corporation gurgaon for the purpose of planning, designing of...

EIO Document for Empanelment of Consultants for Municipal Corporation Gurgaon, Haryana

1

Request for Proposal (RFP)

Municipal Corporation, Gurgaon

“Empanelment of Consultant with MunicipalCorporation Gurgaon for the purpose ofplanning, Designing of Infrastructures

Development i.e. Road, water Supply, StormWater Drainage, Street Light Electrification

and Horticulture Works etc.”

MUNICIPAL CORPORATION GURGAONC-1, INFO CITY, SECTOR 34GURGAON - 122001www.mcg.gov.in


1








1








2

Table of Contents

S.No. Items Page No.

1. Disclaimer 3-4

2. Section – I: Notice for Inviting Expression of interest (EOI) & PressNote

5-8

3. Section - II: Instruction to Bidders (ITB) 9 - 30

4. Terms of Reference 31 – 32

5. Section III: General Condition of the Contract (GCC) 33 - 36

6. Section IV: Technical & Financial Proposal Formats 37 – 59

7. Section V: Draft Agreement 60 – 62


3

DISCLAIMER

The information contained in this Request for Proposal (RFP) document or subsequently provided to Consultants,whether verbally or in documentary form by or on behalf of Municipal Corporation Gurgaon - MCG (Client) or any ofits employees or advisors, is provided to Consultants on the terms and conditions set out in this RFP document and anyother terms and conditions subject to which such information is provided.This RFP document is not an offer or invitation to any other party. The purpose of this RFP document is to provide theConsultants, to whom it is issued, with information to assist the formulation of their Proposal submission. This RFPdocument does not purport to contain all the information each Consultant may require. This RFP document may not beappropriate for all persons and it is not possible for Client and their employees or advisors to consider the objectives,financial situation and particular needs of each Consultant. Certain Consultants may have a better knowledge of theproposed project than others. Each recipient must conduct its own analysis, to check the accuracy, adequacy, correctnessand reliability of the information contained in this RFP and is advised to carry out its own investigation into theproposed project, the legislative and regulatory regimes which apply thereto and all matters pertinent to the proposedproject and to seek its own professional advice on the legal, financial, regulatory and taxation consequences of enteringinto any agreement or arrangement relating to the proposed project. Client and their employees and advisors make norepresentation or warranty and shall incur no liability under the Law of Contract, Tort, the Principles of Restitution orunjust enrichment or otherwise for any loss, expense or damage, which may arise from or be incurred or suffered inconnection with 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 orany matter deemed to form part of this RFP, the award of the Project and any other information supplied by or onbehalf of Client or their employees, advisors / consultants or otherwise arising in any way from the selection process forthe Project. Client may in its absolute discretion, but without being under any obligation to do so, amend or supplementthe information in this RFP document. The information that Client is in a position to furnish is limited to this RFP andthe information available at the contact addresses given in Terms of Reference, along with any amendments/clarifications thereon.This RFP and the information contained herein are confidential and for use only by the person to whom it is issued. Itmay not be copied or distributed by the recipient to third parties (other than, in confidence to the recipient'sprofessional advisor). In the event that the recipient does not continue with the involvement in the project in accordancewith this RFP, the information contained in the RFP shall not be divulged to any other party. The informationcontained in the RFP must be kept confidential. Mere submission of a responsive Bid does not ensure selection of theConsultant as Successful Consultant. The Client reserves the right to reject all or any of the Bidders or Bids withoutassigning any reason whatsoever. The Client reserves all the rights to cancel, terminate, change or modify this selectionprocess and/or requirements of bidding stated in the RFP, at any time

Without assigning any reason or providing any notice and without accepting any liability for the same. The Consultantshall bear all its costs associated with or relating to the preparation and submission of its Bid including but not limitedto preparation, copying, postage, delivery fees, expenses associated with any demonstrations or presentations whichmay be required by the Client or any other costs incurred in connection with or relating to its Bid. All such costs andexpenses shall remain the sole responsibility of the Consultant and the Client shall not be liable in any mannerwhatsoever for the same or for any other costs or other expenses incurred by an Consultant in preparation or submissionof the Bid, regardless of the conduct or outcome of the Bidding Process.


4

PRESS NOTICE

Municipal Corporation GurgaonNotice Inviting Tender

No. ________________ Dated:_____________

1. Online bids are hereby invited on behalf of Commissioner MCG for the works mentioned below:-

Name of Work: “Empanelment of Consultant with Municipal Corporation Gurgaon for thepurpose of planning, Designing of Infrastructures Development i.e. Road, water Supply, StormWater Drainage, Street Light Electrification and Horticulture Works etc.”

Earnest Money inRs.

Time Limitin Years

TenderDocumentFee in Rs.

During date & Time

Downloading ofTender Document

and online bidpreparation / hashSubmission Date &

Time

Submission of online bid (Re-Encryption of Bids)

Date & time

10000 3 Years 1000 26.08.2016 Upto12.00 Hrs

26.08.2016 Upto12.00 Hrs

1. Tender will be opened on dated 31.08.2016 from 09:00 AM to 18:00 PM2. The detail tender notice can be seen on website: http://mcg.gov.in3. Possession of Digital Signature Certificate (DSC) and registration of the bidders on the portal i.e.

http://mcg.etenders.in is a prerequisite for e-tendering. Kindly contact O/o Nextenders (India) Pvt.Ltd., O/o Municipal Corporation Faridabad, B.K. Chock, NIT Faridabad. Contact persons : Sh. SanjayKumar 08743042801For any other queries, please contact Executive Engineer-III, Municipal Corporation Gurgaon Tel.(M) 09821395208 Address: Plot No. C-1, Infocity, Sector-34, Gurgaon.

4. The Earnest Money will be submitted through Online payment or deposited in MCG through G-8 inCFC Branch Municipal Corporation Gurgaon. Demand Draft will not be accepted in any case.For further details and e-tendering schedule, visit website http://mcg.etenders.in

For & on behalf of Commissioner MCG

Sd/-

Executive Engineer-IIIMunicipal Corporation,Gurgaon


5

MUNICIPAL CORPORATION GURGAON

NOTICE INVITING E-TENDER

Online bids are hereby invited for the following work:-

Name of Work: “Empanelment of Consultant with Municipal Corporation Gurgaon for the purpose of planning,Designing of Infrastructures Development i.e. Road, water Supply, Storm Water Drainage, Street LightElectrification and Horticulture Works etc.”

EarnestMoney inRs.

Time Limitin Years

TenderDocument Fee inRs.

Downloading of TenderDocument and online bidpreparation / hashSubmission Date & Time

Submission of online bid(Re-Encryption of Bids)

Date & time

10000 3 Years 1000 26.08.2016 Upto12.00 Hrs

26.08.2016 Upto12.00 Hrs

a) Tender documents can be downloaded online from the Portal: http://mcg.etenders.in by the Firms / Individual registered on the Portal.

b) As the Bids are to be submitted online and are required to be encrypted and digitally signed, the Bidders are advised to obtain Digital

Signature Certificate (DSC) at the earliest. For obtaining Digital Certificate, the Bidders should follow Point No.- 2 under “Annexure-

A” Conditions of e-tendering.


6

c) Key Dates

Sr. No. MCG State Bidder Stage Start Date andTime

Expiry Dateand Time

1 Release of Tender document 17-08-201601:00 Hrs.

17-08-201617:00 Hrs.

2 - Downloading of Tender Documentsalong with Tender fees

17-08-201617:01 Hrs.

26-08-201612:00 Hrs.

3 - Online Bid Preparation & HashSubmission

17-08-201617:01 Hrs.

26-08-201612:00 Hrs.

4 Pre-bid Meeting - 19.08.201611:00 Hrs.

19.08.201612:00 Hrs.

5 Technical & Financial Lock - 26-08-201612:01 Hrs.

27-08-201612:00 Hrs.

6 - Re-Encryption of Online Bids 27-08-201612:01 Hrs.

29-08-201612:00 Hrs.

7 Open EMD & Technical/PQ Bid - 29-08-201612:01 Hrs.

31-08-201618:00 Hrs.

8 Eligibility criteria evaluation - 29-08-201612:01 Hrs.

31-08-201618:00 Hrs.

9 Open Financial/Price-Bid - 29-08-201612:01 Hrs.

31-08-201618:00 Hrs.

Note:-Pre-Bid Meeting will be held on 19.08.2016 at 11:00 am in Conference Hall, Plot No. C-1, Infocity, 3rd Floor, Sector-34,Gurgaon.

d) The Bidders can download the tender documents from the Portal: http://mcg.etenders.in. Tender Documents Fees has to be

paid online through payment gateway during the “Online Bid Preparation & Hash Submission” stage

Willing Bidders shall have to pay the Tender Document Fees through payment gateway during the “Online Bid

Preparation & Hash Submission” stage. However, the details of the EMD are required to be filled at the time of Bid

Preparation and Hash Submission Stage; the Bidders are required to keep the EMD details ready beforehand.

e) The tender shall be submitted by the bidder in the following two separate envelops online:

1. Earnest Money and all the documents

In support of eligibility criteria - Envelope ‘T1’

2. Price Bid - Envelope ‘C1’

Reference of the EMD is to be mentioned online

In the first instance, the Envelop – ‘T1’ of all the Bidders containing the statement of Earnest Money and documents supporting

eligibility criteria shall be opened online. If the Earnest Money and eligibility of bidder is found proper, the Envelop ‘C1’

containing financial bids shall be opened online in the presence of such bidders who either themselves or through their

representatives choose to be present. The financial bid shall be opened only if the bidders meet the eligibility criteria as per the Bid

document.


7

Envelope ‘T1’ – Earnest Money Deposit and eligibility criteria Envelope

Physical Technical Envelope – Photocopies in support of eligibility criteria and photocopy of document of transaction made in

support of deposit of Earnest Money.

Online Technical Envelope—Reference details of the Earnest Money Deposit instrument and scanned copy of documents

supporting deposition of EMD and eligibility criteria.

Envelope ‘CI’ – Price Bid Envelope

To be submitted mandatory online- “Information related to Price Bid of the Tender”.

The bidder can submit their tender documents as per the dates mentioned in the schedule above.

CONDITIONS:-

1. EMD of Societies @ 1% of DNIT Cost and Others bidder shall submit full Earnest Money

2. Conditional tenders will not be entertained & are liable to be rejected.

3. The undersigned reserves the right to reject any tender or all the tenders without assigning any reason.

4. The societies shall upload & produce a copy of the resolution authorizing the person to file the tender from the Co-Operative

department for e-tendering.

5. The tender without earnest money payment will not be opened.

6. The jurisdiction of court will be at Gurgaon.

7. The tender of the bidder who does not satisfy the eligibility criteria in the bid documents will be rejected summarily without

assigning any reason and no claim whatsoever on this account will be considered.

8. Bids shall be valid for 3 months from the date of expiry of online “Re-Encryption of online Bids” stage. The bid for the work

shall remain open for acceptance during the bid validity period to be reckoned from the expiry date of “Re-Encryption of

online Bids” stage. If any bidder withdraws his bid during bid validity period, any modifications in the terms and conditions of

the bid, the said earnest money shall stand forfeited.

For & on behalf of Commissioner MCG

Sd/-Executive Engineer-III,Municipal Corporation,Gurgaon

.CONDITIONS OF E-TENDERING

Instruction to Bidder on Electronic Tendering

These conditions will over-rule the conditions stated in the tender documents, wherever relevant and applicable.

1. Registration of bidders on E-tendering Portal:-

All the Bidders intending to participate in the tenders processed online are required to get registered on the Electronic TenderingSystem on the Portal http://mcg.etenders.in.For more details, please see the information on the Registration info link on the home

page.

2. Obtaining a Digital Certificate:


8

2.1 The Bids submitted online should be encrypted and signed electronically with a Digital Certificate to establish the identity ofthe bidder bidding online. These Digital Certificates are issued by an Approved Certifying Authority, by the Controller of

Certifying Authorities, Government of India.

2.2 A Digital Certificate is issued upon receipt of mandatory identity (i.e. Applicant’s PAN Card) and Address proofs andverification form duly attested by the Bank Manager/ Charted Accountant/ Any Gazatted Officer whose stamp carrying

emblem of Ashoka. Only upon the receipt of the required documents, a digital certificate can be issued.

2.3 The bidders may obtain Class-II digital certificate from any Certifying Authority or Sub-certifying Authority authorized bythe Controller of Certifying Authorities or may obtain information and application format and documents required for the

issue of digital certificate from:

M/s NexTenders (India) Pvt. Ltd.YUCHIT, Juhu Tara Road,Mumbai – 400049Email: [email protected] or

NexTenders (India) Pvt. Ltd.O/o PWD (B&R) HaryanaNirman Sadan Building (Basement)Plot No.-1, Dakshan MargSector - 33 A,Chandigarh-160020

Tel. No. 0172-2618292Email: [email protected].

2.4 Bid for a particular tender may be submitted online using the digital certificate, which is used to encrypt the data and sign thehash during the stage of bid preparation & hash submission. In case, during the process of a particular tender, the user loseshis digital certificate (be it due to virus attack, hardware problem, operating system or any other problem) he will not be ableto submit the bid online. Hence, the users are advised to keep a back up of the certificate and also keep the copies at safe

place under proper security (for it’s use in case of emergencies).

2.5 In case of online tendering, if the digital certificate issued to the authorized user of a firm is used for signing and submittinga bid, it will be considered equivalent to a no-objection certificate/power of attorney /lawful authorization to that User. Thefirm has to authorize a specific individual through an authorization certificate signed by all partners to use the digitalcertificate as per Indian Information Technology Act 2000. Unless the certificates are revoked, it will be assumed torepresent adequate authority of the user to bid on behalf of the firm in MC GURGAON tenders as per Information

Technology Act 2000. The digital signature of this authorized user will be binding on the firm.

2.6 In case of any change in the authorization, it shall be the responsibility of management / partners of the firm to inform thecertifying authority about the change and to obtain the digital signatures of the new person / user on behalf of the firm /

company. The procedure for application of a digital certificate however will remain the same for the new user.

2.7 The same procedure holds true for the authorized users in a private/Public limited company. In this case, the authorization

certificate will have to be signed by the directors of the company.

3 Opening of an Electronic Payment Account:

For purchasing the tender documents online, bidders are required to pay the tender documents fees online using the electronic

payments gateway service. For online payments, please refer to the Home page of the e-tendering Portalhttp://mcg.etenders.in

4 Set up of machine:

In order to operate on the electronic tender management system, the user’s machine is required to be set up. A help file on setting upof the system can be obtained from M/s Nextenders (India) Pvt. Ltd. or can be downloaded from the home page of the website -

http://mcg.etenders.in.


9

5 Online Viewing of Detailed Notice Inviting Tenders:

The bidders can view the detailed N.I.T and the time schedule (Key Dates) for all the tenders floated through the electronic tendering

system on the MC GURGAON e-tenders website http://mcg.etenders.in

6 Download of Tender Documents:

The tender documents can be downloaded from the Electronic Tendering System through the Portal http://mcg.etenders.in

7 Key Dates:

The bidders are strictly advised to follow dates and times as indicated in the Notice Inviting Tenders. The date and time will bebinding on all bidders. All online activities are time tracked and the system enforces time locks that ensure that no activity or

transaction can take place outside the start and end dates and the time of the stage as defined in the Notice Inviting Tenders.

8 Bid Preparation (Technical & Financial) Online Payment of Tender Document Fee and Submission of Bid Seal (Hash) ofonline Bids:

8.1 The Payment can be made by eligible / bidders online directly through Credit Cards / Internet Banking Accounts / CashCards. The bidders have to pay the cost of the tender documents online by making online payment of tender document feesusing the service of the secure electronic payment gateway. The secure electronic payments gateway is an online interface

between bidders and credit card / online payment authorization networks.

8.2 Submission of bids will be preceded by submission of the digitally signed bid seal (Hash) as stated in the time schedule (Key

Dates) of the Tender.

9 Generation of Super Hash:

After the submission of Bids (Hash) by the Bidders, the bidding round will be closed and a digitally signed Super Hash will be

generated by the authorized Municipal Corporation GURGAON officers. This is equivalent to sealing the tender box.

10 Submission of actual online bids:

Contactors have to submit their encrypted bids online and upload the relevant documents for which they generated the hash at thestage of hash generation & submission after the generation of Super Hash. The process is required to be completed within the date andtime as stated in the Notice Inviting Tenders (Key Dates). The electronic bids of only those contactors who have submitted their bidseals (Hashes) within the stipulated time, as per the tender time schedule (Key Dates), will be accepted by the system. A bidder who

does not submit his bid seal (Hash) within the stipulated time will not be allowed to submit his bid.

Note:- Bidders participating in e-tendering shall check the validity of his/her Digital Signature Certificate before bidding in theTenders floated online at e-tendering portal of MC Gurgaon websitehttp://mcg.etenders.in.


10

SECTION I:

NOTICE FOR INVITING EXPRESSION OF INTEREST (EOI)

MUNICIPAL CORPORATION GURGAON C-1, INFO CITY, SECTOR - 34, GURGAON-122001Notice for inviting expression of interest (EOI) for Empanelment of Consultant with MunicipalCorporation Gurgaon for the purpose of planning, Designing of Infrastructures Development i.e. Road,water Supply, Storm Water Drainage, Street Light Electrification and Horticulture Works etc.

Municipal Corporation Gurgaon , invites EOI from reputed Consultants for Empanelment on MCG Panel for preparation ofEstimates including Feasibility Reports, Site Survey & GPS, Satellite Images for mapping, etc. (to be arranged by theConsultant), Detailed Design, Detailed Estimates, Detailed Architectural & Structural Drawings, GFC Drawings, TenderDocument, BOQ & Detailed Specifications, Planning & Designing of Infrastructures Development i.e. Road, water Supply,Storm Water Drainage, Street Light Electrification and Horticulture Works etc. and other statutory approvals from authoritiesconcerned, etc. in consultation with Engineers of MCG for various Urban Infrastructure Projects categorized as under:

Sr.No

Description Units Rates to bequoted by theConsultants

1. Water supply scheme including planning & designing of T/wellslying of pipe net work, construction of OHSR, UGR, and waterbased on canal water supply including pumping machinerycomplete in all respects. (Note:- Rate be quoted as % of totalestimate cost e.g if 0.5 % of the total estimate cost, so rate beentered 0.5)

% of EstimateCost

2. Design of sewerage scheme including its final disposal. (Note:-Rate be quoted as % of total estimate cost e.g if 0.5 % of the totalestimate cost, so rate be entered 0.5)

% of EstimateCost

3. Design of CETP/STP including provision of recycling of treatedwater in the area, green belts and to the industries for the use ofwashing, cooling and boilers etc (New Work). (Note:- Rate bequoted as % of total estimate cost e.g if 0.5 % of the total estimatecost, so rate be entered 0.5)

% of EstimateCost

4. Design of Storm Water drainage scheme with provision ofunderground pipe network to open channel including its disposal.(Note:- Rate be quoted as % of total estimate cost e.g if 0.5 % of thetotal estimate cost, so rate be entered 0.5)

% of EstimateCost

5. Design of rain harvesting system through development of waterbody of injection wells or any new technologies available in theindustry. (Note:- Rate be quoted as % of total estimate cost e.g if0.5 % of the total estimate cost, so rate be entered 0.5)

% of EstimateCost

6. Design of augmentation of existing infrastructure services i.e. watersupply, sewerage, drainage, CERP/STP etc. as per requirementfrom time to time including electrical. (Note:- Rate be quoted as %of total estimate cost e.g if 0.5 % of the total estimate cost, so ratebe entered 0.5)

% of EstimateCost

7. Total services mentioned above at Sr. no. 1-5 (Note:- Rate bequoted as % of total estimate cost e.g if 0.5 % of the total estimatecost, so rate be entered 0.5)

% of EstimateCost

8. Total services i.e. Planning, Designing of Infrastructuresdevelopment like roads, water supply, sewerage, storm drainage,street light electrification and horticulture work and including

% of EstimateCost


11

development of existing infrastructure. (Note:- Rate be quoted as %of total estimate cost e.g if 0.5 % of the total estimate cost, so ratebe entered 0.5)

9. Architectural and structural design of building including itsplanning complete in all respects. (Note:- Rate be quoted as % oftotal estimate cost e.g if 0.5 % of the total estimate cost, so rate beentered 0.5)

% of EstimateCost

10. Recreational works such as pond regeneration including itsplanning complete in all respect. (Note:- Rate be quoted as % oftotal estimate cost e.g if 0.5 % of the total estimate cost, so rate beentered 0.5)

% of EstimateCost

11.

Conducting Topographical Survey of Sector/Colony/Village,showing all permanent features, Railway Line, canal, Roads,Streets, Schools, Chaupals and other landmarks, taking out Spotlevels at an interval of 50m, preparations of L-Section of ProposedRoute Along with Digital Plan. Submitting 1 set of hardcopy alongwith CD.

Per Acre

12.

Conducting Topographical Survey of Road, showing all permanentfeatures, Railway Line, canal, Roads, Streets, Schools, Chaupalsand other landmarks, taking out X-section at an interval of 50m andL- Section at 25m, preparations of L-Section and X-Section ofRoad. Submit data Along with Digital Plan with 2 set of hardcopyand CD.

Per Km

1. Minimum Eligibility Criteria: The consultants / consultancy firms should fulfill following eligibility criteria;i. The Consultant should have empanelment with Govt. of India or with any other state govt. Department.ii. The Consultant should have a minimum Average Annual Turnover in the last three Financial Years ending 31

March 2016 of Rs.20 Lack duly supported by balance sheet certified by the Chartered Accountant.iii. Consultants have own Survey instrument Multi frequency DGPS, Total Station, Auto Level etc. (Attached

invoice of all above instruments).iv. The Consultant should ensure that the cost of estimate should not vary more than 10% from actual cost of tender

received for the work.v. The Consultant should also enclose the list of his Technical & Non-Technical staff specifying their qualification

and experience in the specified Performa given in the RFP document.

vi. The Consultant should have proper Quality Assurance System / Software for design & drawings, in place.vii. There should not be any legal case either filed or pending on the Consultant.viii. The Consultant must not be presently blacklisted by central Government, agency and also by any State

Government andagency.ix. Empanelment shall be initially for a period of Three years, which may be renewed for further period(s) at the

sole discretion of the Client after review of performance and feedback from MCG.x. The bidders/consultants shall be selected as per the criteria mentioned in the RFP document.2. The time of completion for each Project as per requirement of MCG.3. The interested Consultancy Firms / Consultants may download the Request for Proposal (RFP) document from

website i.e. http://mcg.etenders.in The Consultants are welcome to make any query related to RFP prior tosubmission of Bid upto .

4. The MCG reserves the right to modify or delete any clause of RFP and to accept or reject any EOI withoutassigning any reason thereof.

EOI must be delivered in sealed cover superscribed “Empanelment of Consultant with MunicipalCorporation Gurgaon for the purpose of planning, Designing of Infrastructures Development i.e. Road,water Supply, Storm Water Drainage, Street Light Electrification and Horticulture Works etc.”addressed to COMMISSIONER, MUNICIPAL CORPORATION GURGAON

C-1, INFO CITY, SECTOR - 34, GURGAON-122001 on or before through registered post / speedpost / courier service, since no drop box facility is available. EOI received after due date & time will not beaccepted. The authority will not be responsible for any delay in transit.

5. The bids shall be opened on 10.08.2016 18:00 PM in the office of the MCG in the presence of the


12

Consultants/Firms or their authorized representative.6. The bids received without earnest money and requisite documents shall be rejected.7. The EOI should enclosed with an earnest money of Rs.10,000/- in shape of Demand Draft of a Nationalized

Bank in favour of “COMMISSIONER, Municipal Corporation Gurgaon ” payable at Gurgaon.Applications not accompanied with processing fees, shall be summarily rejected.

Sd/-CommissionerMunicipal Corporation GurgaonC-1, Info City, Sector- 34Gurgaon, Haryana

SECTION II: INSTRUCTIONS TO BIDDERS (ITB)

1. Introduction:Municipal Corporation of Gurgaon was formed in 2008 keeping in mind the growing need for a formal civic structure inGurgaon. As per Haryana Municipal Corporation Act, 1994, the Governor of Haryana declared the constitution of MunicipalCorporation of Gurgaon in June08’.New Gurgaon has witnessed sudden boom of population. With the advent of MNCs and IT companies in large numbers, the cityhad experience an unplanned growth of population. Although Haryana Government has projected Gurgaon as a millennium city,the infrastructure of Gurgaon has serious lacunas. Broken roads, lack of law and order, inadequate power and water, and absenceof public transport are some of the serious problems facing Gurgaon. General public has to face a number of problems on a dayto day basis and a general common body was required to focus on citizen’s welfare. The role of MCG is to look after the basicneeds of the citizens and work towards the development of infrastructure for betterment of citizen’s life.

MCG reserves the right not to proceed with the project, to alter the timetable reflected in this document, or to change theprocess or procedure to be applied. It also reserves the right to decline to discuss the project further with any party submitting aproposal. No reimbursement of cost of any type will be paid to persons, entities, or consortiums submitting a proposal.

Role of Municipal Corporation of Gurgaon

Municipal Corporation of Gurgaon holds the responsibility of taking care of each and every aspect of citizen’s welfare.Following is a list of a few important things that MCG takes care of:

· Construction of New Roads

· Maintaining Old Roads

· Building and Maintaining Parks for Public Utility

· Maintenance of Sewage System

· Proper Drainage System

· Rain Water Harvesting

· Making Provision for Sufficient and Safe Drinking Water

Apart from these the MCG also undertakes activities like issuing Birth and Death certificates, Housing Tax Collection, GarbageDumping, and so on.

ROLE OF EMPANELLED CONSULTANTS:Empanelled consultants would be required to provide assistance to MCG in planning, Designing of Infrastructures Development i .e.Road, water Supply, Storm Water Drainage, Street Light Electrification and Horticulture Works etc.

Request forProposal

The Client invites Proposals (the “Proposals”) for selection of Consultants (the “Consultant”) for each Categories asmentioned in the PROPOSAL under Section I of the RFP, to be empanelled in MCG to carry out various assignmentsassigned and agreed upon by Client and Consultants over a period of time. The Client intends to select the Consultantthrough an open competitive bidding process in accordance with the procedure set out herein. The Consultants shall beselected in each category considering highest marks in descending order as per Annexure I.


13

Validity of the Proposal

The Proposal shall be valid for a period of not less than 90 days from the Proposal Due Date, or any extensions thereof asspecified by the Client from time to time.

Brief description of the Selection Process

The Client has adopted a Single stage selection process (collectively the “Selection Process”) in evaluating the Proposals.A technical evaluation will be carried out as specified in Clause 3.1. Based on this technical evaluation, a panel of short-listed Consultants shall be prepared category wise as specified in Clause 3.2. Proposals will be ranked according to theirtechnical scores as specified in Annexure I. The Consultants shall be selected in each category considering highest marks indescending order as per Annexure I, on the panel of the Client (the “Successful Consultants”).

Currency conversion rate and payment

All payments to the Consultant shall be made in INR in accordance with the fee quoted by them and agreed upon betweenthe Client and the Consultant. The Consultant may convert Rupees into any foreign currency as per Applicable Laws andthe exchange risk, if any, shall be borne by the Consultant.

Financial Bid:

The Empanelled Consultant shall quote his financial bid for preparation of Estimates and Design and Estimates in the FormF1 attached with this RFP, to be submitted to the concerned MCG, as and when the Empanelled Consultant is called for thesame. The financial bid of the lowest bidder (empanelled consultant) shall be accepted after negotiation.

Schedule of Selection Process

The Client would endeavor to adhere to the schedule as mentioned in the Terms of Reference.

Deleted

Purchase of RFP / Pre Proposal Query

The interested Consultancy Firms / Consultants may download the Request for Proposal (RFP) document from website i.e.http://mcg.etenders.in

The Consultants are welcome to make any query related to RFP prior to submission of Bid .

All communications for the Proposal should be addressed to the appropriate officials mentioned in the Terms of Reference.

A. General Scope ofProposal

2.1.1 Role of the Consultant:

The role of Consultant shall include but not limited to the following:2 Municipal Corporation Gurgaon , invites EOI from reputed Consultants for Empanelment on MCG Panel for preparation of

Estimates including Feasibility Reports, Site Survey & GPS, Satellite Images for mapping, etc. (to be arranged by theConsultant), Detailed Design, Detailed Estimates, Detailed Architectural & Structural Drawings, GFC Drawings, TenderDocument, BOQ & Detailed Specifications, Planning & Designing of Infrastructures Development i.e. Road, water Supply,Storm Water Drainage, Street Light Electrification and Horticulture Works etc. and other statutory approvals from authoritiesconcerned, etc. in consultation with Engineers of MCG for various Urban Infrastructure Projects categorized as under:The Detailed Scope of Work shall be intimated by the MCG at the time of invitation of financial bid, which may includeEstimates including Feasibility Reports, Site Survey & GPS, Satellite Images for mapping, etc. (to be arranged by theConsultant), Detailed Design, Detailed Estimates, Detailed Architectural & Structural Drawings, GFC Drawings, TenderDocument, BOQ & Detailed Specifications, Planning & Designing of Infrastructures Development i.e. Road, water Supply,Storm Water Drainage, Street Light Electrification and Horticulture Works etc. and other statutory approvals from authoritiesconcerned, etc. in consultation with Engineers of MCG for various Urban Infrastructure Projects categorized as under:

Sr.No

Description Units Rates to be quoted bythe Consultans

1. Water supply scheme including planning & designing ofT/wells lying of pipe net work, construction of OHSR,UGR, and water based on canal water supply including

% of EstimateCost


14

pumping machinery complete in all respects. (Note:- Ratebe quoted as % of total estimate cost e.g if 0.5 % of thetotal estimate cost, so rate be entered 0.5)

2. Design of sewerage scheme including its final disposal.(Note:- Rate be quoted as % of total estimate cost e.g if 0.5% of the total estimate cost, so rate be entered 0.5)

% of EstimateCost

3. Design of CETP/STP including provision of recycling oftreated water in the area, green belts and to the industriesfor the use of washing, cooling and boilers etc (NewWork). (Note:- Rate be quoted as % of total estimate coste.g if 0.5 % of the total estimate cost, so rate be entered 0.5)

% of EstimateCost

4. Design of Storm Water drainage scheme with provision ofunderground pipe network to open channel including itsdisposal. (Note:- Rate be quoted as % of total estimate coste.g if 0.5 % of the total estimate cost, so rate be entered 0.5)

% of EstimateCost

5. Design of rain harvesting system through development ofwater body of injection wells or any new technologiesavailable in the industry. (Note:- Rate be quoted as % oftotal estimate cost e.g if 0.5 % of the total estimate cost, sorate be entered 0.5)

% of EstimateCost

6. Design of augmentation of existing infrastructure servicesi.e. water supply, sewerage, drainage, CERP/STP etc. asper requirement from time to time including electrical.(Note:- Rate be quoted as % of total estimate cost e.g if 0.5% of the total estimate cost, so rate be entered 0.5)

% of EstimateCost

7. Total services mentioned above at Sr. no. 1-5 (Note:- Ratebe quoted as % of total estimate cost e.g if 0.5 % of thetotal estimate cost, so rate be entered 0.5)

% of EstimateCost

8. Total services i.e. Planning, Designing of Infrastructuresdevelopment like roads, water supply, sewerage, stormdrainage, street light electrification and horticulture workand including development of existing infrastructure.(Note:- Rate be quoted as % of total estimate cost e.g if 0.5% of the total estimate cost, so rate be entered 0.5)

% of EstimateCost

9. Architectural and structural design of building including itsplanning complete in all respects. (Note:- Rate be quoted as% of total estimate cost e.g if 0.5 % of the total estimatecost, so rate be entered 0.5)

% of EstimateCost

10. Recreational works such as pond regeneration including itsplanning complete in all respect. (Note:- Rate be quoted as% of total estimate cost e.g if 0.5 % of the total estimatecost, so rate be entered 0.5)

% of EstimateCost

11.

Conducting Topographical Survey ofSector/Colony/Village, showing all permanent features,Railway Line, canal, Roads, Streets, Schools, Chaupals andother landmarks, taking out Spot levels at an interval of50m, preparations of L-Section of Proposed Route Alongwith Digital Plan. Submitting 1 set of hardcopy along withCD.

Per Acre


15

12.

Conducting Topographical Survey of Road, showing allpermanent features, Railway Line, canal, Roads, Streets,Schools, Chaupals and other landmarks, taking out X-section at an interval of 50m and L- Section at 25m,preparations of L-Section and X-Section of Road. Submitdata Along with Digital Plan with 2 set of hardcopy andCD.

Per Km

i. The Bidder should prepare the Estimates, get it appraised from the technical agency appointed by MCG andsubsequent approval from MCG. In addition to this, the Consultant should supply at least 2 copies of duly approvedEstimates from MCG., Tender Document, BOQ, and Detailed Estimate (with backup sheet) to the MCG.

ii. The Bidder should prepare the Estimates as per the guidelines issued by the Ministry of Urban Development (MoUD),Ministry of Housing & Urban Poverty Alleviation (MoHUPA), Ministry of Roads Transport & Highways (MoRTH),Other. Ministry of Govt. of India, whichever is applicable.

iii. The Bidder must ensure that the Design and Estimates for Water Supply & Sanitation, Sewerage, Solid WasteManagement, Roads & Transport, Housing, etc. should be strictly prepared as per Water Supply/Sewerage/SolidWaste Management Manual issued by Central Public Health Environmental Engineering Organization (CPHEEO),MoUD (Govt. of India), IRC Codes issued by the MoRTH, Other Guidelines issued for RAY & Other schemes time totime launched by MoHUPA/MoUD/Govt. of India, etc.

iv. Contribute the requisite technical, financial, legal and managerial resources to undertake project development andimplementation.

v. Coordinate with MCG and various Public Infrastructure Agencies / Urban Local Bodies of Haryana to develop projectsin the infrastructure sectors.

vi. The Consultant shall be solely responsible for obtaining any information required for the preparation of the Design andEstimates from the MCG at his own level and shall not be an excuse for delay in preparation of the Design andEstimates(s), which has to be completed within the specified stipulated period of completion of the Design andEstimates) as per Contract / Work Order.

Eligible Criteria for Consultant

This invitation to submit Proposals to the RFP is open to those bidders/ Consultants who meet the following pre-qualification criteria:

8. Minimum Eligibility Criteria: The consultants / consultancy firms should fulfill following eligibility criteria;i. The Consultant should have empanelment with Govt. of India or with any other state govt. Department.

ii. The Consultant should have a minimum Average Annual Turnover in the last three Financial Years ending 31 March2016 of Rs.20 Lack duly supported by balance sheet certified by the Chartered Accountant.

iii. Consultants have own Survey instrument Multi frequency DGPS, Total Station, Auto Level etc. (Attached invoice ofall above instruments).

iv. The Consultant should ensure that the cost of estimate should not vary more than 10% from actual cost of tenderreceived for the work.

v. The Consultant should also enclose the list of his Technical & Non-Technical staff specifying their qualification andexperience in the specified Performa given in the RFPdocument.

vi. The Consultant should have proper Quality Assurance System / Software for design & drawings, in place.vii. There should not be any legal case either filed or pending on the Consultant.viii. The Consultant must not be presently blacklisted by central Government, agency and also by any State Government and

agency.ix. Empanelment shall be initially for a period of Three years, which may be renewed for further period(s) at the sole

discretion of the Client after review of performance and feedback from MCG.x. The bidders/consultants shall be selected as per the criteria mentioned in the RFP document.


16

1. In case of a consortium / JV / SPV there should be an agreement / MoU executed by all the companies constituting theconsortium mentioning inter alia the following:

a. That they agree to work jointly for the assignment.

b. That they agree to be jointly and severally responsible for the assignment.

c. The percentage share between the consortium members. The share of each member in the total fees to be clearlyindicated in the agreement.

d. That the Lead Consultant shall be sole representative of the consortium and is authorized to sign all the agreement andcorrespondence for the said assignment.

e. Bids are liable to be rejected if the said agreement between the members forming the consortium, as indicated above,is not enclosed. It may be noted that expatriate members of the consortium will be required to take necessarypermissions from the Reserve Bank of India (RBI)/FIPB, and such other authorities as applicable.

f. Once submitted, the proposal, including the composition of the consulting team, cannot be altered without priorwritten consent of Authority. The proposal should be submitted in two sets one original and one copy in the prescribedformats.

Bidder/Consultant failing to meet these criteria or not submitting requisite supporting proof as specified under Clause2.2 are liable to be rejected during pre- qualification evaluation.

The bidders can use the credentials of their Parent Company and sister companies wherein Parent Company holdsmore than 49% equity stake. Parent Company shall be defined as a company having more than 75% equity in thebidding company.

2.2.1. Conflict of Interest

Client requires that Consultants provide professional, objective, and impartial advice and at all times hold the Client’sinterests paramount, strictly avoid conflicts with other Projects or their own corporate interests and act without anyconsideration for future work. Without limitation on the generality of the foregoing, Consultants, and any of theiraffiliates, shall be considered to have a conflict of interest and shall not be recruited, under any of the circumstances setforth below:

Number ofProposals

A Consultant is eligible to submit only one Proposal. A Consultant applying individually or as a member of aconsortium shall not be entitled to submit another proposal either individually or as a member of any consortium, as thecase may be.

Cost ofProposal

The Consultant shall be responsible for all of the costs associated with the preparation of their Proposals and theirparticipation in the Selection Process. The Client will not be responsible or in any way liable for such costs, regardlessof the conduct or outcome of the Selection Process.

AcknowledgementbyConsultant

It shall be deemed that by submitting the Proposal, the Consultant has:

(a) made a complete and careful examination of the RFP;

(b) received all relevant information requested from the Client;

(c) acknowledged and accepted the risk of inadequacy, error or mistake in the information provided in the RFPor furnished by or on behalf of the Client or relating to any of the matters referred above;

(d) satisfied itself about all matters, things and information, including matters referred herein above, necessary


17

and required for submitting an informed Application and performance of all of its obligations thereunder;


18

(e) acknowledged that it does not have a Conflict of Interest; and

(f) agreed to be bound by the undertaking provided by it under and in terms hereof.

The Client shall not be liable for any omission, mistake or error on the part of the Consultant in respect of anyof the above or on account of any matter or thing arising out of or concerning or relating to RFP or theSelection Process, including any error or mistake therein or in any information or data given by the Client.

Right to reject any or all Proposals

Notwithstanding anything contained in this RFP, the Client reserves the right to accept or reject any Proposaland to annul the Selection Process and reject all Proposals, at any time without any liability or any obligationfor such acceptance, rejection or annulment, and without assigning any reasons thereof.

The Client reserves the right to reject any Proposal if:

(a) at any time, a material misrepresentation made by the Consultant is uncovered or comes to the knowledge of theClient or

(b) the Consultant does not provide, within the time specified by the Client, the supplemental information sought bythe Client for evaluation of the Proposal.

Such misrepresentation/ improper response may lead to the disqualification of the Consultant. If suchdisqualification / rejection occurs after the Proposals have been opened and the highest ranking Consultant getsdisqualified / rejected, then the Client reserves the right to consider the next best Consultant, or take any othermeasure as may be deemed fit in the sole discretion of the Client, including annulment of the Selection Process.

A. Documents

Contents of the RFP

This RFP Document comprises of:

The Disclaimer set forth hereinabove, the contents as listed below and will additionally include any Addendum/ Amendment issued in accordance with the provisions of the RFP;

1. Section-I: Notice for Inviting Expression of interest (EOI) & Press Note;

2. Section- II: Instructions and Information to Consultants;

3. Section-III: General Condition of the Contract;

4. Section-IV: Technical and Financial Formats ;

5. Section-V: Draft Agreement

Clarifications

Consultants requiring any clarification on the RFP may send their queries to the


19

Client in writing before the date mentioned in the Schedule of Selection Process at Terms of Reference. Theenvelopes shall clearly bear the following identification:

"Queries/Request for Additional Information concerning “ Empanelment of Consultant with MunicipalCorporation Gurgaon for the purpose of planning, Designing of Infrastructures Development i.e. Road, waterSupply, Storm Water Drainage, Street Light Electrification and Horticulture Works etc. (Category to be m

The Client shall endeavor to respond to the queries within the period specified therein but not later than 7 daysprior to the Proposal Due Date. The responses will be sent by Letter, Fax or E-mail. The Client will post thereply to all such queries on the website specified and copies thereof will also be circulated to all Consultantswho have been issued the RFP document without identifying the source of queries.

The Client reserves the right not to respond to any queries/questions or provide any clarifications, in its solediscretion, and nothing in this Clause shall be taken or read as compelling or requiring the Client to respond toany question or to provide any clarification.

Amendment ofRFP

At any time prior to the deadline for submission of Proposal, the Client may, for any reason, whether at its owninitiative or in response to any clarifications requested by an Consultant, modify the RFP document by theissuance of Addendum/ Amendment.

All such addenda/amendments will be notified in writing through fax or e-mail to all Consultants who have beenissued the RFP document. The amendments will also be posted on the website along with the revised RFPcontaining the amendments and will be binding on all Consultants.

In order to afford the Consultants a reasonable time for taking an amendment into account, or for any otherreason, the Client may, in its sole discretion, extend the Proposal Due Date.

PREPARATION AND SUBMISSION OF PROPOSAL Language

The Proposal with all accompanying documents (the “Documents”) & all communications in relation to orconcerning the Selection Process shall be in the English Language & strictly on the forms provided in this RFP.No supporting document or printed literature shall be submitted with the Proposal unless specifically asked for& in case any of these documents is in another language, it must be accompanied by an accurate translation ofthe relevant passages in English, in which case, for all purposes of interpretation of the Proposal, the translationin English shall prevail. The translations of documents furnished in English language shall be endorsed by theauthorized signatory & statutory auditor.


20

Format and signing of Proposal

The Consultant shall provide all the information sought under this RFP. The Client would evaluate only thoseProposals that are received in the specified forms and are complete in all respects.

The Consultant shall prepare one original set of the Proposal (together with Documents required to be submittedalong therewith pursuant to this RFP) & clearly marked “ORIGINAL”. In addition, the Consultant shall submit1 (one) copy of the Technical Proposal, alongwith Documents, marked “COPY”. In the event of anydiscrepancy between the originals & the copies, the original set of documents shall prevail.

The Proposal shall be typed or written in indelible ink and signed by the authorised signatory of the Consultantwho shall initial each page, in blue/ black ink. In case of printed and published Documents, only the cover shallbe initialed. All the alterations, omissions, additions, or any other amendments made to the Proposal shall beinitialed by the person(s) signing the Proposal.

The Proposals must be properly signed as detailed below:

(i) by the proprietor, in case of a proprietary firm;

(ii) by the partner holding the Power of Attorney, in case of a partnership firm;

(iii) by a duly authorized person holding the Power of Attorney (the “Authorized Representative”), in case of aLimited Company or a corporation; or

(iv) by the Authorized Representative of the Lead Member, in case of a consortium.

(v) A copy of the Power of Attorney certified under the hands of a partner or director of the Consultant or a notarypublic on the specified form, shall accompany the Proposal.

Consultants should note the Proposal Due Date, as specified in Terms of Reference, for submission of Proposals.Consultants are reminded that no supplementary material will be entertained by the Client, and that evaluationwill be carried out only on the basis of Documents received by the closing time of Proposal Due Date asspecified in Terms of Reference. Consultants will ordinarily not be asked to provide additional materialinformation or documents subsequent to the date of submission, and unsolicited material if submitted will besummarily rejected.

Technical Proposal

Consultants shall submit the technical proposal in the formats at Section IV (the “Technical Proposal”).

Failure to comply with the requirements spelt out in this Clause shall make the Proposal liable to be rejected.If a Consultant makes an averment regarding his


21

qualification, experience or other particulars and it turns out to be false, or his/ her commitment regardingavailability for the Project is not fulfilled at any stage after signing of the Agreement, he/ she shall be debarredfrom participation in any future Project of the Client for a period of five years. The award of this Project to theConsultant may also be liable to cancellation in such an event.

The Client reserves the right to verify all statements, information and documents, submitted by the Consultant inresponse to the RFP. Failure of the Client to undertake such verification shall not relieve the Consultant of itsobligations or liabilities hereunder nor will it affect any rights of the Client thereunder.

In case it is found during the evaluation or at any time before signing of the Agreement or after its execution andduring the period of subsistence thereof, that one or more of the eligibility conditions have not been met by theConsultant or the Consultant has made a material misrepresentation or has given any materially incorrect orfalse information, the Consultant shall be disqualified forthwith, if not yet appointed as the Consultanteither by issue of the LOA or entering into of the Agreement, and if the Consultant has already been issued theLOA or has entered into the Agreement, as the case may be, the same shall, notwithstanding anything to thecontrary contained therein or in this RFP, be liable to be terminated, by a communication in writing by theClient, without the Client being liable in any manner, whatsoever, to the Consultant or Consultant, as the casemay be.

In such an event, the Client shall forfeit and appropriate the Proposal Security as mutually agreed pre-estimatedcompensation and damages payable to the Client for, inter alia, time, cost and effort of the Client, withoutprejudice to any other right or remedy that may be available to the Client.

Submission of Proposals

Sealing and Marking of Proposal

The Consultants shall prepare and submit:

a. Technical Proposal (Envelope A):

One (1) Original and One (1) Copy of the Technical Proposal in “Envelope A” duly marking “Original” and“Copy”. The envelope containing the Technical Proposal shall be labeled as:

Envelope ‘A’: TECHNICAL PROPOSAL for “ Empanelment of Consultant with Municipal CorporationGurgaon for the purpose of planning, Designing of Infrastructures Development i.e. Road, water Supply,Storm Water Drainage, Street Light Electrification and Horticulture Works etc.”

Contents of Envelope-A shall be as follows: (Technical Proposal in

Original + 1 Copy) Form T 1: Check List

Form T 2: Covering Letter

Form T 3: Power of Attorney for Authorized Signatory

Form T 4: Letter ofUndertaking

Form T 5: Detail of Works executed by the Bidder / Consultant.

Form T 6: Qualification of Technical Staff

Form T 7: Financial Capability Statement.

Form T 8: List of Equipment Available with the Firm


22

b. Security (EnvelopeB):

One (1) Original of the Security i.e. of Rs.10,000/- (Rs. Ten Thousand) in shape of Demand Draft, in the favourof “COMMISSIONER, Municipal Corporation Gurgaon” payable at Gurgaon shall be enclosed and sealedin a separate envelope labeled as:

Envelope ‘B’- SECURITY for “ Empanelment of Consultant with Municipal Corporation Gurgaon forthe purpose of planning, Designing of Infrastructures Development i.e. Road, water Supply, Storm WaterDrainage, Street Light Electrification and Horticulture Works etc. (Category to be mentioned)”

The aforementioned two envelops A & B shall be sealed in an outer envelope mentioning, “ Empanelment ofConsultant with Municipal Corporation Gurgaon for the purpose of planning, Designing ofInfrastructures Development i.e. Road, water Supply, Storm Water Drainage, Street LightElectrification and Horticulture Works etc. (Category to be mentioned)”

c. Each of the two envelopes shall indicate the complete name, address, telephone numbers (with city code) andfacsimile number of the Consultant.

d. Each Envelope containing the Proposal shall be addressed to the Client as mentioned in the Terms of Reference.

Financial Bid & Security Deposit (by Empanelled Consultants to MCG’s)

The Financial Bid(s) shall be invited by the MCG’s directly from the empanelled Consultant on MCG Panel, asand when required, under specified Category (A/B). The Formats for submission of Financial Bid & SecurityDeposit by the selected empanelled Consultant to be submitted to the concerned MCG’s in the format, asspecified below;

Financial Proposal Formats

Form F 1: Financial BidForm.

Form F 2: Bank GuaranteeForm

The financial bid of the lowest bidder (empanelled consultant) shall be accepted after negotiation.

Proposal DueDate

Proposal should be submitted on the Proposal Due Date specified in the Terms of Reference, at the addressprovided in Terms of Reference, in the manner and form as detailed in this RFP.

The Client may, in its sole discretion, extend the Proposal Due Date by issuing an


23

Addendum in accordance with provisions of this RFP uniformly for all Consultants.

Late Proposals:

Any Proposal received by Client after 17:00 hours on the Proposal Due Date will not be accepted.

Modifications/Substitution/Withdrawal of Proposals:

A Consultant may modify, substitute or withdraw its Proposal after submission, provided that written notice of themodification, substitution or withdrawal is received by Client by the Proposal Due Date. No Proposal can bemodified, substituted or withdrawn by the Consultant after the Proposal Due Date.

Any Consultant may withdraw its Proposal on or prior to the Proposal Due Date without inviting action for forfeitureof its Proposal Security. Withdrawal by the Consultant of its Proposal after Proposal Due Date shall entitle theClient to forfeit the ProposalSecurity.

The modification, substitution, or withdrawal notice shall be sealed, marked and delivered in accordance with Clause2.16.1, with the envelope being additionally marked “MODIFICATION”, “SUBSTITUTION” OR“WITHDRAWAL” as appropriate.

Security:

The Proposal shall be accompanied by a Security in Indian Rupees for an amount specified in Terms ofReference. The security shall be in the form of Demand Draft issued by one of the Nationalized/ScheduledBanks in India drawn in favour of “COMMISSIONER, Municipal Corporation Gurgaon ”, payable atGurgaon

The Security shall be retained by the Client for the period of Empanelment and it shall be refunded without any interestafter three months of expiry of Contract period.

The Security of the un-successful Consultant shall be returned without any interest after 90 days i.e. after the expiry ofvalidity period.

Client shall reject all such proposals, which do not include the Security.

In addition to the above, the Client will promptly release all Proposal Securities in the event the Client decides toterminate the bidding process for any reason whatsoever.

The Security shall be forfeited by Client, at its sole discretion in the following cases:

(i) The Consultant withdraws its proposal after Proposal Due Date and during Proposal Validity Period.

(ii) In the case of a Successful Consultant, if it fails to sign the Agreement, within the time specified in the Notice ofAward.


24

(iii) In case the proposal of the Consultant, is determined as being “conditional”, “unresponsive” or “disqualified” inthe opinion of Client .

B. EVALUATION PROCESS

Evaluation of Proposals

The Client shall open the Proposals at a time, date and venue specified in the Terms of Reference and in the presenceof the Consultants who choose to attend. The envelopes marked “Technical Proposal” shall be opened.

Proposals for which a notice of withdrawal has been submitted in accordance with the provisions of the RFP not beopened.

Prior to evaluation of Proposals, the Client will determine whether each Proposal is responsive to the requirements of theRFP. A Proposal shall be considered responsive onlyif:

(a) it is received in the form specified at Clause 2.13 (Technical Proposal);

(b) it is received by the Proposal Due Date including any extension thereof pursuant to Clause 2.14;

(c) it is accompanied by the Security as specified in Clause 2.17.

(d) it is signed, sealed, bound and marked as stipulated in Clause 2.13 and 2.16;

(e) it contains all the information (complete in all respects) as requested in the RFP;

(f) it does not contain any condition or qualification; and

(g) it is not non-responsive in terms hereof.

The Client reserves the right to reject any Proposal which is non- responsive and no request for alteration,modification, substitution or withdrawal shall be entertained by the Client in respect of such Proposals.

The Client would subsequently examine and evaluate Proposals in accordance with the Selection Process specified in thisRFP and the criteria set out in this RFP.

After the technical evaluation, the Client would prepare a list of shortlisted Consultants under different category. Adate, time and venue will be notified to all Consultants for announcing the result of Technical evaluation and thelist of shortlisted Consultants under different category along with their Technical Score will be read out. Thefinal ranking of the Proposals would be carried out in terms of Annexure I and the Consultants shall be selectedin each category considering highest marks in descending order as per Annexure I in the Technical Evaluationshall be empanelled by the Client.

Consultants are advised that selection will be entirely at the discretion of the Client. Consultants will be deemed to haveunderstood & agreed that no explanation or justification on any aspect of the Selection Process or Selection willbe given by the


25

Client.

Any information contained in the Proposal shall not in any way be construed as binding on the Client, its agents,successors or assigns, but shall be binding against the Consultants if the Consultancy is subsequently awarded toit.

Confidentiality:

Client shall treat the contents of all Proposals and other documents, information and solutions submitted by theConsultants as confidential. Client shall take all reasonable precautions to ensure that all persons, who haveaccess to such materials, maintain confidentiality in respect of the same. Client shall not divulge any suchinformation, unless it is directed to do by any authority, which has power to order itsrelease.

Each person or entity to which this RFP document is issued, shall, whether or not, he/it submits a proposal, treatthis RFP, related clarifications, information and solutions provided by Client in relation to this Project orbidding process as confidential, for a period co-terminus with the agreement period. During this period, theconcerned person or entity shall not disclose or utilize in any manner, any such documents, information orsolutions, without prior written approval of Client, unless he/it is required to do so in pursuance of anyapplicable law. Intellectual Property contained in this RFP document package is owned by Client and shallcontinue to be owned by Client.

Any information relating to examination, clarification, evaluation and comparison of Proposals andrecommendations for the selection of the Successful Consultant shall not be disclosed to any Consultant or anyother person not officially concerned with such process, until Notice of Award has been issued by Client.

Clarifications

To facilitate evaluation of Proposals, the Client may, at its sole discretion, seek clarifications from anyConsultant regarding its Proposal and such clarifications shall be provided within the time specified by theClient for this purpose. Any request for clarification(s) and all clarification(s) in response thereto shall be inwriting.

If a Consultant does not provide clarifications sought under Sub-Clause 2.20.1 above within the specified time,its Proposal shall be liable to be rejected. In case the Proposal is not rejected, the Client may proceed toevaluate the Proposal by construing the particulars requiring clarification to the best of its understanding, andthe Consultant shall be barred from subsequently questioning such interpretation of the Client.

C. APPOINTMENTOFCONSULTANT

Negotiations

The empanelled Consultants (the “Selected Consultants”) may, if necessary, be


26

invited for negotiations. The negotiations shall generally be for re-confirming the obligations of the Consultantunder this RFP. The negotiation of the Financial Bid should be conducted by a committee constituted by theconcerned MCG under the Chairmanship of MCG.

Indemnity

The Consultant shall, subject to the provisions of the Agreement, indemnify the Client for any direct loss ordamage that is caused due to any deficiency in services.

Award ofConsultancy

After selection, a Letter of Award (the “LOA”) shall be issued, in duplicate, by the Client to the SelectedConsultant and the Selected Consultant shall, within 7 (seven) days of the receipt of the LOA, sign and return theduplicate copy of the LOA in acknowledgement thereof.

In the event the duplicate copy of the LOA duly signed by the Selected Consultant is not received by thestipulated date, the Client may, unless it consents to extension of time for submission thereof, appropriate theSecurity of such Consultant as mutually agreed genuine pre-estimated loss and damage suffered by the Client onaccount of failure of the Selected Consultant to acknowledge the LOA, and the next eligible Consultant may beconsidered.

Execution of Agreement

After acknowledgement of the LOA as aforesaid by the Selected Consultant, the Consultant shall execute theAgreement within the period prescribed in the Terms of Reference. The Selected Consultant shall not beentitled to seek any deviation in the Agreement. The selected Consultant shall submit a Bank Guarantee (asper Format – Form F2) amounting to equivalent of 5% of the Financial Bid amount to the Engineer-in-chargeof respective MCG and no interest shall be payable to the empanelled consultant.

Terms ofPayment

The terms of payment of the Selected Empanelled Consultant shall be decided by MCG.

Proprietarydata

All documents and other information provided by the Client or submitted by a Consultant to the Client shallremain or become the property of the Client. Consultant and the Sub Consultant, as the case may be, are to treatall information as strictly confidential. The Client will not return any Proposal or any information relatedthereto. All information collected, analysed, processed or in whatever manner provided by the Consultant to theClient in relation to the Consultancy shall be the property of the Client.


27

3. CRITERIA FOR EVALUATION: Evaluation of

Technical Proposals

In the first stage, the Technical Proposal will be evaluated on the basis of Consultants’ experience as mentionedin the Eligibility Criteria under Clause 2.2. The Consultant (s) who doesn’t meet the pre-qualification shall bedisqualified.

Further, the proposals will be ranked according to their Technical score mentioned in Annexure I of the RFPdocument and the Consultants shall be selected in each category considering highest marks in descending orderas per Annexure I. The Consultant should score minimum 70% for qualifying on technical ground underindicatedcategory.

4. FRAUD AND CORRUPT PRACTICES

The Consultant and their respective officers, employees, agents and advisers shall observe the highest standardof ethics during the Selection Process. Notwithstanding anything to the contrary contained in this RFP, theClient shall reject a Proposal without being liable in any manner whatsoever to the Consultant, if it determinesthat the Consultant has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulentpractice, coercive practice, undesirable practice or restrictive practice (collectively the “Prohibited Practices”) inthe Selection Process. In such an event, the Client shall, without prejudice to its any other rights or remedies,forfeit and appropriate the Proposal Security or Performance Security, as the case may be, as mutually agreedgenuine pre- estimated compensation and damages payable to the Client for, inter alia, time, cost and effort of theClient, in regard to the RFP, including consideration and evaluation of such Consultant’s Proposal.

Without prejudice to the rights of the Client under Clause 4.1 hereinabove and the rights and remedies which theClient may have under the LOA or the Agreement, if an Consultant is found by the Client to have directly orindirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercivepractice, undesirable practice or restrictive practice during the Selection Process, or after the issue of the LOA orthe execution of the Agreement, such Consultant shall not be eligible to participate in any tender or RFP issuedby the Client during a period of 2 (two) years from the date on which such Consultant is found by the Client tohave directly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercivepractice, undesirable practice or restrictive practice, as the case may be.

4. 3 For the purposes of this Clause, the following terms shall have the meaning hereinafter respectively assignedto them:

(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything ofvalue to influence the action of any person connected with the Selection Process (for avoidance ofdoubt,


29

offering of employment to or employing or engaging in any manner whatsoever, directly or indirectly, anyofficial of the Client who is or has been associated in any manner, directly or indirectly with the SelectionProcess or the LOA or has dealt with matters concerning the Agreement or arising there from, before or afterthe execution thereof, at any time prior to the expiry of one year from the date such official resigns or retiresfrom or otherwise ceases to be in the service of the Client, shall be deemed to constitute influencing the actionsof a person connected with the Selection Process; or (ii) engaging in any manner whatsoever, whether duringthe Selection Process or after the issue of the LOA or after the execution of the Agreement, as the case may be,any person in respect of any matter relating to the Project or the LOA or the Agreement, who at any time hasbeen or is a legal, financial or technical consultant/ adviser of the Client in relation to any matter concerning theProject;

(b) “fraudulent practice” means a misrepresentation or omission of facts or disclosure of incomplete facts, inorder to influence the Selection Process;

(c) “coercive practice” means impairing or harming or threatening to impair or harm, directly or indirectly, anypersons or property to influence any person’s participation or action in the Selection Process;

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

(e) “restrictive practice” means forming a cartel or arriving at any understanding or arrangement with otherApplicants with the objective of restricting or manipulating a full and fair competition in the Selection Process.

5. MISCELLANEOUS

The Selection Process shall be governed by, and construed in accordance with, the laws of India and the Courtsat Gurgaon shall have exclusive jurisdiction over all disputes arising under, pursuant to and/or in connectionwith the Selection Process.

The C l ie n t , in its sole discretion and without incurring any obligation or liability, reserves the right, at anytime, to:

(a) suspend and/or cancel the Selection Process and/or amend and/or supplement the Selection Process or modifythe dates or other terms and conditions relating thereto;

(b) consult with any Consultant in order to receive clarification or further


30

information;

(c) retain any information and/or evidence submitted to the Client by, on behalf of and/or in relation to anyConsultant; and/or

(d) independently verify, disqualify, reject and/or accept any and all submissions or other information and/orevidence submitted by or on behalf of anyConsultant.

It shall be deemed that by submitting the Proposal, the Consultant agrees and releases the Client, 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/orperformance 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.


31

TERMS OF REFERENCE

Sl.No. Item Data

1. Name of theProject

“Empanelment of Consultant with Municipal CorporationGurgaon for the purpose of planning, Designing of InfrastructuresDevelopment i.e. Road, water Supply, Storm Water Drainage,Street Light Electrification and Horticulture Works etc. (Categoryto be mentioned)”

2. Name of the Client Municipal Corporation Gurgaon

3. Name and Addressfor submission ofProposals

CommissionerMunicipal Corporation GurgaonC-1, Info City, Sector 34Gurgaon,Haryana

4. Name and Addressfor Correspondencewith Client

CommissionerMunicipal Corporation GurgaonC-1, Info City, Sector 34Gurgaon,Haryanawww.mcg.gov.in

5. Security An amount equivalent to Rs. Ten Thousand under (refundable after 3years without any interest) each category in the form of Demand Draftfrom a scheduled bank drawn in favor of “COMMISSIONER,Municipal Corporation Gurgaon” payable at Gurgaon is to besubmitted, as security along with the proposal.

6. Period of ProposalValidity

90 days from Proposal Due Date or any extension thereof, sought by theClient

7. Bidding Parameter The Consultant scoring the minimum of 70% marks in the evaluationof Technical Proposal each under different category submitted accordingto the formulae mentioned in Annexure I

8. RFP Document The interested Consultancy Firms / Consultants may download theRequest for Proposal (RFP) document from website i.e.www.mcg.gov.in

9. Pre ProposalQuery

The Consultants are welcome to make any query related to RFP prior tosubmission of Bid upto

10. Proposal Due Date The Proposal Due Date is

11. Bid Opening Date The bids shall be opened on 10 August 2016 at 06:00 PM in the officeof the, MCG in the presence of the Bidders or their authorizedrepresentatives.

12. Issue of Letter ofAward (LOA)

The LOA to the selected Consultants shall be issued withinthree months from the date of opening of bid.


32

Sl.No. Item Data

13. Signing ofAgreement

The Selected Consultant(s) for different categories i.e. from A to E,should execute the agreement with the Client within 30 days periodafter issue of LOA.

14. Technical &Financial Bid

The Bidder / Consultant shall be empanelled by MCG on technicalground and the financial bid shall be invited by the MCG’s directlyfrom the empanelled Consultants by indicating the specific scope ofwork.The financial bid of the lowest bidder (empanelled consultant) shall beaccepted after negotiation.

15. Terms of Payment The terms of payment of the Selected Empanelled Consultant

to Selected shall be decided by the concerned MCG’s.EmpanelledConsultant(s)

16. Note a. The Bidder should prepare the Design and Estimates, get itappraised from the technical agency appointed by GoI andsubsequent approval from GoI. In addition to this, the Consultantshould supply at least 10 copies of duly approved Design andEstimates from Govt., Tender Document, BOQ, and DetailedEstimate (with backup sheet) to the MCG’s as well as MCG.

b. The RFP, LOA, TOR, GCC, PROPOSAL, Press Note &Agreement, etc. documents shall be part of this work.


33

SECTION III:GENERAL CONDITIONS OF THE CONTRACT (GCC)

GENERAL CONTRACT CONDITIONS (GCC)

1. Application

These general conditions shall apply to the extent that provisions in other parts of the Contractdo not supersede them. For interpretation of any clause in the RFP or Contract Agreement, theinterpretation of the MCG shall be final and binding.

2. Relationship between the Parties

Nothing mentioned herein shall be constructed as relationship of master and servant or ofprincipal and agent as between the MCG and the Consultant. The Consultant subject to thiscontract for selection has complete charge of its personnel in performing the services under theProject from time to time. The Consultant shall be fully responsible for the services performedby it or any of its personnel on behalf of the Consultant hereunder.

3. Standards of Performance

The Consultant shall perform the services and carry out its obligations under the Contract withdue diligence, efficiency and economy in accordance with generally accepted professionalstandards and practices. The Consultant shall always act in respect of any matter relating to thiscontract as faithful advisor to the MCG. The Consultant shall always support and safeguard thelegitimate interests of the MCG, in any dealings with the third party. The Consultant shall abideby all the provisions/Acts/Rules etc. of Information Technology prevalent in the country. TheConsultant shall conform to the standards laid down in the RFP in totality.

4. Consultant’s Downstream Business Interest

The Consultant shall not be eligible to bid for the activities relating to the implementation ofthis project. Further, the Consultant shall give a declaration that they do not have any interest indownstream business, which may ensue from the RFP prepared through this assignment.

5. Consultant Personnel

a) The Consultant shall deploy and provide such qualified and experienced personnel as maybe required to perform the services under the project.

6. ApplicableLaw

Applicable Law means the laws and any other instruments having the force of law in India asmay be issued and in force from time to time. The Contract shall be interpreted in accordancewith the laws of the Union of India and the State of Haryana.

7. Intellectual Property Rights

No services covered under the Contract shall be sold or disposed by the Consultant in violationof any right whatsoever of third party, and in particular, but without prejudice to the generalityof the foregoing, of any patent right, trademark or similar right, or any charge mortgage or lien.

The Consultant shall indemnify the MCG from all actions, costs, claims, demands, expensesand liabilities, whatsoever, resulting from any actual or alleged


34

infringement as aforesaid and at the expenses of the Consultant, the MCG shall be defended inthe defense of such proceedings.

8. Governing Language

The Contract shall be written in English. All correspondences and other documents pertainingto the contract, which are exchanged between the parties, shall be written in the English.

9. Penalty & Termination of Contract

a) Penalty: Penalty on the empanelled Consultant can be imposed by MCG’s concerned atthe rate of 1% of the awarded contract value per month of the delayed period andmaximum to 10% of the total work allotted by the MCG concerned.

b. The Contract of the Empanelled Consultant with the MCG will be terminated in thefollowing ways:

i. The term of Contract expires;

ii. Termination of Contract by the MCG due to non-performance during the executionof Project

1. Performance is below expected level.2. Non adherence to the timelines of the Project.3. Quality of work is not satisfactory.

10. Termination for Insolvency, Dissolution etc

The MCG may at any time terminate the Contract by giving written notice to the Consultant, ifthe Consultant becomes bankrupt or otherwise insolvent or in case of dissolution offirm/company or winding up of firm/company. In this event termination will be withoutcompensation to the Consultant, provided that such termination will not prejudice or affect anyright of action or remedy, which has accrued or will accrue thereafter to the MCG.

11. Termination for Convenience

The MCG reserves the right to terminate, by prior written notice, the whole or part of thecontract, at any time for its convenience. The notice of termination shall specify thattermination is for the MCG’s convenience, the extent to which performance of work under thecontract is terminated, and the date upon which such termination becomes effective.

12. Force Majeure

a) The Consultant shall not be liable for forfeiture of its PBG or termination of contract fordefault if and to the extent that it’s delay in performance or other failure to perform itsobligations under the Contract is the result of an event of Force Majeure.

b) For purposes of this clause, “Force Majeure” means an event beyond the control of theConsultant and not involving the Consultant’s fault or negligence, and not foreseeable.Such events may include, but are not restricted to, acts of the MCG in its sovereigncapacity, wars or revolutions, riot or commotion, earthquake, fires, floods, epidemics,quarantine restrictions and freightembargoes.


35

c) If a Force Majeure situation arises, the Consultant shall promptly notify the MCG inwriting of such condition and the cause thereof. Unless otherwise directed by the MCG inwriting, the Consultant shall continue to perform its obligations under the Contract as faras is reasonably practical, and shall seek all reasonable alternative means for performancenot prevented by the Force Majeure event.

13. Taxes andDuties

The Consultant shall be entirely responsible for all taxes; duties, etc. incurred.

14. Resolution of Disputes

If any dispute arises between parties, then these would be resolved in following ways:

Amicable Settlement

Performance of the Contract is governed by the terms and conditions of the Contract, howeverat times dispute may arise about any interpretation of any term or condition of Contractincluding the scope of work, the clauses of payments etc. In such a situation either party of thecontract may send a written notice of dispute to the other party. The party receiving the noticeof dispute will consider the Notice and respond to it in writing within 30 days after receipt. Ifthat party fails to respond within 30 days, or the dispute cannot be amicably settled within 60days following the response of that party, then the second Sub-clause of resolution of disputesshall become applicable.

Resolution of Disputes

In case dispute arising between the MCG and the Consultant, which has not been settledamicably, the Consultant can request the MCG to refer the dispute for Arbitration underArbitration and Conciliation Act, 1996. Such disputes shall be referred to the Commissioner,MCG. The Indian Arbitration and Conciliation Act, 1996 and any statutory modification orreenactment thereof, shall apply to these arbitration proceedings. Arbitration proceedings willbe held at Gurgaon, Haryana. The decision of the arbitrator shall be final and binding upon boththe parties. All arbitration awards shall be in writing and shall state the reasons for the award.The expenses of the arbitration as determined by the arbitrator shall be borne by the Consultant.However, the expenses incurred by each party in connection with the preparation, presentationshall be borne by the party itself.

15. LegalJurisdiction

All legal disputes between the parties shall be subject to the jurisdiction of the Courts situatedin Gurgaon.

SECTION IV:

TECHNICAL & FINANCIAL PROPOSAL FORMATS


36

ENVELOPE A: TECHNICAL PROPOSAL

TECHNICAL PROPOSAL FORMATS

Form T 1: Check ListForm T 2: Covering LetterForm T 3: Power of Attorney for Authorized SignatoryForm T 4: Letter ofUndertakingForm T 5: Detail of Works executed by the Bidder / Consultant.Form T 6: Qualification of Technical Staff (minimum

requirement) underCategory…….Form T 7: Financial Capability Statement.Form T 8: List of Equipment Available with the Firm

(minimum requirement)

FINANCIAL PROPOSAL FORMATS

Form F 1: Financial BidForm.Form F 2: Bank GuaranteeForm


39

FORM T 1: CHECKLIST

Sr. No Form Submitted

Technical Proposal Formats

1 Form T 1

2 Form T 2

3 Form T 3

4 Form T 4

5 Form T 5

6 Form T 6

7 Form T 7

8 Form T 8

Security

9 An amount equivalent to Rs. Ten Thousand in the formof Demand Draft from a scheduled bank drawn in favorof “COMMISSIONER, Municipal CorporationGurgaon ” payable at Gurgaon is to be submitted, assecurity along with the proposal.

Financial Proposal Formats

10 Form F 1

11 Form F 2


40

FORM T2: COVERING LETTER

Date:

To

CommissionerMunicipal Corporation Gurgaon.C-1, Info City, Sector- 34Gurgaon, Haryana-122001

Subject: Empanelment of Consultant with Municipal Corporation Gurgaon for the purposeof planning, Designing of Infrastructures Development i.e. Road, water Supply, StormWater Drainage, Street Light Electrification and Horticulture Works etc. (Under Category- to be mentioned)

Dear Sir:

1. With reference to the RFP Document for the captioned Project, I/we, having examined allrelevant documents and understood their contents, hereby submit our Proposal for selectionas C o n s u l t a n t under Category ….. for the same. The proposal is unconditional andunqualified.

2. All information provided in the Proposal is true and correct and all documentsaccompanying such Proposal are true copies of their respective originals.

3. This statement is made for the express purpose of appointment as theEmpanelled Consultant under Category ….. for MCG’s.

4. I/We shall make available to the Client any additional information it may deem necessary orrequire for supplementing or authenticating the Proposal.

5. I/We acknowledge the right of the Client to reject our application without assigning anyreason or otherwise and hereby waive our right to challenge the same on any accountwhatsoever.

6. I/We certify that in the last three years, we/ any of the consortium members have neitherfailed to perform on any contract, as evidenced by imposition of a penalty by an arbitral orjudicial Client or a judicial pronouncement or arbitration award against the Consultant, norhave been expelled from any project or contract nor have had any contract terminated forbreach on our part.

7. I/We declarethat:

(a) I/We have examined and have no reservations to the RFP Documents, includingany Addendum thereto, issued by the Client;

(b) I/We do not have any conflict of interest in accordance with provisions of the RFPDocument;

(c) I/We have not directly or indirectly or through an agent engaged or indulged inany corrupt practice, fraudulent practice, coercive practice, undesirable practiceor restrictive practice, as defined in the RFP


41

document, in respect of any tender or request for proposal issued by or anyagreement entered into with the Client or any other public sector enterprise or anygovernment, Central or State; and

(d) I/We hereby certify that we have taken steps to ensure that in conformity with theprovisions of the RFP, no person acting for us or on our behalf will engage in anycorrupt practice, fraudulent practice, coercive practice, undesirable practice orrestrictive practice.

(e) I/We hereby declare that if appointed as the Selected Consultant, all the membersof our Consortium shall be jointly and severally liable to fulfill all the obligationsenumerated in this RFP document and Agreement.

8. I/We understand that you may cancel the Selection Process at any time and that you areneither bound to accept any Proposal that you may receive nor to select the Consultant,without incurring any liability to the Consultants in accordance with the provisions of RFPdocument.

9. I/We declare that we/any member of the consortium, are/is not a Member of a/any otherConsortium applying for Selection as a Consultant.

10. I/We certify that we have not been convicted by a Court of Law or indicted or otherwisehave adverse orders passed against us by a regulatory Authority which would cast a doubton our ability to undertake the Consultancy for the Project or which relates to a graveoffence that outrages the moral sense of the community.

11. I/We further certify that in regard to matters relating to security and integrity of thecountry, we have not been charge-sheeted by any agency of the Government or convictedby a Court of Law for any offence committed by us or by any of our Associates.

12. I/We further certify that no investigation by a regulatory Authority is pending eitheragainst us or against our Associates or against our CEO or any of ourDirectors/Managers/employees.

13. I/We hereby irrevocably waive any right or remedy, which we may have at any stage atlaw or howsoever otherwise, arising to challenge or question any decision taken by theMCG of Local Government, Government of Haryana, in connection with the selection ofConsultant or in connection with the Selection Process itself in respect of the abovementioned Project.

14. The Security of Rs.10,000/- (Rupees Ten Thousand ) in the form of a Demand Dr aft(Dated , Bank Name: ) is attached, in accordancewith the RFP document.

15. I/We agree and understand that the proposal is subject to the provisions of the RFPdocument. In no case, shall I/we have any claim or right of whatsoever nature if theConsultancy for the Project is not awarded to me/us or our proposal is not opened orrejected.

16. I/We agree to keep this offer valid for a period o f 90 (Ninety) days or for a longerpe riod on any further extension being sought by the Client , from the ProposalDue Date specified in the RFP.

17. In the event of my/our firm/ consortium being selected as the Consultant,


42

I/we agree to enter into an Agreement in accordance with the provisions of the RFP. Weagree not to seek any changes in the aforesaid form and agree to abide by the same.

18. I/We have studied the RFP and all other documents carefully and also surveyed theProject site. We understand that except to the extent as expressly set forth in theAgreement, we shall have no claim, right or title arising out of any documents orinformation provided to us by the Client or in respect of any matter arising out ofor concerning or relating to the Selection Process including the award of Consultancy.

19. I/We agree and undertake to abide by all the terms and conditions of the RFP Document.In witness thereof, I/we submit this Proposal under and in accordance with the terms of theRFP Document.

Yours faithfully,

(Signature, name and designation of the Authorised Signatory)

(Name and seal of the Consultant/ Lead Member)


43

Form T3: Power of Attorney for Authorised Signatory(On a Stamp Paper of relevant value)

POWER OF ATTORNEY

Know all men by these presents, we (name and address of theregistered office) do hereby constitute, appoint and authorize Mr. /Ms.

(name and address of residence) who is presently employed with us andholding the position of as our attorney, to do in our name and on our behalf, all such acts, deeds andthings necessary in connection with or incidental to our Proposal for the Project.

We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuantto this Power of Attorney and that all acts deeds and things done by our aforesaid attorney shall and shallalways be deemed to have been done by us.

Executant

Signature of Attorney

(Name, Title and Address of the Attorney)

Notes:

Attested

Executant

1 To be executed by the sole Bidder.

2. The mode of execution of the Power of Attorney should be in accordance with the procedure, ifany, laid down by the applicable law and the charter documents of the executants(s) and when itis so required the same should be under common seal affixed in accordance with the requiredprocedure.

3. Also, where required, the executants(s) should submit for verification the extract of the charterdocuments and documents such as a resolution / power of attorney in favour of the Personexecuting this Power of Attorney for the delegation of power hereunder on behalf of the Bidder.


44

FORM T4: Letter of UndertakingDate:

To

CommissionerMunicipal Corporation Gurgaon.C-1, Info City, Sector- 34Gurgaon, Haryana-122001

Subject: “Empanelment of Consultant with Municipal Corporation Gurgaon for thepurpose of planning, Designing of Infrastructures Development i.e. Road, water Supply,Storm Water Drainage, Street Light Electrification and Horticulture Works etc. (UnderCategory - to be mentioned)

We hereby agree and undertake as under:

Notwithstanding any conditions, whether implied or mentioned in our Technical Proposal underCategory ….., we agree to the terms and conditions as contained in the RFP document provided to us.We hereby represent and confirm that our proposal under Category ….. is unconditional for the Project.

Dated this…………. Day of……….. 2016

Name of the Consultant

Signature of the Authorized Person

Name of the Authorized Person


45

Form T 5: Detail of Works executed by the Bidder / Consultant.

Sr. NoName of the

Work /Project

Amount of Work/ Project (Rs. inLakhs)

MCG / State Govt./ Central Govt. /Ministry name

Date ofCompletion

Year

1

2

3

4

Note:

1. Appropriate proof of the experience is to be provided for each Project completed includingcopy of work order / completion certificate, duly signed & issued by the Engineer in Charge notless than the rank of Executive Engineer (Govt. of India / State Govt.). Self Certification by theConsultant shall not be admissible.

2. The value of previous / old work(s) shall be up-graded / enhanced by 10% per year.


46

Form T 6: Qualification of Technical Staff (minimum requirement) underCategory…….

S.No Staff Detail

MinimumStrength

MinimumQualification

Years ofExperience

1 Senior Engineer /Project Manager(Civil)

1 Nos. B.E./B.Tech.&M.E./M.Tech.(in respective category ofwork area)

Must haveyearsexperience

10of

2 Design Engineer (inrespective category ofworkarea)

1 Nos. B.E./B.Tech. &M.E./M.Tech.(in respective category ofwork area)


5of

3 Architect /Planning Engineer

1 Nos. B.Arch. /B.E./B.Tech. &Desirable

M.Arch./M.E./M.Tech (inrespective category of workarea)


5of

Note:1. The CVs of individual Technical Staff should be enclosed in the prescribed format as per

AnnexureE.

2. The CVs have been recently signed and dated in blue ink by the respective Personnel andcountersigned by the Bidder. Photocopy or unsigned /countersigned CVs shall berejected.

3. If an individual Personnel makes a false averment regarding his qualification, experience orother particulars, or his commitment regarding availability for the Project is not fulfilled at anystage after signing of the Agreement, he shall be liable to be debarred for any future assignmentof the Authority for a period of 5 (five) years. The award of this Consultancy to the Biddersmay also be liable to cancellation in such an event.


47

Form T 7: Financial Capability Statement.

Average Annual turnover (in INR)

Design and Estimates Consultancy Services

Year 2011-12 2012-13 2013-14

Amount (INR)

Average

Note: To be duly certified by Statutory Auditor / CA.


48

Form T 8: List of Equipment Available with the Firm(minimum requirement)

S. No. Name of Equipment Type /

MakeNos. (Min.)

1 Computers / Laptops 5

2 Printers 2

3 Plotters 1

4 Software 2

Total 10


49

F1: Financial Bid Form

The bidder shall quote in percentage of the cost of the Design and Estimates including all thetaxes, incidental charges & contingencies as per format given below;

Sr.No

Description Units Rates to bequoted by theConsultants

1. Water supply scheme including planning & designing ofT/wells lying of pipe net work, construction of OHSR, UGR,and water based on canal water supply including pumpingmachinery complete in all respects.

Net amountof Project

2. Design of sewerage scheme including its final disposal. Net amountof Project

3. Design of CETP/STP including provision of recycling oftreated water in the area, green belts and to the industries forthe use of washing, cooling and boilers etc (New Work).


4. Design of Storm Water drainage scheme with provision ofunderground pipe network to open channel including itsdisposal.


5. Design of rain harvesting system through development ofwater body of injection wells or any new technologiesavailable in the industry.


6. Design of augmentation of existing infrastructure services i.e.water supply, sewerage, drainage, CERP/STP etc. as perrequirement from time to time including electrical.


7. Total services mentioned above at Sr. no. 1-5 Net amountof Project

8. Total services i.e. Planning, Designing of Infrastructuresdevelopment like roads, water supply, sewerage, stormdrainage, street light electrification and horticulture work andincluding development of existing infrastructure.


9. Architectural and structural design of building including itsplanning complete in all respects.

Per Sq. Mtr.

10 Recreational works such as pond regeneration including itsplanning complete in all respect.

Per Acre

11. Conducting Topographical Survey of Sector/Colony/Village,showing all permanent features, Railway Line, canal, Roads,Streets, Schools, Chaupals and other landmarks, taking outSpot levels at an interval of 50m, preparations of L-Section ofProposed Route Along with Digital Plan. Submitting 1 set ofhardcopy along with CD.

Per Acre

12. Conducting Topographical Survey of Road, showing allpermanent features, Railway Line, canal, Roads, Streets,Schools, Chaupals and other landmarks, taking out X-sectionat an interval of 50m and L- Section at 25m, preparations of L-Section and X-Section of Road. Submit data Along withDigital Plan with 2 set of hardcopy and CD.

PerKm


50

Name & Signature of Consultant (Authorized Signatory)

Stamp of the Consultancy FirmNote: Fee offered above shall remain firm and fixed till completion of the contract.


51

F 2: Bank Guarantee Form

[To be issued by a Scheduled Bank branch in << concerned MCG’s >>] UNCONDITIONAL AND

IRREVOCABLEBANKGUARANTEE

Bank Guarantee No.:Issuer of Bank Guarantee:

(Name of the Bank)

Dated:

(hereinafter referred to as the "Bank")

Beneficiary of Bank Guarantee:

<<< Name & Designation of the concerned officer in MCG >>> Nature of

Bank Guarantee:

Unconditional and irrevocable Bank Guarantee. Context

of Bank Guarantee:

In pursuance of article of Section II of the Request for Proposal Document

dated (hereinafter referred to as the "RFP" inclusive of Agreement) for the

<<preparation of Design and Estimates for ………………….>> (hereinafter referred to as the"Project"), provided however, such context of the Bank Guarantee or reference to the Agreement in thisBank Guarantee shall in no manner to relied upon at any stage to adversely affect or dilute theunconditional and irrevocable nature of this Bank Guarantee. The Contract of Bank Guarantee is anindependent Contract between the <<< Name & Designation of the concerned officer in MCG >>> andis not dependent upon execution or performance of any Agreement between and

(name of the Consultant).

Operative part of the Bank Guarantee:

1. At the request of the (name & address of the bidder), we

, (name and address of the bank),

hereinafter referred to as the "Bank"), do hereby unconditionally and irrevocably affirm and undertakethat we are the Guarantor and are responsible to <<< Name & Designation of the concerned officer inMCG >>> i.e. the beneficiary on behalf of the Bidder, up to a total sum of Rs. Lakhs (Rupees LakhsOnly), such sum being payable by us to the <<< Name & Designation of the concerned officer inMCG >>> immediately upon receipt of first written demand from <<< Name & Designation of theconcerned officer in MCG >>>


52

2. We unconditionally and irrevocably undertake to pay to the <<< Name & Designation of theconcerned officer in MCG >>> on an immediate basis, upon receipt of first written demand from the<<< Name & Designation of the concerned officer in MCG >>> and without any cavil or argument ordelaying tactics or reference by us to the Consultant and without any need for the <<< Name &Designation of the concerned officer in MCG >>> to convey to us any reasons for invocation of theGuarantee or to prove the failure on the part of the Consultant to repay the amount of

or to show grounds or reasons for the demand or the sum specified therein, the entire sumor sums within the limits of Rs. Lakhs (Rupees Lakhs Only).

3. We hereby waive the necessity of the <<< Name & Designation of the concerned officer in MCG>>> demanding the said amount from the Consultant prior to serving the Demand Notice upon us.

4. We further agree and affirm that no change or addition to or other modification to the terms ofthe Agreement, shall in any way release us from any liability under this unconditional and irrevocableGuarantee and we hereby waive notice of any such change, addition or modification. We further agreewith the <<< Name & Designation of the concerned officer in MCG >>> that the <<< Name &Designation of the concerned officer in MCG >>>shall be the sole and the exclusive judge to determinethat whether or not any sum or sums are due and payable to it by the Consultant, which are recoverable bythe <<< Name & Designation of the concerned officer in MCG >>> by invocation of this Guarantee.

5. This Guarantee will not be discharged due to a change in the constitution of the Bank or theConsultant. We undertake not to withdraw or revoke this Guarantee during its currency/ validity period,except with the previous written consent of the<<< Name & Designation of the concerned officer in MCG >>>.

6. We unconditionally and irrevocably undertake to pay to the<<< Name & Designation of theconcerned officer in MCG >>>, any amount so demanded not exceeding Rs. Lakhs (Rupees LakhsOnly), notwithstanding any dispute or disputes raised by the Consultant or anyone else in any suit orproceedings before any dispute review expert, arbitrator, court, tribunal or other authority, our liabilityunder this Guarantee being absolute, unconditional and unequivocal. The payment so made by us underthis Guarantee to the <<< Name & Designation of the concerned officer in MCG >>>, shall be a validdischarge of our liability for payment under this Guarantee and the Consultant shall have no claimagainst us for making such payment.

7. This unconditional and irrevocable Guarantee shall remain in full force and effect and shallremain valid throughout the period of the contract and until 90 days after the date of completion of theproject i.e. the date of issue of completion certificate issued by the concerned MCG or any extensionthereof as requested by the MCG.

Notwithstanding any contained herein:

1. Our liability under this Bank Guarantee shall not exceed Indian Rs. Lakhs (Rupees LakhsOnly).

2. This unconditional and irrevocable Bank Guarantee shall be valid w.e.f.

(Date of Submission of the Bid) to .

We are liable to pay the guaranteed amount or any part thereof under this unconditional and irrevocableBank Guarantee only and only if <<< Name & Designation of the concerned officer in MCG >>>,serves upon us a written claim or demand on or before end of validity period of this Guarantee.


53

Authorized Signatory For

Bank

Annexure - I

Evaluation Criteria

S.No. Technical Proposal Evaluation Criteria Max. Marks

1 Experience: Bidder should have prepared, got appraised from thetechnical agency appointed by Govt. of India or State Govt. andsubsequent approval from GoI/State Govt. at least one Project(Design and Estimates), each costing not less than Rs. 5 Lack forUrban Infrastructure Works during last five years. (Ref. AnnexureA)

40

2 Qualification of Technical Staff (Ref. Annexure B) 30

3 Turnover: Consultant should have a minimum Average AnnualTurnover in the last three Financial Years ending 31 March 2016 ofRs.20 Lack duly supported by balance sheet certified by theChartered Accountant. (Ref. AnnexureC)

25

4 Office Equipment / Accessories (Ref. Annexure D) 5

Total Maximum Score 100

Note: The bidder / consultant scoring less than 70% marks shall be disqualified from the biddingprocess.


54

Annexure A

1. Experience of Similar Work - Scoring Procedure

Experience: At least one similar Detailed Project Reports (Design and Estimates) of costing notless than Rs.5 Lack (Min. Marks – 30 & Max. Marks

– 40), in the last 5 years.

Sr. No Number of States Marks

1 Above 10 Design and Estimates of Similar Category ofWork

40

2 6 – 10 Design and Estimates of Similar Category of Work 35

3 Minimum One Design and Estimates of Similar Categoryof Work

30

Note:

1. The value of previous / old work(s) shall be up-graded / enhanced by 10% per year.


55

Annexure B

2. Qualification of Technical Staff – Scoring Procedure (minimum requirement) under Category…… (Min. Marks – 20 & Max. Marks – 30)

S. No Staff DetailMin.

Strength Years ofExperience

Marks30 Max.20 Min.

1 Senior Engineer /(Civil)

1 Nos. Above 10 Years

05 – 10 Years

15 Max.

10 Min.

2 Design Engineer (inrespective category of workarea)

1 Nos. Above 10 Years

5 - 10 Years

10 Max.

5 Min.

3. Surveyor in respectivecategory of work area)

2 Nos. Above 10 Years5 - 10 Years

10 Max.5 Min.


56

Annexure C

3. Turnover - Scoring Procedure (Min. Marks – 15 & Max. Marks – 25 )

Sr. No. Turnover (Rs. in Crore) Marks

1 Above 20.0 Lack 25

2 Above 10 Lack – upto 20.0 Lack 20

3 Minimum – 5.0 Lack 15


57

Annexure D

4. List of Equipment Available with the Firm - Scoring Procedure (minimum

requirement) (Max. Marks – 5 )

Sr. No. Equipment Marks

1 Minimum – 10 Nos. 5

Annexure E

Curriculum Vitae (CV) of Technical Staff

1. Name ofPersonnel:

2. Designation:

3. Date of Birth:

4. Nationality:

5. Educational Qualifications:

6. Employment Record: (starting with present position, list in reverse order every employment held)

7. List of projects on which the Personnel has worked

Name of project Description of responsibilities

8. Details of the current assignment and the time duration for which services are required for the current

assignment.

Certification:

i. I am willing to work on the Project and I will be available for entire duration of the Projectassignment as and when required.

ii. I, the undersigned, certify that to the best of my knowledge and belief, this CV correctlydescribes myself, my qualifications and my experience.

Place.............................. (Signature and name of the Personnel)

(Signature and name of the authorized signatory of the Bidder) Notes:

1. Use separate form for each Personnel

2. Each page of the CV shall be signed in Blue ink by both the Personnel concerned and by theAuthorized Representative of the Bidder / Consultancy Firm along with the seal of the firm. Photocopieswill not be considered for evaluation.

SECTION V:

DRAFT AGREEMENT


58

Annexure II: Contract AgreementDate:

CONTRACT AGREEMENT

THIS AGREEMENT is made on the <<day>> day of <<month>> 2016BETWEEN:Municipal Corporation Gurgaon having its office at C-1, Infocity, Sector 34, Gurgaon, India hereinafterreferred to as “Client / MCG” (which term or expression unless excluded by or repugnant to the subject

or context shall mean and include its successors‐in‐office and assigns) of the FIRST PART;

AND

M/s <<name of selected company>>, incorporated in India under the Companies Act, 1956 and havingits registered office at <<registered office address>> (India) and place of business at <<businessaddress of company>> hereinafter referred to as “The Company” (which term or expression unlessexcluded by or repugnant to the subject or context shall mean and include its successors‐in‐office andassigns) of the SECOND PART;

WHEREAS

a) The Client is desirous that the Consultant should carry out the work of preparation of Design andEstimates for various specified categories in the PROPOSAL of the RFP ………………….. for MCG,the “Client”. The Consultant, having represented to the Client that it has the required experience,professional skills, personnel & technical resources, has agreed to provide the services on the terms andconditions set forth in this Contract;

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

a) In this Agreement words and expressions shall have the same meanings as are respectively assignedto them in the RFP.

b) The following documents in relation with Request for Proposal issued for selection of Consultantsshall be deemed to form and be read and construed as part of this Agreement viz:

i. SectionI of the RFP

ii. Section II of theRFP

iii. Section III of theRFP

iv. Section IV of theRFP

v. Section V of the RFP

vi. All Annexure (s), amendments, supplements, corrigendum or clarifications thereto

vii. Notification ofAward.

c) The contract shall begin from the date of signing of the contract, as and when the Project would beassigned to the Consultant.

d) The mutual rights and obligations of the Client and the Consultant shall be as set forth in theContract, in particular:

i. the Consultant shall carry out the services in accordance with the provisions of the Contracts/LOA;

ii. the Consultant shall provide professional, objective and impartial advice and at all times hold theClient’s interest paramount, strictly avoid conflicts with other assignments/ jobs,

downstream projects or their corporate interests and act without any consideration for future work; and

iii. the Client shall make payments to the Consultant in accordance with the provisions of the Contract.IN WITNESS WHEREOF, the parties hereto have caused this Contract to be signed in their respectivenames as of the day and year first above written.

Signed by: Signed by:

(Name and designation) (Name and designation)

Authorized Signatory of the Company Authorized Signatory of theMCG