacs)

Annual Turnover for preceding three Financial Years


S.
Name of the Bidder. (Rs. In Lacs)
No.
2018-19 2017-18 2016-17

1.

2.

TOTAL

Certificate from the Statutory Auditor (in case of Company)/ Auditor/ CA (in case of
firm)

This is to certify that ....................(name of the Applicant) has Annual turnover as shown
above.

Name of Authorized Signatory:

Designation:

Name of firm:

(Signature of the Authorized Signatory)

Seal of the Firm

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Instructions:
1. Audited report of the balance sheet of the last three financial years of the Bidder.
The financial statements shall:
a) reflect the financial situation of the Bidder and its Associates where the Bidder is
relying on its Associate’s financials;
b) be audited by a statutory auditor;
c) be complete, including all notes to the financial statements; and
d) correspond to accounting periods already completed and audited (no statements
for partial periods shall be requested or accepted).

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Annexure VI: Statement of Legal Capacity

(To be forwarded on the letterhead of the Bidder)

Ref. Date:

To,

The Chief Engineer,


Project Implementation Unit,
P.G.Hostel, Nr. Nursing College,
Civil hospital Compound, Sector-12,
Gandhinagar- 382 012

Sub: Bid for “Empanelment of Consultancy Services for Architecture and allied
Engineering design works for Health Care Facilities ”

Dear Sir,
We hereby confirm that we satisfy the terms and conditions laid out in the RFP document.
We have agreed that (insert individual’s name) will act as our representative
and has been duly authorized to submit the RFP. Further, the authorized signatory is vested
with requisite powers to furnish such letter and authenticate the same.
Thanking you,
Yours faithfully,
For and on behalf of
Authorized signatory

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Annexure VII: Power of Attorney for signing of Application


(Refer Clause 2.1.6)
Know all men by these presents, We (name of the
firm and address of the registered office) do hereby irrevocably constitute, nominate, appoint
and authorize Mr./ Ms (name), son/daughter/wife of
and presently residing at , who
is [presently employed with us and holding the position of ], as
our true and lawful attorney (hereinafter referred to as the “Attorney”) to do in our name and
on our behalf, all such acts, deeds and things as are necessary or required in connection
with or incidental to submission of our Bid for the ***** Project[s] proposed or being
developed by the
***** (the “Authority”) including but not limited to signing and submission of all applications,
bids
and other documents and writings, participate in Pre-Applications and other conferences
and providing information/ responses to PIU, representing us in all matters before PIU,
signing and execution of all contracts including the Service Agreement and
undertakings consequent to acceptance of our bid, and generally dealing with PIU in all
matters in connection with or relating to or arising out of our bid for the said Project and/ or
upon award thereof to us and/or till the entering into of the Service Agreement with PIU.
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds
and things lawfully done or caused to be done by our said Attorney pursuant to and in
exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things
done by our said Attorney in exercise of the powers hereby conferred shall and shall always
be deemed to have been done by us.
IN WITNESS WHEREOF WE, , THE ABOVE NAMED
PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS DAY OF
, 20**
For -------------------------
-- (Signature)
(Name, Title and Address)
Witnesses:
1 1. [Notarized]
2 Accepted
(Signature)
(Name, Title and Address of the

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Attorney)
Notes:
The mode of execution of the Power of Attorney should be in accordance with
the procedure, if any, laid down by the applicable law and the charter documents
of the executant(s) and when it is so required, the same should be under common
seal affixed
in accordance with the required procedure.

Also, wherever required, the Bidder should submit for verification the extract of
the charter documents and documents such as a resolution/ power of attorney in favor
of the person executing this Power of Attorney for the delegation of power hereunder
on behalf of the Bidder.
For a Power of Attorney executed and issued overseas, the document will also have
to be legalized by the Indian Embassy and notarized in the jurisdiction where the
Power of
Attorney is being issued.

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ANNEXURE IX : Litigation History


Refer Clause 2.2.3
(To be provided by the Bidder)

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Annexure XI: APPROACH AND METHODOLOGY PROPOSED FOR PERFORMING THE


ASSIGNMENT (Not more than 2 pages)

CONSULTANT NAME:

Technical approach, methodology and work plan are key components of the Technical Proposal. You are
suggested to present your Technical Proposal divided into the following three chapters:

a) Technical Approach and Methodology,


b) Work Plan, and
c) Organization and Staffing,

a) Technical Approach and Methodology:

In this chapter you should explain your understanding of the objectives of the Assignment/job,
approach to the Assignment/job, methodology for carrying out the activities and obtaining the expected
output, and the degree of detail of such output. You should highlight the problems being addressed and
their importance, and explain the technical approach you would adopt to address them. You should also
explain the methodologies you propose to adopt and highlight the compatibility of those methodologies with
the proposed approach.

Poor: The technical approach or the methodology(or both) envisaged to carry out important activities
indicated in the TOR is inappropriate or very poorly presented, indicating that the consultant has
misunderstood important aspects of the scope of work.

Satisfactory: The way to carry out the different activities of the TOR is discussed generically. The
approach is standard and not specifically tailored to the assignment. Although the approach and
methodology are suitable, they do not include a discussion on how the consultant proposes to deal with
critical characteristics of the assignment

Good: The proposed approach is discussed in detail, and the methodology is specifically tailored to the
characteristics of the assignment and flexible enough to allow it to adapt to changes that may occur during
execution of the services.

Very Good: In addition to the requirements listed above under “good,” important issues are approached in
an innovative and efficient way, indicating that the consultants have understood the main issues of the
assignment and have outstanding knowledge of new solutions. The proposal details ways to improve the
results and the quality of the assignment by using advanced approaches, methodologies, and knowledge.

b) Work Plan:

The consultant should propose and justify the main activities of the Assignment/job, their content and
duration, phasing and interrelations, milestones (including interim approvals by the Employer), and delivery
dates of the reports. The proposed work plan should be consistent with the technical approach and
methodology, showing understanding of the TOR and ability to translate them into a feasible working plan.
A list of the final documents, including reports, drawings, and tables to be delivered as final output, should
be included here. The work plan should be consistent with the Work Schedule

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.
Poor: The activity schedule omits important tasks; the timing of activities and correlation among them are
inconsistent with the approach or methodology proposed. There is a lack of clarity and logic in the
sequencing.

Satisfactory: All key activities are included in the activity schedule, but they are not detailed. There are
minor inconsistencies between timing, assignment outputs, and proposed approach.

Good: The work plan responds well to the TOR; all important activities are indicated in the activity
schedule, and their timing is appropriate and consistent with the assignment outputs. Moreover, the
interrelation between the various activities is realistic and consistent with the proposed approach. There is
a fair degree of detail that facilitates understanding of the proposed work plan.

Very Good: In addition to the requirements listed above under “good,” decision points and the sequence
and timing of activities are very well defined, indicating that the consultant has optimized the use of
resources. A specific chapter of the proposal explains the work plan in relation to the proposed approach.
The work plan allows flexibility to accommodate contingencies.

c) Organization and Staffing:

The consultant should propose and justify the structure and composition of your team. You should list the
main disciplines of the Assignment/job, the key expert responsible, and proposed technical and support
staff.]

Poor: The organization chart is perfunctory, the staffing plan is weak in important areas, and the staffing
schedule is inconsistent with the timing of the most Important outputs of the assignment. There is no
clarity in allocation of tasks and responsibilities. The proposed specialists have never worked together as a
team.

Satisfactory: The organization chart is complete and detailed, the technical level and composition of the
staffing arrangements are adequate, and staffing is consistent with both timing and assignment outputs.

Good: In addition to the definition above in “satisfactory,” the staff is very well balanced(that is, they
show good coordination, clear and detailed definition of duties and responsibilities, not too many short-term
experts, not too many generalists, staff skills and needs are matched precisely, and they enjoy good
logistical support). Some members of the project team have worked together before to some extent.

Very Good: Besides meeting all the requirements for a “good” rating, the proposed team is
integrated, and several members have worked together extensively in the past; a detailed explanation of
the bidder’s role and integration in the assignment is provided. The proposal contains a detailed discussion
showing that the consultants have optimized the use and deployment of staff with efficiency and economy,
based on the proposed logistics.

Note:

The approach & methodology should be precise, to the point and relevant to the assignment.

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Annexure XII: COMMENTS/ SUGGESTIONS OF CONSULTANT ON THE TERMS OF


REFERENCE (Not more than 1 page)

1.

2.

3.

4.

5.

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Annexure XIII: DETAILS OF EQUIPMENT (ALL TYPES) AND SOFTWARE INCLUDING


license version of AutoCAD or similar software
PROPOSED TO BE USED.

The software used for the design has to be licensed version in the name of same firm. The proof for
the same has to be submitted along with technical bid. Proof for subsequent renewal has to be
submitted otherwise the bidder is liable to disqualify.

(Please Provide the copy of license)

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Annexure XIV: COMPOSITION OF THE TEAM PERSONNEL AND THE TASK WHICH
WOULD BE ASSIGNED TO EACH TEAM MEMBER

1. Key Experts and Key Professionals During Design Stage:

Sr. Task
Name of the Engagement Qualification &
No Personnel Position Numbers Period in weeks Assignment
Experience

Team Leader
1

B..Architect
2
Diploma
3 Architect

Diploma
4 Architect

5 ME Structure
BE Civil
6
Engineer
7 BE Electrical
8 Draftsman
9 Draftsman
10 Draftsman

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Annexure XV: FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF

Proposed Position:
Name of Firm:
Name of Staff:
Profession:
Date of Birth:
Years with Firm/Entity: Nationality:
Membership in Professional Societies:

Detailed Tasks Assigned:

Key Qualifications:

[Give an outline of staff member’s experience and training most pertinent to tasks on
assignment. Describe degree of responsibility held by staff member on relevant previous assignments
and give dates and locations.]

Education:

[Summarize college/university and other specialized education of staff member and degrees

obtained.] Employment Record:

[Starting with present position, list in reverse order every employment held. List all positions held by
staff member since graduation, giving dates, names of employing organizations, titles of
positions held, source of funding for the projects handled, types of contract document used (FIDIC
e,g,) and locations of assignments. For experience, also give types of activities performed and
client references, where appropriate.]

Languages:

[For each language indicate proficiency: excellent, good, fair, or poor; in speaking, reading, and writing]

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this bio-data correctly
describes myself, my qualification and my experience.
Signature of the Candidate

Place
Date

Signature of the Authorized Representative of the firm


Place
Date

Note :
1. The CV shall be signed by both, the person and the Authorized Representative of the firm in original.
2. Unsigned CVs are liable to be rejected.

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Annexure XVI: Price Bid (Financial Bid)

FINANCIAL/ PRICE BID LETTER & FORMAT FOR PRICE OFFER


To,
The Chief Engineer,
Project Implementation Unit,
P.G.Hostel, Nr. Nursing College,
Civil hospital Compound, Sector-12,
Gandhinagar- 382 012

Sub: Financial Bid for “Empanelment of Consultancy Services for Architectural


& Engineering Design Services for Health Care Facilities”

Dear Sir,

As a part of the Bid for Empanelment of Consultancy Services for Architectural &
Engineering Design Services for Health Care Facilities, we hereby make the following
Financial Offer (Price Bid) to Project Implementation Unit (PIU).

Sr.No. Built up Consulting fees in New Consulting fees in Consulting fees


area in Construction Rs/m2 for . Rs/m2 for repairing/ in Rs/m2 for as
Sq.mt. Fresh Repeat renovation/ built drawings of
design design strengthening of existing building
existing building. including all
services
1. Up to 50
2. 51 to 100
3. 101 to 200
4. 201 to 500
5. 501 to 1000
6. 1001 to 1500
7. 1501 to 2000
8. 2001 to 3000

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9. 3001 to 5000
10. 5001 &
above

The payment for the particular job will be done only for one item in which the particular
job falls. The payment of one job will be done only in one particular item head. The
cumulative payment of all items heads will not be done for one particular job. For example:
The fess for the Architectural & Engineering Design Services for fresh design of 4500
Sqmt built up area building would be paid in only one item head of “3001 to 5000 built up
area in Sqmt” for fresh design. The bidder has to quote rate accordingly.

We understand that the Consultancy Fee quoted by us is exclusive of Goods


and Service Tax (GST). We agree to bind by this offer if we are selected as the
preferred bidder.
Lowest rate of individual items shall be considered among all bidders. The Authority shall
offer the lowest bidder rate to all the Bidder and those consultants who show their
willingness to work at the lowest bidder will be included in the panel and would be selected
as Preferred Bidder/Consultant.

FOR AND ON BEHALF OF

SIGNATURE

NAME

DESIGNATION

COMPANY SEAL COMPANY

DATE

Note: To be submitted online only along with Financial Bid.


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Annexure-XVII
Format of Self attested confirmation

TO BE SWORN ON WHITE PAPER

*I……………………...…………………………………….am the *Director / Proprietor


/Partner of ………………………………………… (mention name of firm/company and its
complete address) do here by solemnly affirm and declare as under:-

1. That our Firm / company i.e. ……………………………………… (mention name of


*firm/ company) is registered vide Registration No………………under the provisions of
……………… (mention the name of the Act).

2. That our Firm / company i.e. ……………………………………… (mention


name of *firm/ company) has applied in response to the RFP for
Empanelment of Consultancy Services for Architectural & Engineering Design
Services for Health Care Facilities

3. That………………………… (mention name of firm/company) is eligible to submit the


aforesaid proposal as it is not under liquidation, court receivership or similar
proceedings.

4. That ………………………… (mention name of firm/company) has not been barred


and/or blacklisted by the Central Government / State Government /or any
Government under taking at the time of submission of bid.

5. That ………………………… (mention name of firm/company) has, during the last


three years, neither failed to perform on any agreement nor was expelled from any
project or agreement nor any agreement terminated for any breach by the applicant.

6. That ………………………… (mention name of firm/company) has no contracts with


the state/central government that are in arbitration. (In case some contract (s) are in
arbitration give the details of such contract in a schedule to be attached with this affidavit)

DEPONENT

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VERIFICATION

*I/we………………………….. the above named deponent do hereby verify that the


contents of the aforesaid paragraphs 1 to 6 are true and correct to the best of
*my/our knowledge and belief and nothing is concealed there from.

Verified at……………(place)this…………. Day of ………. 2019.

(* Strike off whichever is not applicable)

DEPONENT

Note: Deponent will be the authorized signatory of the applicant.

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Request for Proposal

Volume II: Draft Service Agreement

Issued by:

The Chief Engineer,


Project Implementation Unit,
4th Floor, PIU/RDD/NHM Building,
Civil Hospital Compound, Sector-12,
Gandhinagar – 382 012.

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DRAFT SERVICE AGREEMENT

Empanelment of Consultancy Services for Architectural & Engineering Design


Services for Health Care Facilities

AGREEMENT No.

This AGREEMENT (hereinafter called the “Agreement”) is made on the _day of the
month of 2013, between, the Project Implementation Unit, Gandhinagar (hereinafter
called the “the Authority” which expression shall include their respective successors and
permitted assigns,unless the context otherwise requires) and, on the other
hand,…………………………………… (hereinafter called the “Consultant”
which expression shall include their respective successors and permitted assigns).

WHEREAS

(A) The Authority vide its Request for Proposal for Empanelment of Consultancy
Services for Architecture and allied Engineering design works for Health Care Facilities
(hereinafter called the “Consultancy”); for construction of building ((hereinafter called the
“Project”)

(B) the Consultant submitted its proposals for the aforesaid work, whereby the
Consultant represented to the Authority that it had the required professional skills,
and in the said proposals the Consultant also agreed to provide the Services to
the Authority on the terms and conditions as set forth in the RFP and this Agreement;
and

(C) the Authority, on acceptance of the aforesaid proposals of the Consultant,


awarded the Consultancy to the Consultant vide its Letter of Acceptance dated
(the “LOA”); and

(D) the Consultant deposited an amount of Rs………../- (Rupees ……….only) equivalent to


Bid Security which will be converted into Performance Security by way of a Fix Deposit
bearing no……… dated……… from …….. Bank valid for ………

(E) in pursuance of the LOA and its subsequent acceptance by the Consultant, the

parties have agreed to enter into this Agreement.


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NOW, THEREFORE, the parties hereto hereby agree as follows:

1. GENERAL

1.1 Definitions and Interpretation

1.1.1 The words and expressions beginning with capital letters and defined in this
Agreement shall, unless the context otherwise requires, have the meaning
hereinafter respectively assigned to them:

(a) “Applicable Laws” means the laws and any other instruments having the force
of law in India as they may be issued and in force from time to time;

(b) “Service Agreement” means this Agreement, together with all the

Annexes;

(c) “Agreement Value” shall have the meaning set forth in Clause 6.1.2; (d)

“Additional Costs” shall have the meaning set forth in Clause 6.1.2;

(e) “Confidential Information” shall have the meaning set forth in Clause
3.3;

(f) “Conflict of Interest” shall have the meaning set forth in Clause 3.2 read with
the provisions of RFP;

(g) “Dispute” shall have the meaning set forth in Clause 9.2.1;

(h) “Effective Date” means the date on which this Agreement comes into force
and effect pursuant to Clause 2.1;

(i) “Expatriate Personnel” means such persons who at the time of being so hired
had their domicile outside India;

(j) “Government” means the Government of Gujarat

(k) “ INR, Re. or Rs.” means Indian Rupees;

(l) “Member”, in case the Consultant consists of partner of consultancy firm ,


and “Members” means all of these entities;

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(m) “Personnel” means persons hired by the Consultant or by any Sub-


Consultant as employees and assigned to the performance of the
Services or any part thereof;

(n) “Party” means the Authority or the Consultant, as the case may be, and
Parties means both of them;

(o) “Resident Personnel” means such persons who at the time of being so hired
had their domicile inside India;

(p) “Services” means the work to be performed by the Consultant pursuant to this
Agreement, as described in the Terms of Reference hereto;

(q) “RFP” means the Request for Proposal document in response to which the
Consultants proposal for providing Services was accepted;

(r) “Sub-Consultant” means any entity to which the Consultant


subcontracts any part of the Services in accordance with the provisions of
Clause 4.7; and

(s) “Third Party” means any person or entity other than the Government, the
Authority, the Consultant or a Sub-Consultant.

All terms and words not defined herein shall, unless the context otherwise
requires, have the meaning assigned to them in the RFP or to its subsequent
addendum/corrigendum issued by the Authority.

1.1.2 The following documents along with all addenda issued thereto shall be
deemed to form and be read and construed as integral part of this Agreement and
in case of any contradiction between or among them the priority in which a document
would prevail over other would be as laid down below beginning from the highest
priority to the lowest priority:

(a) Agreement;
(b) Annexes of Agreement; (c)
RFP, and
(d) Letter of Acceptance

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1.2 Relation between the Parties

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


and servant or of agent and principal as between the Authority and the Consultant.
The Consultant shall, subject to this Agreement, have complete
charge of Personnel performing the Services and shall be fully responsible for the
Services performed by them or on their behalf hereunder.

1.3 Rights and obligations

The mutual rights and obligations of the Authority and the Consultant shall be as set
forth in the Agreement; in particular:

(a) the Consultant shall carry out the Services in accordance with the
provisions of the Agreement; and

(b) the Authority shall make payments to the Consultant in accordance with the
provisions of the Agreement.

1.4 Governing law and jurisdiction

This Agreement shall be construed and interpreted in accordance with and


governed by the laws of India, and the courts at Gujarat shall have exclusive jurisdiction
over matters arising out of or relating to this Agreement.

1.5 Language

All notices required to be given by one Party to the other Party and all other
communications, documentation and proceedings which are in any way
relevant to this Agreement shall be in writing and in English language.

1.6 Table of contents and headings

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

1.7 Notices

Any notice or other communication to be given by any Party to the other Party
under or in connection with the matters contemplated by this Agreement shall be in
writing and shall:

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(a) in the case of the Consultant, be given by facsimile and by letter


delivered by hand to the address given and marked for attention of the
Consultant s Representative set out below in Clause 1.10 or to such other
person as the Consultant may from time to time designate by notice to the
Authority; provided that notices or other communications to be given to an
address outside Gandhinagar, India may, if they are subsequently
confirmed by sending a copy thereof by registered acknowledgement due, air mail
or by courier, be sent by facsimile to the number as the Consultant may from
time to time designate by notice to the Authority;

(b) in the case of the Authority, be given by facsimile and by letter


delivered by hand and be addressed to the Authority with a copy
delivered to the Authority Representative set out below in Clause 1.10
or to such other person as the Authority may from time to time designate
by notice to the Consultant; provided that if the Consultant does not have
an o p e r a t i n g office in Gandhinagar it may send such notice by facsimile and
by registered acknowledgement due, air mail or by courier; and

(c) any notice or communication by a Party to the other Party, given in


accordance herewith, shall be deemed to have been delivered when in the
normal course of post it ought to have been delivered.

1.8 Location

The Services shall be performed at scattered places of Gujarat in accordance with the
provisions of RFP and at such locations as are incidental thereto, including the
offices of the Consultant.

1.9 Authority of Member-in-charge

Deleted

1.10 Authorized representatives

1.10.1 Any action required or permitted to be taken, and any document required or
permitted to be executed, under this Agreement by the Authority or the
Consultant, as the case may be, may be taken or executed by the officials
specified in this Clause 1.10.

1.10.2 The Authority may, from time to time, designate one of its officials as the
Authority Representative. Unless otherwise notified, the Authority

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Representative shall be:

The Chief Engineer, Project Implementation Unit, P.G.Hostel, Nr. Nursing College, Civil
Hospital Compound Sector-12, Gandhinagar- 382 012

Tel: …………………….., Fax: ……………………………

1.10.3 The Consultant may designate one of its employees as Consultant s


Representative. Unless otherwise notified, the Consultant s Representative shall
be:

----------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------

Tel: ------------------- Fax: --------

1.11 Taxes and duties

Unless otherwise specified in the Agreement, the Consultant shall pay all such taxes,
duties, fees and other impositions as may be levied under the Applicable Laws and
the Authority shall perform such duties in regard to the deduction of such taxes as
may be lawfully imposed on it.

2. COMMENCEMENT, COMPLETION AND TERMINATION OF AGREEMENT

2.1 Effectiveness of Agreement

This Agreement shall come into force and effect on the date of this Agreement
(the “Effective Date”).

2.2 Commencement of Services

The Consultant shall commence the Services within a period of 7 (seven) days from
the Effective Date, unless otherwise agreed by the Parties. And within 07 (seven)
days from the Effective Date, the Consultant may open a Project Office in respected
District of Gujarat with all required communication tools.

2.3 Termination of Agreement for failure to commence Services

If the Consultant does not commence the Services within the period specified in
Clause 2.2 above, the Authority may, by not less than 3 (three) weeks, notice to the
Consultant, declare this Agreement to be null and void, and in the event of such a

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declaration, the Bid Security of the Consultant shall stand forfeited.

2.4 Expiration of Agreement

Unless terminated earlier pursuant to Clause 2.9 hereof, this Agreement shall expire
when the Services have been completed and a period of 90 (ninety) days has
elapsed after all payments due under this Agreement, have been made.

2.5 Entire Agreement

2.5.1 This Agreement and the Annexes together constitute a complete and exclusive
statement of the terms of the agreement between the Parties on the subject
hereof, and no amendment or modification hereto shall be valid and effective
unless such modification or amendment is agreed to in writing by the Parties and duly
executed by persons especially empowered in this behalf by the
respective Parties. All prior written or oral understandings, offers or other
communications of every kind pertaining to this Agreement are abrogated and
withdrawn; provided, however, that the obligations of the Consultant arising out of the
provisions of the RFP shall continue to subsist and shall be deemed as part of this
Agreement.

2.5.2 Without prejudice to the generality of the provisions of Clause 2.5.1, on


matters not covered by this Agreement, the provisions of RFP shall apply.

2.6 Modification of Agreement

Modification of the terms and conditions of this Agreement, including any


modification of the scope of the Services, may only be made by written
agreement between the Parties. Pursuant to Clause 4.2.3 and 6.1.3 hereof,
however, each Party shall give due consideration to any proposals for
modification made by the other Party.

2.7 Force Majeure

2.7.1 Definition

(a) For the purposes of this Agreement, “Force Majeure” means an event which
is beyond the reasonable control of a Party, and which makes a Party s
performance of its obligations hereunder impossible or so impractical
as reasonably to be considered impossible in the
circumstances, and includes, but is not limited to, war, riots, civil
disorder, earthquake, fire, explosion, storm, flood or other adverse
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weather conditions, strikes, lockouts or other industrial action (except


where such strikes, lockouts or other industrial action are within the
power of the Party invoking Force Majeure to prevent), confiscation or any other
action by government agencies.

(b) Force Majeure shall not include (i) any event which is caused by the
negligence or intentional action of a Party or such Party s Sub-
Consultant or agents or employees, nor (ii) any event which a diligent Party
could reasonably have been expected to both (A) take into
account at the time of the conclusion of this Agreement and (B) avoid or
overcome in the carrying out of its obligations hereunder.

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

2.7.2 No breach of Agreement

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

2.7.3 Measures to be taken

(a) A Party affected by an event of Force Majeure shall take all reasonable
measures t o r em o v e s u ch P a r t y s inability t o f u l f i l l it s o b l ig a t io n s
hereunder with a minimum of delay.

(b) A Party affected by an event of Force Majeure shall notify the other Party of
such event as soon as possible, and in any event not later than fourteen (14)
days following the occurrence of such event, providing evidence of the nature
and cause of such event, and shall similarly give notice of the restoration of normal
conditions as soon as possible.

(c) The Parties shall take all reasonable measures to minimise the
consequences of any event of Force Majeure.

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2.7.4 Extension of time

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

2.7.5 Payments

During the period of its inability to perform the Services as a result of an event of Force
Majeure, the Consultant shall be entitled to be reimbursed for
additional costs reasonably and necessarily incurred by it during such period for the
purposes of the Services and in reactivating the Services after the end of such period.

2.7.6 Consultation

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

2.8 Suspension of Agreement

The Authority may, by written notice of suspension to the Consultant, suspend all
payments to the Consultant hereunder if the Consultant shall be in breach of this
Agreement or shall fail to perform any of its obligations under this
Agreement, including the carrying out of the Services; provided that such
notice of suspension (i) shall specify the nature of the breach or failure, and (ii) shall
provide an opportunity to the Consultant to remedy such breach or failure within a
period not exceeding thirty (30) days after receipt by the Consultant of such notice of
suspension.

2.9 Termination of Agreement

2.9.1 By the Authority

The Authority may, by not less than thirty (30) days written notice of
termination to the Consultant, such notice to be given after the occurrence of any of the
events specified in this Clause 2.9.1, terminate this Agreement if:

(a) the Consultant fails to remedy any breach hereof or any failure in the
performance of its obligations hereunder, as specified in a notice of
suspension pursuant to Clause 2.8 hereinabove, within thirty (30) days of

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receipt of such notice of suspension or within such further period as the


Authority may have subsequently granted in writing;

(b) the Consultant becomes insolvent or bankrupt or enters into any


agreement with its creditors for relief of debt or take advantage of any law for
the benefit of debtors or goes into liquidation or receivership whether
compulsory or voluntary;

(c) the Consultant fails to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause 9 hereof;

(d) the Consultant submits to the Authority a statement which has a material effect
on the rights, obligations or interests of the Authority and which
the Consultant knows to be false;

(e) any document, information, data or statement submitted by the


Consultant in its Proposals, based on which the Consultant was
considered eligible or successful, is found to be false, incorrect or
misleading;

(f) as the result of Force Majeure, the Consultant is unable to perform a


material portion of the Services for a period of not less than sixty (60) days;
or

(g) the Authority, in its sole discretion and for any reason whatsoever,
decides to terminate this Agreement.

2.9.2 By the Consultant

The Consultant may, by not less than thirty (30) days written notice to the
Authority, such notice to be given after the occurrence of any of the events
specified in this Clause 2.9.2, terminate this Agreement if:

(a) the Authority fails to pay any money due to the Consultant pursuant to this
Agreement and not subject to dispute pursuant to Clause 9 hereof within forty-
five (45) days after receiving written notice from the Consultant that such
payment is overdue;

(b) the Authority is in material breach of its obligations pursuant to this


Agreement and has not remedied the same within forty-five (45) days (or such
longer period as the Consultant may have subsequently
granted in writing) following the receipt by the Authority of the

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Consultant’s notice specifying such breach;

(c) as the result of Force Majeure, the Consultant is unable to perform a


material portion of the Services for a period of not less than sixty (60) days;
or

(d) the Authority fails to comply with any final decision reached as a result of
arbitration pursuant to Clause 9 hereof.

2.9.3 Cessation of rights and obligations

Upon termination of this Agreement pursuant to Clauses 2.3 or 2.9 hereof, or


expiration of this Agreement pursuant to Clause 2.4 hereof, all rights and of the
Parties hereunder shall cease, except (i) such rights and obligations as may have
accrued on the date of termination or expiration, (ii) the obligation of
confidentiality set forth in Clause 3.3 hereof, (iii) the Consultant’s obligation
to permit inspection, copying and auditing of its accounts and records set
forth in Clause 3.6 (ii) hereof, and any right or remedy which a Party may have under
this Agreement or the Applicable Law.

2.9.4 Cessation of Services

Upon termination of this Agreement by notice of either Party to the other pursuant
to Clauses 2.9.1 or 2.9.2 hereof, the Consultant shall, immediately upon dispatch
or receipt of such notice, take all necessary steps to bring the Services to a close
in a prompt and orderly manner and shall make every reasonable effort to keep
expenditures for this purpose to a minimum. With respect to documents prepared
by the Consultant and equipment and materials furnished by the Authority, the
Consultant shall proceed as provided respectively by
Clauses 3.9 or 3.10 hereof.

2.9.5 Payment upon Termination

Upon termination of this Agreement pursuant to Clauses 2.9.1 or 2.9.2 hereof, the
Authority shall make the following payments to the Consultant (after offsetting
against these payments any amount that may be due from the Consultant to the
Authority):

(i) remuneration pursuant to Clause 6 hereof for Services satisfactorily


performed prior to the date of termination;

(ii) reimbursable expenditures pursuant to Clause 6 hereof for expenditures

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actually incurred prior to the date of termination; and

(iii) except in the case of termination pursuant to sub-clauses (a) through (e) of
Clause 2.9.1 hereof, reimbursement of any reasonable cost
incidental to the prompt and orderly termination of the Agreement
including the cost of the return travel of the Consultant’s personnel.
(iv) all the payments which will be eligible as part of clause 2.9.5 shall be
adjusted against the retention money as retained by the Authority in lieu of
performance assurance of the Consultant.

2.9.6 Disputes about Events of Termination

If either Party disputes whether an event specified in Clause 2.9.1 or in Clause


2.9.2 hereof has occurred, such Party may, within 30 (thirty) days after receipt of
notice of termination from the other Party, refer the matter to arbitration pursuant to
Clause 9 hereof, and this Agreement shall not be terminated on account of such
event except in accordance with the terms of any resulting Arbitral award.

3. OBLIGATIONS OF THE CONSULTANT

3.1 General

3.1.1 Standards of Performance

The Consultant shall perform the Services and carry out its obligations
hereunder with all due diligence, efficiency and economy, in accordance with
generally accepted professional techniques and practices, and shall observe sound
management practices, and employ appropriate advanced technology and safe
and effective equipment, machinery, materials and methods. The Consultant shall
always act, in respect of any matter relating to this Agreement or to the Services, as a
faithful adviser to the Authority, and shall at all times support and safeguard the
Authority's legitimate interests in any dealings with Sub-Consultants or Third Parties.

3.1.2 Terms of Reference

The scope of Services to be performed by the Consultant are specified in the


Terms of Reference (the “TOR”) at Annex-1 of this Agreement. The Consultant shall
provide the deliverables specified therein in conformity with the time schedule
stated therein.

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3.1.3 Applicable Laws

The Consultant shall perform the Services in accordance with the Applicable Laws
and shall take all practicable steps to ensure that any Sub-Consultant, as well as the
Personnel and agents of the Consultant and any Sub-Consultant, comply with the
Applicable Laws.

3.2 Conflict of Interest

3.2.1 The Consultant shall not have a Conflict of Interest and any breach hereof shall
constitute a breach of the Agreement.

3.2.2 Consultant and Affiliates not to be otherwise interested in the Project

The Consultant agrees that, during the term of this Agreement and after its
termination, the Consultant and any entity affiliated with the Consultant, as well as
any Sub-Consultant and any entity affiliated with such Sub-Consultant, shall be
disqualified from providing goods, works, services, loans or equity for any project resulting
from or closely related to the Services and any breach of this obligation shall amount
to a Conflict of Interest. For the avoidance of doubt, an entity affiliated with the
Consultant shall include a partner in the Consultant s firm or a
person who holds more than 5% (five per cent) of the subscribed and paid up
share capital of the Consultant, as the case may be, and any Associate thereof.

3.2.3 Prohibition of conflicting activities

Neither the Consultant nor its Sub-Consultant nor the Personnel of either of them shall
engage, either directly or indirectly, in any of the following activities:

(a) during the term of this Agreement, any business or professional


activities which would conflict with the activities assigned to them under this
Agreement;

(b) after the termination of this Agreement, such other activities as may be
specified in the Agreement; or

(c) at any time, such other activities as have been specified in the RFP as
Conflict of Interest.

3.2.4 Consultant not to benefit from commissions, discounts, etc.

The remuneration of the Consultant pursuant to Clause 6 hereof shall

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constitute the Consultant’s sole remuneration in connection with this


Agreement or the Services and the Consultant shall not accept for its own benefit
any trade commission, discount or similar payment in connection with activities
pursuant to this Agreement or to the Services or in the discharge of its obligations
hereunder, and the Consultant shall use its best efforts to ensure that any Sub-
Consultant, as well as the Personnel and agents of either of them, similarly shall
not receive any such additional remuneration.

3.2.5 The Consultant and its Personnel shall observe the highest standards of ethics and
have not engaged in and shall not hereafter engage in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive
practice (collectively the “Prohibited Practices”). Notwithstanding anything to the
contrary contained in this Agreement, the Authority shall be entitled to terminate
this Agreement forthwith by a communication in writing to the Consultant,
without being liable in any manner whatsoever to the Consultant, if it determines that
the Consultant has, directly or indirectly or through an agent, engaged in any
Prohibited Practices in the Selection Process or before or after entering into of this
Agreement. In such an event, the Authority shall forfeit and appropriate the
performance security, if any, as mutually agreed genuine pre- estimated
compensation and damages payable to the Authority towards, inter alia, time, cost
and effort of the Authority, without prejudice to the Authority’s any other rights or
remedy hereunder or in law.

3.2.6 Without prejudice to the rights of the Authority under Clause 3.2.5 above and the
other rights and remedies which the Authority may have under this
Agreement, if the Consultant is found by the Authority to have directly or
indirectly or through an agent, engaged or indulged in any Prohibited
Practices, during the Selection Process or before or after the execution of this
Agreement, the Consultant shall not be eligible to participate in any tender or RFP
issued during a period of 2 (two) years from the date the Consultant is found by
the Authority to have directly or indirectly or through an agent, engaged or indulged
in any Prohibited Practices.

3.2.7 For the purposes of Clauses 3.2.5 and 3.2.6, the following terms shall have the
meaning hereinafter respectively assigned to them:

(a) “corrupt practice” means the offering, giving, receiving or soliciting,


directly or indirectly, of anything of value to influence the actions of any
person connected with the Selection Process (for removal of doubt, offering of
employment or employing or engaging in any manner whatsoever, directly or

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indirectly, any official of the Authority who is or has been


associated in any manner, directly or indirectly with Selection Process or
LOA or dealing with matters concerning the Agreement before or after the
execution thereof, at any time prior to the expiry of one year from the date
such official resigns or retires from or otherwise ceases to be in the service
of the Authority, shall be deemed to constitute influencing the actions
of a person connected with the Selection Process); or (ii) engaging in
any manner whatsoever, whether during the Selection Process or after the
issue of LOA/LOA or after the execution of the Agreement, as the case may
be, any person in respect of any matter relating to the Project or the
LOA/LOA or the Agreement, who at any time has been or is a legal,
financial or technical adviser the Authority in relation to any matter concerning the
Project;

(b) “fraudulent practice” means a misrepresentation or omission of facts or


suppression of facts or disclosure of incomplete facts, in order to
influence the Selection Process;

(c) “coercive practice” means impairing or harming, or threatening to


impair or harm, directly or indirectly, any person or property to
influence any person s participation or action in the Selection Process or the
exercise of its rights or performance of its obligations by the
Authority under this Agreement;

(d) “undesirable practice” means (i) establishing contact with any person
connected with or employed or engaged by the Authority with the
objective of canvassing, lobbying or in any manner influencing or
attempting to influence the Selection Process; or (ii) having a Conflict of
Interest; and

(e) “restrictive practice” means forming a cartel or arriving at any


understanding or arrangement among Applicants with the objective of restricting
or manipulating a full and fair competition in the Selection Process.

3.3 Confidentiality

The Consultant, its Sub-Consultants and the Personnel of either of them shall not,
either during the term or within two years after the expiration or termination
of this Agreement disclose any proprietary information, including information relating to
reports, data, drawings, design software or other material, whether written or

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oral, in electronic or magnetic format, and the contents thereof; and any reports,
digests or summaries created or derived from any of the foregoing that is provided by
the Authority to the Consultant, its Sub- Consultants and the Personnel; any
information provided by or relating to the Authority, its technology, technical
processes, business affairs or finances or any information relating to the Authority s
employees, officers or other professionals or suppliers, customers, or contractors of the
Authority; and any other information which the Consultant is under an obligation to
keep confidential in relation to the Project, the Services or this Agreement
("Confidential Information"), without the prior written consent of the Authority.

Notwithstanding the aforesaid, the Consultant, its Sub-Consultants and the


Personnel of either of them may disclose Confidential Information to the
extent that such Confidential Information:

(i) was in the public domain prior to its delivery to the Consultant, its Sub-
Consultants and the Personnel of either of them or becomes a part of
the public knowledge from a source other than the Consultant, its Sub-
Consultants and the Personnel of either of them;

(ii) was obtained from a third party with no known duty to maintain its
confidentiality;

(iii) is required to be disclosed by Law or judicial or administrative or


arbitral process or by any Governmental Instrumentalities, provided that for
any such disclosure, the Consultant, its Sub-Consultants and the Personnel
of either of them shall give the Authorit y, prompt written notice, and
use reasonable efforts to ensure that such disclosure
is accorded confidential treatment;

(iv) is provided to the professional advisers, agents, auditors or


representatives of the Consultant or its Sub-Consultants or Personnel of either
of them, as is reasonable under the circumstances; provided, however,
that the Consultant or its Sub-Consultants or Personnel of either of them,
as the case may be, shall require their professional advisers, agents,
auditors or its representatives, to undertake in writing to keep such Confidential
Information, confidential and shall use its best efforts to ensure compliance
with such undertaking.

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3.4 Liability of the Consultant

3.4.1 The Consultant’s liability under this Agreement shall be determined by the
Applicable Laws and the provisions hereof.

3.4.2 Consultant’s liability towards the Authority

The Consultant shall, subject to the limitation specified in Clause 3.4.3, be liable to the
Authority for any direct loss or damage accrued or likely to accrue due to deficiency in
Services rendered by it.

3.4.3 The Parties hereto agree that in case of negligence or willful misconduct on the part
of the Consultant or on the part of any person or firm acting on behalf of the Consultant
in carrying out the Services, the Consultant, with respect to damage caused to the
Authority s property, shall not be liable to the Authority:

(i) for any indirect or consequential loss or damage; and

(ii) for any direct loss or damage that exceeds (a) the Agreement Value set forth in
Clause 6.1.2 of this Agreement, or (b) the proceeds the Consultant may be entitled
to receive from any insurance maintained by the Consultant to cover such a liability in
accordance with Clause 3.5.2, whichever of (a) or (b) is higher.

This limitation of liability shall not affect the Consultant’s liability, if any, for damage to
Third Parties caused by the Consultant or any person or firm acting on behalf of the
Consultant in carrying out the Services.

3.5 Insurance to be taken out by the Consultant

3.5.1 (a) The Consultant shall take out and maintain, and shall cause any Sub-
Consultant to take out and maintain, at its (or the Sub-Consultant s, as the case
may be) own cost but on terms and conditions approved by the Authority,
insurance against the risks, and for the coverage, as shall be specified in the
Agreement and in accordance with good industry
practice.

(b) Within 15 (fifteen) days of receiving any insurance policy certificate in


respect of insurances required to be obtained and maintained under this
clause, the Consultant shall furnish to the Authority, copies of such policy
certificates, copies of the insurance policies and evidence that the insurance
premium have been paid in respect of such insurance. No insurance shall
be cancelled, modified or allowed to expire or lapse during the term of this
Agreement.
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(c) If the Consultant fails to effect and keep in force the aforesaid insurances for which
it is responsible pursuant hereto, the Authority shall, apart from having other
recourse available under this Agreement, have the option, without prejudice to
the obligations of the Consultant, to take out the aforesaid insurance, to keep
in force any such insurances, and pay such premia and recover the costs
thereof from the Consultant, and the Consultant shall be liable to pay
such amounts on demand by the Authority.

(d) Except in case of Third Party liabilities, the insurance policies so


procured shall mention the Authority as the beneficiary of the Consultant and the
Consultant shall procure an undertaking from the insurance
company to this effect; provided that in the event the Consultant has a
general insurance policy that covers the risks specified in this Agreement and the
amount of insurance cover is equivalent to 3 (three) times the cover required
hereunder, such insurance policy may not mention the Authority as the sole
beneficiary of the Consultant or require an undertaking to that effect.

3.5.2 The Parties agree that the risks and coverage shall include but not be limited to the
following:

(a) Third Party liability insurance as required under Applicable Laws.

(b) Third Party liability insurance with a minimum coverage of the contract value i.e.
Rs. _ cr. (Rs. crore) for the period of this Agreement.

(c) The indemnity limit in terms of “Any One Accident” (AOA) and
“Aggregate limit on the policy period” (AOP) should not be less than the
amount stated in Clause 6.1.2 of the Agreement.

(d) Employer’s liability and workers’ compensation insurance in respect of the


Personnel of the Consultant and of any Sub-Consultant, in
accordance with the relevant provisions of the Applicable Law, as well as,
with respect to such Personnel, any such life, health, accident, travel or other
insurance as may be appropriate; and all insurances and policies should start
no later than the date of commencement of Services and remain effective as
per relevant requirements of the Agreement.

3.6 Accounting, inspection and auditing

The Consultant shall:

(a) keep accurate and systematic accounts and records in respect of the

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Services hereunder, in accordance with internationally accepted


accounting principles and in such form and detail as will clearly
identify all relevant time charges and cost, and the basis thereof
(including the basis of the Consultant’s costs and charges); and

(b) permit the Authority or its designated representative periodically, and up to


one year from the expiration or termination of this Agreement, to inspect the
same and make copies thereof as well as to have them audited by auditors
appointed by the Authority.

3.7 Consultant’s actions requiring the Authority's prior approval

The Consultant shall obtain the Authority's prior approval in writing before taking any
of the following actions:

(a) appointing such members of the Professional Personnel as are not listed in
Annex–2.

(b) entering into a subcontract for the performance of any part of the
Services, it being understood (i) that the selection of the Sub-
Consultant and the terms and conditions of the subcontract shall have been
approved in writing by the Authority prior to the execution of the subcontract, and
(ii) that the Consultant shall remain fully liable for the performance of the
Services by the Sub-Consultant and its Personnel pursuant to this
Agreement; or

(c) any other action that may be specified in this Agreement.

3.8 Reporting obligations

The Consultant shall submit to the Authority the reports and documents
specified in the Agreement, in the form, in the numbers and within the time
periods set forth therein.

3.9 Documents prepared by the Consultant to be property of the Authority

3.9.1 All plans, drawings, specifications, designs, reports and other documents
prepared by the Consultant in performing the Services shall become and
remain the property of the Authority, and the Consultant shall, not later than termination
or expiration of this Agreement, deliver all such documents to any other
Authority/parties.

3.9.2 The Consultant shall not use these documents for purposes unrelated to this
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Agreement without the prior written approval of the Authority.

3.10 Equipment and materials furnished by the Authority

Equipments and materials, if any, made available to the Consultant by the


Authority shall be the property of the Authority and shall be marked accordingly. Upon
termination or expiration of this Agreement, the Consultant shall
furnish forthwith to the Authority, an inventory of such equipment and materials and
shall dispose of such equipment and materials in accordance with the
instructions of the Authority. While in possession of such equipment and
materials, the Consultant shall, unless otherwise instructed by the Authority in
writing, insure them in an amount equal to their full replacement value.

3.11 Providing access to Project Office and Personnel

The Consultant shall ensure that the Authority, and officials of the Authority having
authority from the Authority, are provided unrestricted access to the Project Office
and to all Personnel during office hours. The Authority’s any such official shall have
the right to inspect the Services in progress, interact with Personnel of the
Consultant and verify the records for his satisfaction.

3.12. Accuracy of Documents

The Consultant shall be responsible for accuracy of the data collected by it directly
or procured from other agencies/authorities, the designs, drawings,
estimates and all other details prepared by it as part of these services. Subject to the
provisions of Clause 3.4, it shall indemnify the Authority against any
inaccuracy in its work which might surface during implementation of the
Project, if such inaccuracy is the result of any negligence or inadequate due
diligence on part of the Consultant or arises out of its failure to conform to good
industry practice. The Consultant shall also be responsible for promptly
correcting, at its own cost and risk, the drawings including any re-survey / investigations.

4 CONSULTANTS PERSONNEL AND SUB-CONSULTANTS

4.1 General

The Consultant shall employ and provide such qualified and experienced
Personnel as may be required to carry out the Services.

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4.2 Deployment of Personnel

4.2.1 The designations, names and the estimated periods of engagement in carrying out
the Services by each of the Consultant’s Personnel are described in Annex-2 of this
Agreement. The estimate of Personnel costs and manday rates are specified in
Annex-3 of this Agreement.

4.2.2 Adjustments with respect to the estimated periods of engagement of Personnel set forth
in the aforementioned Annex-3 may be made by the Consultant by written notice to
the Authority, provided (i) that such adjustments shall not alter the
originally estimated period of engagement of any individual by more than 20%
(twenty percent) or one week, whichever is greater, and (ii) that the aggregate of such
adjustments shall not cause payments under the Agreement to exceed the Agreement
Value set forth in Clause 6.1.2 of this Agreement. Any other adjustments shall
only be made with the written approval of the Authority.

4.2.3 If additional work is required beyond the scope of the Services specified in the
Terms of Reference, the estimated periods of engagement of Personnel, set forth
in the Annexes of the Agreement may be increased by agreement in writing
between the Authority and the Consultant, provided that any such
increase shall not, except as otherwise agreed, cause payments under this
Agreement to exceed the Agreement Value set forth in Clause 6.1.2.

4.3 Approval of Personnel

4.3.1 The Professional Personnel listed in Annex-2 of the Agreement are hereby
approved by the Authority. No other Professional Personnel shall be engaged
without prior approval of the Authority.

4.3.2 If the Consultant hereafter proposes to engage any person as Professional


Personnel, it shall submit to the Authority its proposal along with a CV of such
person . The Authority may approve or reject such proposal within 14 (fourteen) days
of receipt thereof. In case the proposal is rejected, the Consultant may propose an
alternative person for the Authority’s consideration. In the event the Authority does not
reject a proposal within fourteen (14) days of the date of receipt thereof under this
Clause 4.3, it shall be deemed to have been approved by the Authority.

4.4 Substitution of Key Personnel

The Authority expects all the Key Personnel specified in the Proposal to be
available during implementation of the Agreement. The Authority will not

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consider any substitution of Key Personnel except under compelling


circumstances beyond the control of the Consultant and the concerned Key
Personnel. Such substitution shall be limited to not more than two Key
Personnel subject to equally or better qualified and experienced personnel being
provided to the satisfaction of the Authority. Substitution of 20% of the Key Personnel
shall be permitted subject to reduction of remuneration equal to 10% (ten percent) of
the total remuneration specified for the Key Personnel who is proposed to be
substituted. In case of a second substitution, such reduction would be equal to 20%
(twenty per cent) of the total remuneration specified for the Key Personnel who is
proposed to be substituted. Substitution of the Key Personnel beyond 20% is not
permitted unless otherwise warranted in the interest of work and subject to prior approval
of competent authority.

4.5 Working hours, overtime, leave, etc.

The Personnel shall not be entitled to be paid for overtime nor to take paid sick leave
or vacation leave except as specified in the Agreement, and the Consultant’s
remuneration shall be deemed to cover these items. All leave to be allowed to the
Personnel is excluded from the mandays of service set forth in Annex-2. Any taking
of leave by any Personnel for a period exceeding 7 days shall be subject to the
prior approval of the Authority, and the Consultant shall ensure that any absence on
leave will not delay the progress and quality of the Services.

4.6 Team Leader and Project Manager

The person designated as the Team Leader of the Consultant’s Personnel shall be
responsible for the coordinated, timely and efficient functioning of the
Personnel. In addition, the Consultant shall designate a suitable person as
Project Manager (the “Project Manager”) who shall be responsible for day to day
performance of the Services.

4.7 Sub-Consultants

Sub-Consultants listed in Annex-4 of this Agreement are hereby approved by the


Authority. The Consultant may, with prior written approval of the Authority,
engage additional Sub-Consultants or substitute an existing Sub- Consultant. The
hiring of Personnel by the Sub-Consultants shall be subject to the same conditions
as applicable to Personnel of the Consultant under this Clause 4.

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5. OBLIGATIONS OF THE AUTHORITY

5.1 Assistance in clearances etc.

Unless otherwise specified in the Agreement, the Authority shall make best efforts
to ensure that the Government shall:

(a) provide the Consultant, its Sub-Consultants and Personnel with work
permits and such other documents as may be necessary to enable the
Consultant, its Sub-Consultants or Personnel to perform the Services;

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

5.2 Access to land and property

The Authority warrants that the Consultant shall have, free of charge,
unimpeded access to the site of the project in respect of which access is
required for the performance of Services; provided that if such access shall not be
made available to the Consultant as and when so required, the Parties shall agree
on (i) the time extension, as may be appropriate, for the
performance of Services, and (ii) the additional payments, if any, to be made to the
Consultant as a result thereof pursuant to Clause 6.1.3.

5.3 Change in Applicable Law

If, after the date of this Agreement, there is any change in the Applicable Laws with
respect to taxes and duties which increases or decreases the cost or
reimbursable expenses incurred by the Consultant in performing the Services, by an
amount exceeding 10% (ten per cent) of the Agreement Value specified in Clause
6.1.2, then the remuneration and reimbursable expenses otherwise payable
to the Consultant under this Agreement shall be increased or decreased
accordingly by agreement between the Parties hereto, and
corresponding adjustments shall be made to the aforesaid Agreement Value.

5.4 Payment

In consideration of the Services performed by the Consultant under this


Agreement, the Authority shall make to the Consultant such payments and in such
manner as is provided in Clause 6 of this Agreement.

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6. PAYMENT TO THE CONSULTANT

6.1 Cost estimates and Agreement Value


6.1.1 An abstract of the cost of the Services payable to the Consultant is set forth in Annex-5 of the
Agreement.

6.1.2 Except as may be otherwise agreed under Clause 2.6 and subject to Clause 6.1.3,
the payments under this Agreement shall not exceed the agreement value specified
herein (the “Agreement Value”). The Parties agree that the Agreement Value is Rs.
………. (Rs. …………………….),

6.1.3 Notwithstanding anything to the contrary contained in Clause 6.1.2, if


pursuant to the provisions of Clauses 2.6 and 2.7, the Parties agree that
additional payments shall be made to the Consultant in order to cover any
additional expenditures not envisaged in the cost estimates referred to in
Clause 6.1.1 above, the Agreement Value set forth in Clause 6.1.2 above shall be
increased by the amount or amounts, as the case may be, of any such
additional payments.
6.1.4 If, The architectural design is applicable as given in the first place at any other place
which does not require any change in architecture, it will be treated as repeat design and
repeat design rates will be applicable. The repeat design rate will be 10% of the fresh
design.

6.2 Currency of payment

All payments shall be made in Indian Rupees..

6.3 Mode of billing and payment

Billing and payments in respect of the Services shall be made as follows:-

(a) Not Used.

(b) Not Used.

(c) The Consultant shall be paid for its services as per the Payment
Schedule at Annex-6 of this Agreement, subject to the Consultant
fulfilling the following conditions:

(i) No payment shall be due for the next stage till the Consultant
completes to the satisfaction of the Authority the work
pertaining to the preceding stage.

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(ii) The Authority shall pay to the Consultant, only the undisputed
amount.

(c) The Authority shall cause the payment due to the Consultant to be made
within 45 (forty five) days after the receipt by the Authority of duly completed bills
with necessary particulars (the “Due Date”).

(d) The final payment under this Clause shall be made only after the final
report and a final statement, identified as such, shall have been
submitted by the Consultant and approved as satisfactory by the
Authority. The Services shall be deemed completed and finally
accepted by the Authority and the final report and final statement shall be deemed
approved by the Authority as satisfactory upon expiry of 90 (ninety) days
after receipt of the final report and final statement by the Authority unless
the Authority, within such 90 (ninety) day period, gives written notice to the
Consultant specifying in detail, the deficiencies in the Services, the final
report or final statement, as the case may be. The Consultant shall
thereupon promptly make any necessary corrections and/or
additions, and upon completion of such corrections or additions, the foregoing
process shall be repeated.

(e) Any amount which the Authority has paid or caused to be paid in
excess of the amounts actually payable in accordance with the
provisions of this Agreement shall be reimbursed by the Consultant to the
Authority within 30 (thirty) days after receipt by the Consultant of notice thereof.
Any such claim by the Authority for reimbursement must be made within 1 (one)
year after receipt by the Authority of a final report and a final statement in
accordance with Clause 6.3 (d). Any delay by the Consultant in
reimbursement by the due date shall attract simple interest @ 10% (ten
percent) per annum.

(f) All payments under this Agreement shall be made to the account of the
Consultant as may be notified to the Authority by the Consultant.

7. LIQUIDATED DAMAGES AND PENALTIES

7.1 Performance Security

7.1.1 The Performance Security shall be appropriated against breach of this Agreement
or for recovery of liquidated damages as specified in Clause 7.2 herein. The

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balance remaining out of the Performance Security shall be returned to the


Consultant at the end of three months after the expiration of this Agreement pursuant
to Clause 2.4 hereof.

7.1.2 Not Used.

7.2 Liquidated Damages

7.2.1 Liquidated Damages for error/variation

In case any error or variation is detected in the reports submitted by the


Consultant and such error or variation is the result of negligence or lack of due diligence
on the part of the Consultant, the consequential damages thereof shall be
quantified by the Authority in a reasonable manner and recovered from the Consultant
by way of liquidated damages, subject to a maximum of 10% (ten percent) of the
Agreement Value.

7.2.2 Liquidated Damages for delay

In case of delay in completion of Services, liquidated damages not exceeding an amount


equal to 0.2% (zero point two percent) of the total fess payable for the particular project
per day, subject to a maximum of 2 0% (twenty percent) of the Agreement Value
will be imposed and shall be recovered by appropriation from the Performance
Security or otherwise. However, in case of delay due to reasons beyond the control of
the Consultant, suitable extension of time shall be granted.

7.2.3 Encashment and appropriation of Performance Security

The Authority shall have the right to invoke and appropriate the proceeds of the
Performance Security, in whole or in part, without notice to the Consultant in the event
of breach of this Agreement or for recovery of liquidated damages specified in this
Clause 7.2.

7.3 Penalty for deficiency in Services

In addition to the liquidated damages not amounting to penalty, as specified in


Clause 7.2, warning may be issued to the Consultant for minor deficiencies on its part.
In the case of significant deficiencies in Services causing adverse effect on the
Project or on the reputation of the Authority, other penal action including debarring for a
specified period may also be initiated as per policy of the Authority.

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8. FAIRNESS AND GOOD FAITH

8.1 Good Faith

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

8.2 Operation of the Agreement

The Parties recognize that it is impractical in this Agreement to provide for every
contingency which may arise during the life of the Agreement, and the Parties
hereby agree that it is their intention that this Agreement shall operate fairly as between
them, and without detriment to the interest of either of them, and that, if during the
term of this Agreement either Party believes that this Agreement is operating unfairly,
the Parties will use their best efforts to agree on such action as may be necessary to
remove the cause or causes of such unfairness, but failure to agree on any action
pursuant to this Clause shall not give rise to a dispute subject to arbitration in
accordance with Clause 9 hereof.

9. SETTLEMENT OF DISPUTES

9.1 Amicable settlement

The Parties shall use their best efforts to settle amicably all disputes arising out of or in
connection with this Agreement or the interpretation thereof.

9.2 Dispute resolution

9.2.1 Any dispute, difference or controversy of whatever nature howsoever arising under
or out of or in relation to this Agreement (including its interpretation) between the
Parties, and so notified in writing by either Party to the other Party (the “Dispute”) shall,
in the first instance, be attempted to be resolved amicably in accordance with the
conciliation procedure set forth in Clause 9.3.

9.2.2 The Parties agree to use their best efforts for resolving all Disputes arising under
or in respect of this Agreement promptly, equitably and in good faith, and further agree
to provide each other with reasonable access during normal business hours to all non-
privileged records, information and data pertaining to any Dispute.

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9.3 Conciliation

In the event of any Dispute between the Parties, either Party may call upon Chief
Engineer, PIU, Gandhinagr and the Authorized Person of the Consultant for amicable
settlement, and upon such reference, the said persons shall meet no later than 10
(ten) days from the date of reference to discuss and attempt to amicably resolve
the Dispute. If such meeting does not take place within the 10 (ten) day period or
the Dispute is not
amicably settled within 15 (fifteen) days of the meeting or the Dispute is not
resolved as evidenced by the signing of written terms of settlement within 30
(thirty) days of the notice in writing referred to in Clause 9.2.1 or such longer period as
may be mutually agreed by the Parties, either Party may refer the Dispute to
arbitration in accordance with the provisions of Clause 9.4.

9.4 Arbitration

9.4.1 Any Dispute which is not resolved amicably by conciliation, as provided in


Clause 9.3, shall be finally decided by reference to arbitration by a Board of
Arbitrators appointed in accordance with Clause 9.4.2. Such arbitration shall be held
in accordance with the Rules of Arbitration of the International Centre for Alternative
Dispute Resolution, (the “Rules”), or such other rules as may be mutually agreed
by the Parties, and shall be subject to the provisions of the Arbitration and
Conciliation Act,1996. The venue of such arbitration shall be Gandhinagar, India and
the language of arbitration proceedings shall be English.

9.4.2 There shall be a Board of three arbitrators, of whom each Party shall select one, and
the third arbitrator shall be appointed by the two arbitrators so selected, and in the
event of disagreement between the two arbitrators, the appointment shall be made in
accordance with the Rules.

9.4.3 The arbitrators shall make a reasoned award (the “Award”). Any Award made in any
arbitration held pursuant to this Clause 9 shall be final and binding on the Parties as
from the date it is made, and the Consultant and the Government agree and undertake to
carry out such Award without delay.

9.4.4 The Consultant and the Authority agree that an Award may be enforced
against the Consultant and/or the Auhtority, as the case may be, and their
respective assets wherever situated.

9.4.5 This Agreement and the rights and obligations of the Parties shall remain in full
force and effect, pending the Award in any arbitration proceedings

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hereunder.

IN W ITNESS W HEREOF, the Parties hereto have caused this Agreement to be


signed in their respective names as of the day and year first above written.

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED For and
on behalf of For and on behalf of
PIU: Consultant:

(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
(Address) (Address) (Fax
No.) (Fax No.)

In the presence of:

1. 2.

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PROJECT IMPLEMENTATION UNIT


(PIU)
4th Floor, PIU/RDD/NHM Building,
Civil Hospital Compound
Sector-12,
Gandhinagar- 382 012

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