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Government of Gujarat
INVITES
FOR
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
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
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
Project Implementation Unit Page 4
Request For Proposal
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.
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.
1.1.4 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.
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.
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
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".
DATE TIME
Last Date of Submission of bid online (Bide Due Date) 13/11/2019 18.00 Hrs.
Physical form
intimated later
A. GENERAL
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
Project Implementation Unit Page 12
Request For Proposal
(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
2.1.12 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.
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.
OR
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.
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)
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.
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
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.
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)
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:
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.
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
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:
E-mail: piusec10@yahoo.com
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.
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.
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
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.
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.
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.
7. 1 Objective
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.
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
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.
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.
Preparation of project report for each type of health care facility and related buildings at
each site that will include
Executive summary
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.
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.
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:
Review of local traffic conditions, and analysis of how they affect site access, exiting, and
circulation.
Site visit
s, for visual assessment and photographs of both the actual site as well as its
surroundings.
Location on site, the Health and related facilities including support spaces.
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.
Technical input by engineering expertise in the field of electrical, sanitary and plumbing,
HVAC, equipment planning is required at this stage.
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.
Sanitary/plumbing (internal)
Equipment planning
Any other appropriate drawings required for execution shall have to be made as per project
requirements & following good engineering practices.
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.
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
due to faulty estimate. Further no consultancy fee will be paid for excess/extra
items which is occurred due to faulty estimate
Master planning as required by PIU with infrastructure related details for whole campus.
• Sanitary/plumbing (external)
• Site development (boundary wall, entrance gates, roads, pavements, paths, street
light)
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/-
DESIGN GUIDELINES
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.
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.
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.
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 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
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:
1 Up to 250 15,000
The design presentation in 3D will be given by consultant; no extra payment will be made.
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.
x. Time schedule
Sl Activities Timeline*
No (in days)
1 Site Inspection and Survey Report including characteristics, strengths, features, 7
access to site etc.
Note: Time limit mentioned will be exclusive of the time consumed in the approvals from the
department.
7.6.1. The consultants are advised to inspect the concerned project stretch and
acquaint themselves with the ground realities.
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
SECTION: 8
Annexures
Ref. Date:
To,
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
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)
Designation :
Submitted)
1 Covering Letter
2 Details of Bidder
11 Price Bid Letter and submissions in line NOT Price bid will be
with the RFP requirements submitted online only.
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:
(a) Name:
(b) Designation:
(c) Address:
(d) Phone Number:
(e) Fax Number:
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:
Project Size (both in terms of built up area in sq.mts and project cost)
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.
Designation:
Name of firm:
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).
Ref. Date:
To,
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
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.
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:
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
.
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.
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.
1.
2.
3.
4.
5.
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.
Annexure XIV: COMPOSITION OF THE TEAM PERSONNEL AND THE TASK WHICH
WOULD BE ASSIGNED TO EACH TEAM MEMBER
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
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:
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
[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
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.
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).
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.
SIGNATURE
NAME
DESIGNATION
DATE
Annexure-XVII
Format of Self attested confirmation
DEPONENT
VERIFICATION
DEPONENT
Issued by:
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
(E) in pursuance of the LOA and its subsequent acceptance by the Consultant, the
1. GENERAL
1.1.1 The words and expressions beginning with capital letters and defined in this
Agreement shall, unless the context otherwise requires, have the meaning
hereinafter respectively 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;
(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;
(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
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.
1.5 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.
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:
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.
Deleted
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
The Chief Engineer, Project Implementation Unit, P.G.Hostel, Nr. Nursing College, Civil
Hospital Compound Sector-12, Gandhinagar- 382 012
----------------------------------------------------------------------------------------
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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.
This Agreement shall come into force and effect on the date of this Agreement
(the “Effective Date”).
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.
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
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.
2.5.1 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.
2.7.1 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
Project Implementation Unit Page 81
Request For Proposal
(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.
The failure of a Party to fulfill any of its obligations hereunder shall not be
considered to be a breach of, or default under, this Agreement insofar as such
inability arises from an event of Force Majeure, provided that the Party
affected by such an event has taken all reasonable precautions, due care and
reasonable alternative measures, all with the objective of carrying out the terms
and conditions of this Agreement.
(a) A Party affected by an event of Force Majeure shall take all reasonable
measures 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.
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.
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.
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
(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;
(g) the Authority, in its sole discretion and for any reason whatsoever,
decides to terminate this Agreement.
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;
(d) the Authority fails to comply with any final decision reached as a result of
arbitration pursuant to Clause 9 hereof.
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.
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):
(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.
3.1 General
The Consultant shall perform the Services and carry out its obligations
hereunder with all due diligence, efficiency and economy, in accordance with
generally accepted professional techniques and practices, and shall observe sound
management practices, and employ appropriate advanced technology and safe
and effective equipment, machinery, materials and methods. The Consultant shall
always act, in respect of any matter relating to this Agreement or to the Services, as a
faithful adviser to the Authority, and shall at all times support and safeguard the
Authority's legitimate interests in any dealings with Sub-Consultants or Third Parties.
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.
3.2.1 The Consultant shall not have a Conflict of Interest and any breach hereof shall
constitute a breach of the Agreement.
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.
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:
(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.
3.2.5 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:
(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
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
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.
(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;
3.4.1 The Consultant’s liability under this Agreement shall be determined by the
Applicable Laws and the provisions hereof.
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:
(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.
3.5.1 (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.
(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.
3.5.2 The Parties agree that the risks and coverage shall include but not be limited to the
following:
(b) Third Party liability insurance with a minimum coverage of 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.
(a) keep accurate and systematic accounts and records in respect of the
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
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.
3.9.1 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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Request For Proposal
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.
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.
4.1 General
The Consultant shall employ and provide such qualified and experienced
Personnel as may be required to carry out the Services.
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.
4.3.1 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.
The Authority expects all the Key Personnel specified in the Proposal to be
available during implementation of the Agreement. The Authority will not
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.
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
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.
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.
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
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. …………………….),
(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.
(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.
7.1.1 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
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.
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.
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
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.
9.2.1 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.
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
9.4.2 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
hereunder.
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.)
1. 2.